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Mrs Pondo bought a car last month, 16 plate Clio - the trader sold it as with FSH, including one they performed the week it was sold, but it then failed its MOT this week for knackered front disks and a cracked tyre, amongst other things (it's also been smoked in, and there is zero, albeit unprovable doubt that they deceived us about this). Is there any basis by which we can seek compensation, or just suck it up and move on?
If you've bought it from a dealer then you have the same rights as new. Kick it back.
The question I would ask you is, what result do you want? You're unlikely to get "compensation" aside from a goodwill gesture but if the goods aren't as described then they're in breach of CRA and you're entitled to return it for a refund.
(How did you not notice that it'd been smoked in at point of purchase, yet know now to a degree where it's problematic?)
knackered front disks and a cracked tyre
Fails or advisories?
Legally if they're a business selling cars then yes it's perhaps a problem for them to sort. But:
1) Is it an actual bricks and mortar garage where a service would actually include a checklist of things to do/check and that you're likely to get anything out of or someone's "side hustle" where they've just changed the oil and filter.
2) Both would be arguably wear and tare items. They shouldn't fail in a month, but you've got to argue that they were worn out / dangerous when they sold you the car.
If the tyres cracked, I presume it's old (what's the date on the sidewall?) and you presumably knew that anyway so replacing it is just one of those expenses and could/should have been a point to haggle on. Disks, sortof the same, to be an MOT fail they have to be visibly dangerously worn/weakened/cracked (they don't get a micormeter out and compare against the manufacturer guidelines), so caveat emptor again.
You bought a car from a dealer with 1 months MOT?
You bought a car from a dealer with 1 months MOT?
I bought my last one from a trader* with less than a week on it. That was definitely factored into the price though! But yea, any sort of dealer/trader not putting it through an MOT should have been a red flag.
*dealer is stretching it, if it was any dodgier he'd probably have needed a waste transfer permit from the council.
You bought a car from a dealer with 1 months MOT
Yeah, this
edit: about the only upside if it is someone's sidehustle rather than a limited company is you can take them personally to the small claims court, which means it's their debt not the companies and they can't just fold it and start a new one with a hyphen instead of a space in the name.
The question I would ask you is, what result do you want? You’re unlikely to get “compensation” aside from a goodwill gesture but if the goods aren’t as described then they’re in breach of CRA and you’re entitled to return it for a refund.
I think really just a contribution towards the cost - if they've serviced it (and they stamped the book) and didn't notice/kept quiet about knackered disks and pads, that seems a bit poor.
(How did you not notice that it’d been smoked in at point of purchase, yet know now to a degree where it’s problematic?)
Well - viewing was by appointment only and we turned up on time just as the valet finished. Smelled all lovely and fresh as we test drove it - did the deal, off we popped, and by the time we got home an hour later it reeked of fags.
Fails or advisories?
Fails, on both.
Legally if they’re a business selling cars then yes it’s perhaps a problem for them to sort. But:
1) Is it an actual bricks and mortar garage where a service would actually include a checklist of things to do/check and that you’re likely to get anything out of or someone’s “side hustle” where they’ve just changed the oil and filter.2) Both would be arguably wear and tare items. They shouldn’t fail in a month, but you’ve got to argue that they were worn out / dangerous when they sold you the car.
If the tyres cracked, I presume it’s old (what’s the date on the sidewall?) and you presumably knew that anyway so replacing it is just one of those expenses and could/should have been a point to haggle on. Disks, sortof the same, to be an MOT fail they have to be visibly dangerously worn/weakened/cracked (they don’t get a micormeter out and compare against the manufacturer guidelines), so caveat emptor again.
Deffo a side hustle kind of place. Disks were badly lipped, and pads had nothing left on them. I guess the compo question is based on why weren't these thing picked up in the service they did?
You bought a car from a dealer with 1 months MOT?
I know, right? 🙁
you can get a smoke bomb type thing which is very good.
