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vauxhall corsa 52 reg - second hand car issues - Rich GC

In May 2014 I bought my son a Vauxhall corsa 52 reg from car dealer. The guy assured me that the car was in great condition and he would put his own kid in it. So 3 months in to owning the car my borrows the car, the steering is not right, she took it a garage the tyres needed changing as they were down to cord, cv joints gone, bearings completely shot total cost of repair 621.00 Then November the head gasket goes, plus other bits and bobs another 600.00 bill. Plus car has no heat only to find out previous owner filled the rad with rad weald. So car now stands me in £2.200 This morning, son says oil light staying on, diagnostic oil pump gone. Where do I stand with this dealer? Who wont take my calls 7 months in and already the cost is mounting up. Do I have legal case or will just be the cars old, wear and tear

vauxhall corsa 52 reg - second hand car issues - skidpan

Even on a good day the SOGA would only cover you 6 months, you bought the car 7 months ago so no hope there. Add to that you have to expect wear and tear on old cars and you have no hope at all.

But why on earth did the tyres get that bad. Even a total muppet can visually check them on a regular basis something your son should have been taught to do. And you cannot fill the radiator with rad weld. You add it to the cooling system and it circulates and mixes. I would suggest you visit a different garage.

The seller might not have sold you a perfect car but the combination of your poor regular checks and a garage that is clearly having a laugh at your expense are costing you dear.

But this is a duplicate post. Why have you posted twice. Suggest you get one deleted.

vauxhall corsa 52 reg - second hand car issues - FP

Sorry to hear of your woes.

You and your son have been very naive. "The guy assured me that the car was in great condition and he would put his own kid in it." For goodness' sake - this is a car dealer speaking!

Did you not check the car yourself? Three months after buying it, someone (your wife? - word omitted in your post) realises there is a major problem. It's unlikely there was no evidence of this earlier. And, as for the tyres being "down to cord", that doesn't happen overnight, unless your son has been absolutely caning it.

No heater - was this not tested earlier?

Your problem is that it's now seven months since you bought it. Consequently you're going to find it hard to establish the problems were there when you bought it.

The Sale of Goods Act is somewhat vague when it comes to determining what you should expect from the car: it will depend on its age and mileage. Similarly, SOGA is vague about the time period during which you can expect the seller to repair the car or refund you. SOGA says the car must be as described, though I think "in great condition" is so vague as to be meaningless.

Don't let me stop you trying to get redress, but I think you'll find it hard.

vauxhall corsa 52 reg - second hand car issues - RobJP

Agreed. It's a 12 year old car, which is known as 'banger territory'. SOGA does NOT provide automatic cover for 6 months, it states that good should last a 'reasonable time', bearing in mind the age of the goods, and the price paid. It then gives an EXAMPLE of 6 months.At 7 months old, you've got no rights at all against the seller.

Teach your son to do some regular preventative maintenance - to check his tyres for tread depth and pressure. The tyres being down to cord are most likely down to him, and him either driving it with low tyre pressure, or ragging it round corners. Probably the same for the CV joints.

Cars need maintenance. Old cars need more maintenance.

No maintenance = things breaking, with even greater cost.

vauxhall corsa 52 reg - second hand car issues - pd

On a car of this age you'd find it hard to claim anything after a month or so.

Even were it the case that you could, the time to claim was when the problems occurred. In such circumstances the first point of call is the seller.

You wouldn't buy a laptop from Apple which goes wrong after 3 months, get a 3rd party to fix it and then expect to be able to suddenly claim something from Apple 7 months later.

Not a hope in my opinion of claiming anything.

vauxhall corsa 52 reg - second hand car issues - Doc

Agreed. It's a 12 year old car, which is known as 'banger territory'. SOGA does NOT provide automatic cover for 6 months, it states that good should last a 'reasonable time', bearing in mind the age of the goods, and the price paid. It then gives an EXAMPLE of 6 months.At 7 months old, you've got no rights at all against the seller.


Not quite true.

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.

Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.

So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.

To do this you may need an expert's report from an engineer or a mechanic.

