I bought a car from a small 'prestige' outlet three weeks ago and have been faced with purchasing new front disks and pads together with 2 front parking sensors - which were faulty when I purchased it - but I didn't notice!
The car had just been serviced by a main dealer - so the sensor fault codes would have been present then and the appalling state of the disk and pads would have been noticed too.
In fact, the front disks were so bad the MOT station (run by a friend of mine) said they'd have to fail the car unless I had them replaced. When shown to me (I saw them take them off) it soon became apparent just how worn they were.
This little lot has cost me just under £500 in the past 3 weeks, have I got any chance or reason to expect anything from the dealer - or is it my look out that I didn't spot these things at the time?
Thanks in advance!
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The short answer is no, it's not your fault you didn't spot them, no reason in law why you should have done. Unfortunately you have put yourself in a more difficult position in terms of recouping your money by getting the problems fixed by a third party - you'd have been better to leave the problems and given the original dealer the chance to fix them. However, this doesn't alter the fact you were sold an unroadworthy vehicle.
All is probably not lost however. You could try going to the dealer pointing out the issues. Invite the dealer to contact the garage that did the work for them to confirm that the vehicle was not roadworthy as sold. If the supplying dealer won't cough up, try threatening them with trading standards. Last resort is to take them to the small claims court, where given a written statement from the fixing dealer will almost certainly result in a decision in your favour. The threat of the small claims court might be enough to get them to reimburse you.
All this is, of course, only my opinion. You do appear to have a strong case given that the faults made the vehicle unroadworthy, and I'm sure trading standards would be pleased to hear about it.
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How old is the car?
You should have challenged the supplying garage and asked them to fix the car when you found the problems. Having done this the garage would have put on the new disks/pads etc
If the supplier was failing to do this you could have then got the job done elsewhere, got a receipt, kept the faulty parts and then sued the garage in a small claims court for the cost of repair and any "out of pocket expenses".
Not giving the supplier the chance to rectify the faults probably means you will have forfeited at least part (or all) of the expenditure.
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Hang on.. You bought a car without a recent MoT, despite one being needed within three weeks? The garage you bought it from has clearly sold you an unroadworthy car, but surely you should accept that you should have asked them to MoT it for you?
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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In fairness, they did offer to MOT it for me, but I declined as I was so far from home and wanted to drive car back there and then.
Naive and impetulant I know, but I've been called worse!
At this point I should probably add that my part-ex also (ironically) needed front disks and pads, but I got top book for anyway.
That said, I'm sure it will be sold on for a good deal more than he gave me for it, but that's life and his living. Fair enough.
Thanks for all the very rapid replies by the way!
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Thanks Guys.
Trouble with going back to the dealer is that they're a fair way from where I live, just under 100 miles!
This was a compromise when I bought the car as was beign extremely choosy about what I wanted - it had to be exactly right and this one was.
Apart from the worn disks and pads!
The car is a 2003 530d sport btw.
Thanks again!
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Yes, in an ideal world CWE should have taken the car back to the supplying dealer to rectify the faults.
But ... consider the position he found himself in. He is a long, long way from them in a car that has been deemed unroadworthy by an MOT tester in respect of an important safety feature. He checked the pads himself and confirmed the diagnosis. Personally, I wouldn't want to drive it back, and a trailer is hardly proportionate to the amount claimed.
I'd write to the dealer (recorded delivery) enclosing the invoice and a written report from the garage that did the work, and ask them to reimburse. Give them a 14 day time limit for a response. No response ... straight to the small claims court and, if you have to, explain why you didn't take it back.
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might be a silly question but we have telephones up here in the north why didnt original poster ring supplying garage with the details of what was wrong and see what they had to say?,
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Fair point, but I thought I'd seek this proven knowledge base first, so that if I did have a case then it would be a stronger one!
I'm not sure that's quite that right way of saying it, but the ads are on in the England game, so speed typing is everything!
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Succinctly put, my view entirely.
I wasn't thinking of asking the full amount, perhaps half the cost of the MOT invoice, however I may review that in light of your post!
Many thanks.
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