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

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.

Admiral Huddy · 7 Dec 2009 at 10:23

I know they will so will go this route.

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

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 ?

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..

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.

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.