Get advice from Trading Standards or Citizens Advice:
0345 404 0506

vauxhall corsa 52 reg - second hand car issues - RobJP

Agreed. It's a 12 year old car, which is known as 'banger territory'. SOGA does NOT provide automatic cover for 6 months, it states that good should last a 'reasonable time', bearing in mind the age of the goods, and the price paid. It then gives an EXAMPLE of 6 months.At 7 months old, you've got no rights at all against the seller.


Not quite true.

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.

Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.

So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.

To do this you may need an expert's report from an engineer or a mechanic.

Get advice from Trading Standards or Citizens Advice:
0345 404 0506

From Citizens Advice : www.adviceguide.org.uk/england/consumer_e/consumer...m

Last for a reasonable length of time in a reasonable condition

The Sale of Goods Act 1979 doesn't say exactly how long goods should last. The general rule is that goods should last for a reasonable time and in reasonable condition. For example, a new car should last for several years in a reasonable condition but you may need to replace some of its parts over time.

If goods don't last as long as they should, they probably weren't of satisfactory quality when you bought them. For example, if the sole on a shoe comes away after a few weeks of normal wear, this suggests that it was never of satisfactory quality.

-----------------------

Please see my highlight in bold. Six months is never mentioned.

vauxhall corsa 52 reg - second hand car issues - pd

How long a used car should last is how long is a bit of string.

Obviously with things like tyres, brakes etc. they will always be part worn. If the tyres have 2mm on them and the pads 1mm then obiously they will need replacing soon. That isn't a "fault" it is just part and parcel of a worn device. It is up to the buyer to look at the tyres or ask at point of sale if they're worried about such things.

I always look at cheap cars this way: A one-way no restriction 1st class ticket from London to Edinburgh costs £311 and is about 400 miles. Therefore, if a £650 car lasts 800 miles you're already ahead of the game....

As a general guide, in practice, it is very difficult to claim anything on a car below £2k after the first few days and then only on a major fault.

vauxhall corsa 52 reg - second hand car issues - Doc

Last for a reasonable length of time in a reasonable condition

The Sale of Goods Act 1979 doesn't say exactly how long goods should last. The general rule is that goods should last for a reasonable time and in reasonable condition. For example, a new car should last for several years in a reasonable condition but you may need to replace some of its parts over time.

If goods don't last as long as they should, they probably weren't of satisfactory quality when you bought them. For example, if the sole on a shoe comes away after a few weeks of normal wear, this suggests that it was never of satisfactory quality.

-----------------------

Please see my highlight in bold. Six months is never mentioned.

Yes it is!

(My bold)

From the same site:

The responsibility is normally on you rather than the dealer to prove that a car is faulty in some way. However, the responsibility is on the dealer to prove that the car was of satisfactory quality when you bought it, if you discover the fault within the first six months and you are asking for:

  • a repair or
  • a replacement or
  • a full or partial refund where a repair or replacement isn't possible, would cause significant inconvenience to you as the buyer or would cost a disproportionate amount to the dealer.

Where the dealer is responsible for proving the car is of a satisfactory quality, they have to prove the fault wasn’t present using evidence such as an independent report into the car’s condition.

You discover the fault after the first six months

If you discover the fault after the first six months, you should contact the dealer you bought the car from, to give them the opportunity to inspect the car and where possible put the problem right. The responsibility is on you after six months to prove the car was faulty when sold, so you may have to provide evidence to support your claim.

You can do this by getting a report from another garage. However there may be a cost,so always check first. You can then provide the dealer with a written report of the other garage's findings. If it supports your claim, you will be in a stronger position.

You will need to get a second opinion before you get the work done at another garage if you want to claim the costs back from the dealer.

You may also be able to claim compensation for any other loss you've had as a result of the fault,

If the garage refuses to put things right

If the garage refuses to put things right, check whether they belong to a trade association with a code of practice setting out standards of service they must follow. You can use this to show the garage that they must put the problem right.

If negotiations fail, you could consider using an alternative dispute resolution scheme. Check to see if the trade association has such a scheme.

Next steps

Citizens Advice