What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Suzuki Swift - Bought used car, having issues and need advice! - Tidus Ford

Hi all, apologies if this isn't the right sub forum.

I'll try to keep this brief but I could do with some advice after purchasing a used car.

Bought the car just under 2 weeks ago (Suzuki Swift 07 plate 98k millage, diesel). Put the deposit down and the dealer put it through an MOT.
Dangerous defects - Brake pads less than 1.5mm, Handbrake eff' less than 50%
Major Defects - Both front suspension arm pins/bushes worn, parking break inoperative on nearside and offside rear.

Work was done by the garage who MOT'd initially and then passed it once to the standard.

I'm a new driver, first car so my experience is limited but it seemed to drive just fine. Handbrake was a little high for my liking but it'd just been worked on so I wasn't going to question the work of a qualified mechanic.

I took it to our family mechanic who services all our family cars for a service a few days later. He wasn't able to change the oil because the cap was screwed on so tight getting it to loosen may damage the plastic housing. He also asked if he could have it back in a weeks time after his holiday because he wasn't sure the handbrake was actually safe and the suspension felt 'off'. He also remarked it looked like it may have been in an accident at some point (I checked the plate nothing reported to insurance companies but...).

I park up a few days later, apply the handbrake so I can reach something out the passenger footwell. Take my foot off the break and the car rolls into a parked van (I've spoken with the driver we're square and have exchanged details, I think he took sympathy on me, as there was no damage we agreed no harm no fowl).

I contacted the dealer to explain the handbrake wasn't holding correctly and he gave me the usual, it's just been adjusted, some sit higher than others millarky. I got him to agree to take the car back (after mentioning I was advised to get a refund) and have it checked again by the garage. I was meant to take the car there today but hadn't heard from him so contacted him to be told he had an appointment with his son at the hospital and could we do it tomorrow instead. I agreed.

I went to collect my friend this evening and stalled on a hill (whoops! haha). Foot brake went on, handbrake went up so I could do a hill start. Expect the handbrake isn't holding the car at all. I pulled the handbrake as high as I could and it rolled regardless (friend took a video out of disbelief).

After this, I have absolutely no faith in the dealer or the garage he will no doubt be using again and I want to reject the car.

Is this is sufficient enough a reason? I'm sure this fits under not fit for purpose or as described?

What do you all think, appreciate your help in the matter.

Thanks,

Tidus

Suzuki Swift - Bought used car, having issues and need advice! - Andrew-T

Sounds like either the repair work hasn't been done at all, or the mechanic assumed what the problem was, did something, but didn't check the results. As it stands the car would still fail an MoT, so some work needs doing before it can be driven. The fault seems to be with the workers, not necessarily the car - brake faults like yours are not usually hard to fix. Give the seller another chance to repair before you ask for your money back.

The car is not in the first flush of youth, but it still has to be roadworthy.

Suzuki Swift - Bought used car, having issues and need advice! - SLO76
Someone hasn’t adjusted the handbrake correctly which is likely an easy fix but they are duty bound to do this as the car has to be road worthy. However despite not being a major problem and the Swift being a great little car in most cases I would strongly advise trying to see if they’ll let you return the car for a refund here. The Fiat Diesel engine in this particular model is rather notorious for costly problems and is nowhere near as robust as the simple petrol models which is what you need to stick to for reliability at this sort of money. In fact I’m amazed that it’s still running at all as most cars fitted with this engine are long done before their tenth birthday. Never buy a cheap diesel, it’s almost guaranteed to be a total false economy.
Suzuki Swift - Bought used car, having issues and need advice! - nellyjak

I'd be going for a return and refund.

The worst element of your choice is that you went for diesel....the Swift is actually quite a good little car but a petrol model would have been a far better choice.

Hope you can get a good outcome.

Suzuki Swift - Bought used car, having issues and need advice! - Andrew-T

I'd be going for a return and refund. The worst element of your choice is that you went for diesel....the Swift is actually quite a good little car but a petrol model would have been a far better choice.

Agree with all that. The trouble may be rejecting the car because 'I should have chosen a petrol engine'. The seller might not see that as a valid reason, his job is to make the car roadworthy, which it clearly isn't.

Suzuki Swift - Bought used car, having issues and need advice! - pd

I don't think a dodgy handbrake is good enough reason to be able to reject/return an 11 year old car. Sorry.

That doesn't mean you might not be able to negotiate a return but legally I don't think it is anywhere near enough.

Suzuki Swift - Bought used car, having issues and need advice! - daveyK_UK
Give him a chance to repair it and tell him you have taken video evidence of the cars failings and have had the car looked at by an independent mechanic who’s willing to go on record regarding the cars Status.
You never know, they may realise your not messing around and complete the repairs.

Suzuki Swift - Bought used car, having issues and need advice! - Galaxy

Tell them that the car should have never passed the newly-issued MOT with the parking brake in the condition that it's in and, if they don't deal with the matter in a satisfactory way, you are going to make a complaint to the DVSA (formerly VOSA) about the vehicle passing an MOT test when it shouldn't have done.

That should help to focus the dealers thoughts on putting things right!

Suzuki Swift - Bought used car, having issues and need advice! - TheGentlemanThug

Sounds like you've been more than reasonable and the dealer is giving you the run-around (no pun intended). If I were you, I'd reject the car. Threaten legal action if you need to and pay a solicitor to pen them a letter detailing your grievances. You'll probably find that the dealer will take things far more seriously after that.

Suzuki Swift - Bought used car, having issues and need advice! - Andrew-T

If I were you, I'd reject the car.

You can't reasonably reject the car unless the seller refuses to make it roadworthy. It's quite a few years old, and not worth a lot, so I doubt that any legal pressure would be applied. Unless the car is not roadworthy, of course.

Suzuki Swift - Bought used car, having issues and need advice! - TheGentlemanThug

It's my understanding that a fault which develops within the first six months is assumed to have been present at the time of purchase. Furthermore, the dealer has to be given one chance to correct the fault, otherwise the customer is entitled to reject the car.

Like I say, that's my understanding, but I'm happy to be proven wrong.

Suzuki Swift - Bought used car, having issues and need advice! - Andrew-T

It's my understanding that a fault which develops within the first six months is assumed to have been present at the time of purchase. Furthermore, the dealer has to be given one chance to correct the fault, otherwise the customer is entitled to reject the car.

No doubt you are technically correct. But pragmatically, the car is of an age where no-one can expect it to be perfect, and its value makes it hardly worth while involving legal pressure. Therefore the proper approach is to demand that it be made roadworthy. When/if that does not happen, consider rejection and what that might entail.

If the fault is as surmised here, the simplest/cheapest option may be to have the repair done somewhere else, by a mechanic you may be inclined to trust more. That may be what the seller is hoping for, which will go against the grain. The bullet may have to be bitten.

Suzuki Swift - Bought used car, having issues and need advice! - Avant

It's a mechanical handbrake: surely either it needs a simple adjustment or at worst a new cable. Just let the dealer fix it.

Suzuki Swift - Bought used car, having issues and need advice! - Halmerend
The handbrake mechanism on the swift is quite high but it should still hold.