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Serious problem with used Renault
I bought a 2001 Renault Megane Scenic 1.4 from a dealer on 19th April 2011. I paid £1,550 plus traded in my old car which he scrapped and gave me a £50 discount for.
When I looked at it it had new tyres and commented on this to which the dealer agreed. I also mentioned a slight squeak/whining/grinding noise in the engine, which he promised to fix before delivering it to me. He also spun me a story about the car coming from an old customer of his. However I have looked closely at the documents and it comes from a different part of the country (he said owner was local) and it seems he has had the car since 2009.
He delivered the car the next day (20th April) and I paid cash. He again commented on the tyres being new – this time to my husband. I drove it that afternoon and noticed that the tyres were now extremely worn (I would say a couple of them are pretty much unroadworthy, the noise is STILL coming from the engine and another repair he said he would do is not done.
I believe the problem with the noise is a gearbox problem. The tyres I believe he swapped over. The car came with 12 months MOT and there is not even an advisory note about the tyres (which are close to the legal limits).
The next day (21st April) I phoned him to say the car still has problems and I want my money back because he had not fixed the problem. He got instantly funny and said I cannot just return a car. He offered to repair one problem (he believes the problem with engine is a clutch bearing) but not to replace the tyres or to resell the car on my behalf! I was not happy with this, I am now without a car and very worried that I won't get my money back.
Can I take him to the small claims? Where do I stand under the Sale of Goods Act 1979? Is it worth taking him to small claims or should I just settle for a repair? the problem is I doubt he will want to repair a gearbox and then I am left with a car with a dodgy gearbox.
I am a mother of one with a family to support and life is very difficult without a car ( I only drove it for 100 miles) and stopped using it as soon as I rejected it. He was trying to get me to keep driving it!
I believe the car could also have been in an accident because he said it had had a new drive shaft and looking at the documents there is a 'grey' area between 2009 to 2010 where there is no paperwork. It also veers dramatically to the right when you drive in a straight line.
When I looked at it it had new tyres and commented on this to which the dealer agreed. I also mentioned a slight squeak/whining/grinding noise in the engine, which he promised to fix before delivering it to me. He also spun me a story about the car coming from an old customer of his. However I have looked closely at the documents and it comes from a different part of the country (he said owner was local) and it seems he has had the car since 2009.
He delivered the car the next day (20th April) and I paid cash. He again commented on the tyres being new – this time to my husband. I drove it that afternoon and noticed that the tyres were now extremely worn (I would say a couple of them are pretty much unroadworthy, the noise is STILL coming from the engine and another repair he said he would do is not done.
I believe the problem with the noise is a gearbox problem. The tyres I believe he swapped over. The car came with 12 months MOT and there is not even an advisory note about the tyres (which are close to the legal limits).
The next day (21st April) I phoned him to say the car still has problems and I want my money back because he had not fixed the problem. He got instantly funny and said I cannot just return a car. He offered to repair one problem (he believes the problem with engine is a clutch bearing) but not to replace the tyres or to resell the car on my behalf! I was not happy with this, I am now without a car and very worried that I won't get my money back.
Can I take him to the small claims? Where do I stand under the Sale of Goods Act 1979? Is it worth taking him to small claims or should I just settle for a repair? the problem is I doubt he will want to repair a gearbox and then I am left with a car with a dodgy gearbox.
I am a mother of one with a family to support and life is very difficult without a car ( I only drove it for 100 miles) and stopped using it as soon as I rejected it. He was trying to get me to keep driving it!
I believe the car could also have been in an accident because he said it had had a new drive shaft and looking at the documents there is a 'grey' area between 2009 to 2010 where there is no paperwork. It also veers dramatically to the right when you drive in a straight line.
Asked on 6 May 2011 by jazz0
Answered by
Honest John
It's a cheap car and not necessarily bound by the various bits of consumer legislation and case law, so it depends on the small claims judge. Remember your case could take 6 months to come to court. Law here: www.honestjohn.co.uk/faq/consumer-rights/
Our honest used car pricing is a little bit different to all the others. You can get to our values through make or model - you don’t have to follow a prescribed route. Plus, it’s live, which means we can react to changes in the market quicker than any printed price guide.
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