Vauxhall Movano - Brake Failure - Whos Liability? - Maceman

I bought this vehicle 10 days ago (14/05/11) from a dealer in Bristol.

Van is 05 plate has done 66450k miles. Priced at £3990. MOT done on May 2nd (no advisory issued)

It was a bit untidy, so the dealer offered to fix and respray the dented sills, repair torn seat and service the vehicle, and sell at £3900 (I paid £500 deposit, then when I went back to pay balance was told I had to pay 3% extra as was using a credit card £106)

I collected the vehicle on 14/05 and when I got it home I realised there was no washer fluid in the bottle at all and that the hazards didn't work (should have been picked up in service?). Dealer agreed to replace hazard switch which he did.

In the last 10 days I have driven approx 1000 miles in the vehicle and then two days ago noticed a grinding sound when braking just before coming to a stop.

I have inspected the discs and pads...front set fine on both sides...rear set (harder to see) but appears there is virtually no pad left and osr discs is heavily scored. This seems to be the cause of the grinding noise as no pad left at all on this side.

Spoke to Dealer at weekend and he said his boss is in Spain but would fix problem and that he would call on Wednesday to arrange. I called back today to try to fix a specific day as I have lots of work this week and next week and need to use the vehicle....

Am now being told that because I paid 90 less than 'screen price' they are not willing to fix. I offered to pay parts and they fit for free, was told they would fit at 'trade price' and have quoted me £220. I can source parts for £109 so do not think this is 'trade price'. Was told it was either that or I could have my money back as they could easily sell the van.

An independent garage tells me he would expect the minimum pad amount for MOT of 1.5mm to last at least 3000-4000 miles and that they would not hesitate to fix a problem like this after just one week.

I have requested the boss call me from Spain as I cannot wait till Wednesday to resolve this. I will not be giving them anymore of my money either. I want to keep the van I just wat it fixed.

Can anyone tell me where I stand on this?

I am prepared to pay some of the costs if necessary, ie I supply parts they fit. If I have to pay full costs I shall go to my trusted mechanic instead.

Any advice much appreciated.

Maceman

Vauxhall Movano - Brake Failure - Whos Liability? - LucyBC

Are you buying this as a consumer - ie private individual - or to do a job of work for a business as potentially different rules apply.

Vauxhall Movano - Brake Failure - Whos Liability? - Maceman

I am self employed so have bought it to do work for my business.

Thanks,

Jon

Vauxhall Movano - Brake Failure - Whos Liability? - Maceman

Also, I'm concerned that the £106 I paid as a 'credit card charge' does not appear on my invoice, which might be problematic with my tax...and...

I think they are a sole trader but owners name is not on paperwork, just initials...

should I worry about this?

tbh I've resigned myself to sorting it myself (always best way) just don't like having the proverbial taken.

Thanks again Lucy.

Jon M

Vauxhall Movano - Brake Failure - Whos Liability? - LucyBC

It's a negotiation job. You have done quite a bit of mileage but knocking £90 off the sticker price should not affact your rights. 50% each of the repair costs is probably reasonable or you supply the parts and they fund the labour.

Vauxhall Movano - Brake Failure - Whos Liability? - Maceman

Thanks Lucy, I have heard nothing back since their refusal to fix, so have booked in today with a trusted garage to repair. Will it be worth trying to claim some of the costs from the dealer or just cut my losses? Can I pursue the credit card company along the same lines?

Vauxhall Movano - Brake Failure - Whos Liability? - LucyBC

Once the problem is fixed you would probably have to sue them if you want them to contribute. You may well win but is it worth the time and trouble given the cost?

Claims for a refund against the card payment for a dispute over a vehicle purchase usually seem to hang around in limboland forever.

Vauxhall Movano - Brake Failure - Whos Liability? - escortman24

the fact that you've been told the minimum brake pad for the MOT would last 3-4x what they have surely you have the argument that they passed the van through an MOT unlawfully especially if the hazard lights and that didnt work as well.