Your advice please.

Admiral Huddy · 7 Dec 2009 at 10:14

Hi A rare visit to the motors section and wondered if you chaps could help me

Last month, I bought a Ford galaxy on a 56 plate from a Jaguar dealer in Milton Keynes. The car is immaculate and came with new brakes, tyres, full service history, service on delivery plus full years MOT and 6 months warranty cover for non-serviceable parts. Everything you'd expect from a main dealer.

About 3 weeks after taking delivery, I did notice that the car was getting louder and thought I'd get it checked. Fortunately, I know a very reputable garage who took it away for a thorough inspection for me. Since they know me well, the did it for nothing which was good of them.

Anyway, the reported that the car was a decent buy.. nothing wrong at all - except - the exhaust had eroded away to a point that it wasn't too far from dropping off and needed replacing immediately. On asking if this should have passed the MOT inspection, they said, "No, there's no way this should have got through at any point over the last few months."

Typically, the dealer is denying any responsibility and refusing to cooperate. Normally, I'd just say it's unlucky but in this case I feel quite strongly that they do have some responsibilty. I would have accepted it if the MOT was passed with an advisory but nothing. A clean MOT pass.

What do you think? Is there anything I can do about this?

Advanced thanks

merlin · 7 Dec 2009 at 10:16

Dealer is naughty, tell them you'll report the matter to VOSA unless they come up with a reasonable resolution.

Presumably you took pics?

Admiral Huddy · 7 Dec 2009 at 10:18

The guys have kept the pipe for me. All the dealer has said, is check the warranty, which of course doesn't cover the pipe.

Jez · 7 Dec 2009 at 10:21

merlin said:
Dealer is naughty, tell them you'll report the matter to VOSA unless they come up with a reasonable resolution.

Presumably you took pics?

If you have the pipe, and the second garage are willing to write/and or stand up to their claims that they truely believe that the pipe should have no way gone through an MOT, then i would go the route Merlin mentions re mentioning VOSA. For the cost of an exhuast they will probably just change it under goodwill.

Admiral Huddy · 7 Dec 2009 at 10:23

I know they will so will go this route.

merlin · 7 Dec 2009 at 10:34

If you run into real bother check your home insurance for legal protection - that will almost certainly take care of the legal costs of bringing action against the dealer. Almost always nil excess and 24hr legal helplines etc - it's a 2 minute job to claim for some legal muscle.

Sin_Chase · 7 Dec 2009 at 10:35

They have effectively sold you an unroadworthy car if it would not of passed an MOT. I would definitely be seeking the cost of the exhaust back in compensation!

Good luck.

antijoke · 7 Dec 2009 at 10:39

As silly as it sounds, did it get a clean pass or on the MOT certificate does it say 'advisory issued', my friend bought a car that came with a fresh MOT (from a garage) and no advisory attached but it said on the cert that one had been issued.

He then checked the website to see what had been issued and it turned out a nail in the drivers side tyre was present, turns out they had replaced the tyre before he bought it.

Admiral Huddy · 7 Dec 2009 at 10:45

No the MOT certificate clearly states no advisories. As I siad, I could have accepted this if replacing it wasn't part of the deal.

I'll speak to the guys at the garage todays, and will write to the the dealer and post back how I get on. Legal advicefrom home insurance maybe a good idea - cheers. I always fortget that i have that option for cases like this.

Thanks

antijoke · 7 Dec 2009 at 10:47

Best of luck getting it sorted.

Admiral Huddy · 10 Dec 2009 at 16:00

Still having problem with the garage. I've sent these to them and VOSA who are quite interested:

What do you think ?

Jez · 10 Dec 2009 at 16:31

What are the garage saying? I cannt believe they are allowing you to contact VOSA by not co-operating :eek:

[TW]Fox · 10 Dec 2009 at 16:33

I think the Jaguar dealer are being absolute morons over this - I do not understand why it is worth a franchised dealers hassle to play hardball over this.

What you need to do I would imagine is formally dispute the validity of the MOT with Vosa. You may get the MOT certificate revoked and then would presumably have some sort of claim against the dealer as a result under the Sale of Goods Act. Remember the warranty they offer you is seperate to your statutary rights.

These state that for any faults in the first 6 months it is the responsibility of the dealer to prove they were not present at the time of purchase. The vehicle must also be of an acceptable standard taking into account age and mileage. I would not expect the exhuast to fall off a 4 year old £25,000 new vehicle. I would imagine it would deemed unreasonable under SOGA.

Is the Jaguar dealer local to you?

Admiral Huddy · 10 Dec 2009 at 16:42

Thanks Fox. Your opinion is well appreciated. No unfortunately Galaxy 2.0 Ghia's for the year we wanted are (or were back a month or so ago) quite hard to get hold of. I had to travel 100 miles outmof my way for the purchase (i can't say where at this stage for obvious reasons)

All the garage are saying at this point is that by law, they have to use a third party MOT inspector and shall be consulting them but they are saying at the time, they passed it on the basis that there was no "visible evidence" of any fault. My arguement is that rust doesn't appear overnight. So it seems they aren't too concerned over my contacting VOSA because it doesn't affect them. I feel pretty stupid as I only checked the MOT for advisories, which there were none so didn't physically check it myself.

These state that for any faults in the first 6 months it is the responsibility of the dealer to prove they were not present at the time of purchase

- very interesting - Didn't know this. They have asked for proof hence the pictures have been passed on today when in fact, what it's saying here is that i shouldn't have to..

[TW]Fox · 10 Dec 2009 at 16:49

They must prove it was not like that when they sold you the car.

Admiral Huddy · 10 Dec 2009 at 16:51

Thanks again Fox.. It's not the sort of behaviour I'd expect from a main dealer which is why I went with them for a little security.

Will post back any progress.

[TW]Fox · 10 Dec 2009 at 16:54

This is reading like the sort of story you get when you purchase from some idiotic pretend home trader not a franchised main Jaguar dealer.

I wonder if they have any sort of.. well.. items formed from rocks in their name..

BigglesPiP · 10 Dec 2009 at 17:25

An appeal to VOSA regarding the MOT will get you nowhere.

Admiral Huddy · 11 Dec 2009 at 14:10

I received this email this morning:

I have arranged a meeting with our MOT centre
and my service manager next week so they can give me some idea and reason as
to why the exhaust would simply just fall off under normal driving
conditions as you described to me yesterday.

After looking at the pictures, I have to say that I am surprised that it is
such a clean break where it seems to have broken off. The nature of rust is
that it eats through a metal surface but rarely would it corrode all around
the join of an exhaust at the same speed as you would expect the bottom area
closest to the debris from the road to deteriorate faster than say the top
area which has an element of protection.

However, that said I do fully understand your disappointment that the car
had failed you in such a short period of time after you took delivery. To
this end I am happy to re-imburse the costs you have incurred in replacing
the exhaust which I understand from ******* is in the region of £200.

As mentioned yesterday, if you would forward me a copy of your bill, I will
arrange payment for you.

osc89er · 11 Dec 2009 at 14:14

Well, that is the kind of response that you are supposed to get when dealing with franchised dealerships. It's a shame you had to play silly buggers to get them to respond.