Cheers, will have a look - spent £130 on a deep clean and that's made it a load better. It'll go in time, but it's still there now... 🙁
They would probably argue that a service is oil and filter and that tyres/brakes are wear and tear items that don't come under a service.
@pondo, i think they're only about £7, but i've got 2 here you can have FoC
Those aerosol cleaners do work really well, a lot of the smell will be trapped in the AC/heater ducts so no amount of interior cleaning will shift it.
That and get some carpet shampoo and a bucket of water and liberally soak/wash every bit of carpet, trim, seat, lining to get the smell out of them (then park it in the sun with the windows open for a few days to dry out).
What did the MOT history say?
I think really just a contribution towards the cost – if they’ve serviced it (and they stamped the book) and didn’t notice/kept quiet about knackered disks and pads, that seems a bit poor.
Well, you're not going to get that I expect, certainly if you want a different garage to fix it. If you want to keep the car and they told you it was fine when it wasn't then you need to instruct them to sort it out. Devil's Advocate, they don't know if you've taken it to a set of cowboys who have invented faults to line their pockets. You've already removed any evidence of your claim that it's been smoked in.
You have rights under CRA but you need to engage with the trader, you've got buckley's if you go off at a tangent with a third party and then expect them to give you free money.
Does that particular service interval involve anyone looking at discs and pads, or is it an oil change?
What's the reason given for the brake discs failing?
It's near impossible to fail an mot for brake discs, provided the brake efficiency is being met, which if you've not noticed any issues when driving, is unlikely.
Brake discs can no longer fail solely on corrosion, unless it's that bad the disc is likely to structurally fail (that's not the exact wording, but I can't be bothered checking the correct wording)
A stamp in a book for service will likely be just an oil change.
Also a FSH will just be a record of what was carried out and not necessarily what is needed at specific intervals. Same goes for full main dealer history. It's not uncommon for service staff to not know what is needed.
A car like that would have needed 2 brake fluid changes by now (if going by manufacturers recommendations) so check the history to if that's been done. If not then go back to the dealer and ask why.
I'm surprised a car that age is failing on brakes. Either it's been hammered or been sat.
How many miles has it done?
A stamp in a book for service will likely be just an oil change.
I was thinking that too. Service = oil + filter + (if you’re lucky) air filter
Also, it's a bit cheeky if they're claiming "full service history". To me that implies it was done by a professional, which i'd take as the same definition used for the original warranty, that they're a vat registered ltd company who's main business is car maintenance.
I DIY all my own servicing, but I'd not claim "full service history" beyond having a folder of old ECP invoices.
these were the first (two!) warning signs, surely!!viewing was by appointment only and we turned up on time just as the valet finished
"I guess the compo question is based on why weren’t these thing picked up in the service they did?"
I once had my Alfa serviced by the main dealer. The car was about 5 years old. Within the same week the (almost non-existent) pads disintegrated and the brake pistons went into the discs, with the sort of result you'd expect. Total brake failure, a near-crash, and a big bill for new calipers, discs, everything.
In tiny small print on the back of the invoice, it actually stated that they don't check the state of brake pads and discs.
Kwikfit got me all fixed up and said loads of main dealers don't check brakes as part of the standard service.
Are disks and tyres on the service list? Often I'd agree, it only covers maintenance not consumables
I was once told that brakes parts and tyres are maintenance items rather than service items.
Service items done at predetermined intervals, maintenance items done as required.
There is an argument that some maintenance items should be service items.
That was an interesting conversation with a Scottish Water asset planner during a lessons learned session after a screw pump bottom bearing failed taking with it several 100 thousand pounds worth of collateral damage.
They missed the discs/brakes.
They did a service.....did they?
Drained the oil out of the sump, or just sucked it up the dipstick tube? (Leaving any sediment in the sump, and any metal 'bits' on the magnetic sump plug?????
Did they change the oil filter??? (Pop the bonnet and check if you have a clean looking filter casing).
If the seller was a dealer the car comes with a 6 month "warranty" where any issue is said to have existed at the point of sale so the seller is liable.. https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/