E90Post
 


GT Haus
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > UK Off-Topic Discussions > Advice? - Car purchase, Head Gasket gone, naff dealer etc



Reply
 
Thread Tools Search this Thread
      08-28-2013, 12:17 PM   #1
basim07
Private First Class
 
Drives: BMW 320D (55)
Join Date: Mar 2013
Location: Manchester

Posts: 148
iTrader: (0)

Advice? - Car purchase, Head Gasket gone, naff dealer etc

My GF bought a Peugot 206 from a car dealer in Batley two weeks ago and she noticed some oil was leaking from the car. Initially she went to see a local mechanic who told her the problem looked quite major so then she rang the original dealer who said bring the car back and we'll sort it. She took the car back to them on Wednesday last week.

Now, at first they said it was a bit of oil from the steering column then they rang back saying that the head gasket had gone and that they were gonna fix it.

Fair enough

Then another two days later they said that something was wrong with one of the pistons and that had to be sorted aswell.

Now it has been a week since they've had the car, initially they said it would be ready tuesday but suprise suprise it wasn't. Then they said it would be ready this evening when she rang this morning but on ringing an hour or so ago they said it isn't and one of their colleagues has gone to get a few other parts and we'd get a call back shortly.

Now its 6pm, no call back and they seem to have shut off their phones.

Now what annoys me even more, is they MOTd the car before selling us it as part of the deal. Now how can they correctly MOT a car with a leaking head gasket with oil leaking everywhere (correct me if im wrong)



As a result of this, and under my advice I said ask for a refund as shes been without a car for a week, shes paying 250 a month insurance which is going to waste, and if they can hide a head gasket failure from us when selling the car what else are they hiding.

1) am i within my rights to ask for a refund?
2) can i threaten to contact VOSA for selling a car with such a major problem and passing an MOT with the problem?
3) worst comes to worse would i have a case in court if it got to that


Many thanks
Basim
basim07 is offline  
0
Reply With Quote
      08-28-2013, 12:29 PM   #2
Drrncour
Lieutenant
 
Drives: E92 M Sport
Join Date: Jan 2013
Location: Surrey, England

Posts: 586
iTrader: (0)

http://www.tradingstandards.gov.uk/c...V0003-1011.txt

This the link to buying used car from a dealer (The law) not sure if you have read through this yet.
A dealer can offer to fix a car if a problem with the car once reported as this as this is deemed as the dealer responding reasonably to a fault with the car. What is deemed as a reasonable amount of time to fix the car is a little grey; however how long would a normal garage take to source parts/ fix it is a good indicator.
When I had to return a car through the sales of goods act, I was told that if they fixed the issue I found with the car in a reasonable amount of time, then they didn’t have to refund the car, as it was used, 100% perfect was not guaranteed and they had rectified fault.
I always pay by credit card when buying expensive goods., then pay the credit card straight off as the credit company then a obligation for the purchased goods. I got a refund as I went through my card company and did a charge back.
What is annoying, is they can legally reduce the amount refunded due to you being another owner, ect (annoying I know, but perfectly legal)
How was the car paid for?
__________________
Cree angel eyes - 19" 313 OEM alloy wheels - 15mm rear spacers - Black performance Grilles - Alloy pedals - Tinted windows - Shadowline trim - M3 rear Spoiler - Tail light mod - LED interior lighting - k&n panel Filter - Performance Diffuser - Carbon Badges alround - Bluetooth - Air intake scoops - Painted Calipers - Custom Stainless Exhaust
Drrncour is offline   United Kingdom
0
Reply With Quote
      08-28-2013, 12:40 PM   #3
basim07
Private First Class
 
Drives: BMW 320D (55)
Join Date: Mar 2013
Location: Manchester

Posts: 148
iTrader: (0)

Quote:
Originally Posted by Drrncour View Post
http://www.tradingstandards.gov.uk/c...V0003-1011.txt

This the link to buying used car from a dealer (The law) not sure if you have read through this yet.
A dealer can offer to fix a car if a problem with the car once reported as this as this is deemed as the dealer responding reasonably to a fault with the car. What is deemed as a reasonable amount of time to fix the car is a little grey; however how long would a normal garage take to source parts/ fix it is a good indicator.
When I had to return a car through the sales of goods act, I was told that if they fixed the issue I found with the car in a reasonable amount of time, then they didnít have to refund the car, as it was used, 100% perfect was not guaranteed and they had rectified fault.
I always pay by credit card when buying expensive goods., then pay the credit card straight off as the credit company then a obligation for the purchased goods. I got a refund as I went through my card company and did a charge back.
What is annoying, is they can legally reduce the amount refunded due to you being another owner, ect (annoying I know, but perfectly legal)
How was the car paid for?

thanks for the quick reply bud

ah i see, I've only just realised the credit card thing now, knowledge for the future i guess now.

She paid by cash and got a receipt. I forgot to tell her to pay by card as then there is always a trail of the money but what's done is done now.

They've had the car for a week now, surely that's more than reasonable time to fix a head gasket. It's only about half a days work as far as i'm aware...

and in regards to the MOT, can an MOT be legally passed with an oil leak under the engine bay? just want to know if i can use this is leverage?

Thanks
basim07 is offline  
0
Reply With Quote
      08-28-2013, 12:54 PM   #4
Drrncour
Lieutenant
 
Drives: E92 M Sport
Join Date: Jan 2013
Location: Surrey, England

Posts: 586
iTrader: (0)

You could try and use the MOT as leverage, but in terms of Law the following is stated.

MOTs
An MOT certificate simply confirms that the vehicle passed the test on the day it was submitted. It only covers the specific tests required and does not provide an absolute guarantee of the general quality of the vehicle. If you have a problem with an MOT, contact the Vehicle and Operator Services Agency (VOSA), which enforces the law relating to these tests.

They could just say that it wasn't present when it was MOT'd so it wasn't spotted.

Call trading standards and log a complaint, to get the ball rolling. They will log and give you required information in regards to law. That way you could state to the dealer, ive been to trading standards, this is their view, heres the case number and see what they say. (may scare them into a refund) or could just annoy them, and may stop trying to sort the issue.
__________________
Cree angel eyes - 19" 313 OEM alloy wheels - 15mm rear spacers - Black performance Grilles - Alloy pedals - Tinted windows - Shadowline trim - M3 rear Spoiler - Tail light mod - LED interior lighting - k&n panel Filter - Performance Diffuser - Carbon Badges alround - Bluetooth - Air intake scoops - Painted Calipers - Custom Stainless Exhaust
Drrncour is offline   United Kingdom
0
Reply With Quote
      08-28-2013, 03:13 PM   #5
dxb335d
The Tarmac Terrorist
 
dxb335d's Avatar
 
Drives: E46 M3 CS
Join Date: Mar 2007
Location: ''Fandango Towers''

Posts: 29,262
iTrader: (3)

Garage List
A Car can pass a MOT with a oil leak, blown head gasket, knocking bottom ed etc etc... But would fail if one wheel bolt was missing or it has no washer fluid.

It's to make sure a car is road worthy not reliable

Good luck sorting your issue !
dxb335d is offline   England
0
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 11:45 AM.




e90post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST