2013 VW Passat 2.0TDi - My rights on a second hand car bought from dealer

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Fri 8 Jun 2018 12:59
2013 VW Passat 2.0TDi - My rights on a second hand car bought from dealer - dakeos

Hello all,

New on to the forums here and just want to get some clarity on my rights in regards to a second hand car we bought a couple days ago.

The car is great so far, the guys at the dealers were a bit hit and miss in terms of customer service and attitude, but I guess thats comes with the territory sometimes.

Anyway, we have had the car a day and the aircon is blowing out hot air. Took it to a garage to get it regased which the dealer confirmed he would cover, but the garage said that wasn't the issue, and that it might be the compressor or something else.

Now I have told the dealer this and he is being very aloof with responding to things to get this sorted. I am hoping he will come through and get it fixed. This is inconvenient as we had to wait 3 days initially as a spring, bearing and top mount needed to be replaced before we could take it.

Anyway, I'm just preparing for worst case here.

If the car was sold with aircon, which isn't working properly, but technically works, just isn't cold, is this then classed as "not as described"?

If he doesn't respond or isn't being proactive about getting it fixed, or doesn't offer to fix it at a cost to him, where do I stand? Would I be able to do the thing where I can demand a full refund within the first 30 days under the Consumer Rights Act or is this particular scenario not entitle me to do that?

Any help would be greatly appreciated as I would like to know exactly what I can respond to him with or where I can take this.

Thanks in advance.

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Fri 8 Jun 2018 13:55
2013 VW Passat 2.0TDi - My rights on a second hand car bought from dealer - craig-pd130

When you buy from a dealer or trader, any faults that develop within 6 months of the purchase are assumed to have been present (or developing) when the car was sold - so the dealer is liable for fixing them.

In this case the dealer has acknowledged there's a problem with the aircon. To take it further, you need to get an accurate diagnosis of the fault, and a written quote for the cost of fixing it, then get the dealer that supplied the car to agree to pay.

If the dealer will not agree to pay, you can get the fix done yourself, pay for it yourself, and then sue the supplying dealer for the cost of the fix via the small claims court. But this is a last resort.

See here for details: www.honestjohn.co.uk/faq/consumer-rights/

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Sat 9 Jun 2018 00:23
2013 VW Passat 2.0TDi - My rights on a second hand car bought from dealer - pd

When you buy from a dealer or trader, any faults that develop within 6 months of the purchase are assumed to have been present (or developing) when the car was sold - so the dealer is liable for fixing them.

Incorrect. The dealer is only liable if it is something which a "reasonable person" would think the failure is out of the norm for whatever it is you've purchased. That is clearly not all "faults" on a used car.

In this case is it reasonable that a 5 year old car might have duff aircon? Probably depends on what is causing it or how many miles but you'd probably get different answers from different people. On the whole though I think most would expect a 5 year old car of moderate mileage you have paid the going retail rate for to work.

If it's done 130k miles, you paid £300 over book trade or it was 12 years old you wouldn't have a hope in hell.

So, you probably have a good case, but no one can tell you for sure whatever they might imply.

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Fri 8 Jun 2018 14:00
2013 VW Passat 2.0TDi - My rights on a second hand car bought from dealer - RobJP

5 year old car, yes, it is entirely reasonable to expect the aircon to be in good working order.

If it was a 10-15 year old car, then that would be a different matter.

The real problems arise if the dealer refuses to fix the fault, you reject under CRA, but the dealer then refuses your rejection.

But cross that bridge if or when you come to it.

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Fri 8 Jun 2018 15:30
2013 VW Passat 2.0TDi - My rights on a second hand car bought from dealer - dakeos

OK thank you for your replies and comments.

Good to know where I stand in case things go south, thank you so much.

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