Bought a car with major defect,what are my rights? - Spurano
I bought a second hand golf from an independant car dealer just over 6 months ago. Turns out the driver's sill is cracked from front to back. I found this out just a few days after the 6 months from purchase (sale of goods act). The dealer offered to repair the car at trade price. I am picking the car up today. Can I ask him to pay for half of the repair bill or......any other ideas???

Thanks!!!

Made vehicle non-specific

Edited by Pugugly on 11/12/2008 at 20:15

Bought a car with major defect,what are my rights? - ablandy
its not 6 months really, its more a reasonable amount of time and if the car reasonably had the fault before you bought it.

I would have thought the time to negotiate this was BEFORE you let him have your car to repair. You can ask him but you have no real leverage if he says no - you wont get your car back until you pay in full.

So, ask but dont be suprised when he tells you to take a high jump - the car market isnt exactly buoyant at the moment!
Bought a car with major defect,what are my rights? - Stuartli
IIRC, unless a superior warranty is acquired on purchase, the standard parts and labour warranty is three months on used cars.

I'm a bit dubious about your Sales of Goods Act comment...:-)

Edited by Stuartli on 11/12/2008 at 10:37

Bought a car with major defect,what are my rights? - Mapmaker
How old is the car, and what did you pay for it.


Bought a car with major defect,what are my rights? - Altea Ego
A cracked drivers sill from front to back? that's very weird and surely can only be from accident damage either not repaired or badly repaired?



Bought a car with major defect,what are my rights? - Spurano
Think it must be accident damage. I was worried that the water will get in at this time of year, freeze and make things even worse. I paid £4300 and it's Dec 2002 registered. As far as I'm aware, the Sale of Goods act applies to second hand cars with defects up to 6 months from purchase. I think you can ask for your money back or return the car.....that's what the Autotrader website says anyway. Unfortunately I've just missed this 6 month deadline!
Bought a car with major defect,what are my rights? - NowWheels
paid £4300 and it's Dec 2002 registered.


Ouch. You paid a lot for a 5 1/2 year-old car.
Bought a car with major defect,what are my rights? - Spurano
Diesel estate, 60000 miles. I checked around and that's normal for a golf.
Bought a car with major defect,what are my rights? - Altea Ego
> Think it must be accident damage.


I would be thinking of investing in an inspection when you get it back. it could be a bodged accident job, even a write off. Did you get it HPI checked at purchase?



Bought a car with major defect,what are my rights? - Spurano
I paid for a vehicle check through the one linked to the Autotrader Website (not sure what it was called) and it came up clear. Must have be repaired without putting it through an insurance claim.
Bought a car with major defect,what are my rights? - martint123
Must have be repaired without putting it through an insurance claim.

Not at all. If the insurance company has paid to have it repaired then it will not appear on teh HPI register (even if it was a total wreck).

It only appears if the insurance company writes it off and someone subsequently repairs it.

Bought a car with major defect,what are my rights? - jbif
.. unless a superior warranty is acquired on purchase, the standard parts and labour warranty is three months on used cars.


Under SOGA, No such thing as a standard warranty, 3 months or anything else. "Warranty" is something you choose to buy, not buy, or maybe given to you in addition to your statutory rights.

Under SOGA, you have statutory rights which mean that under certain circumstances if the goods are found to be faulty within first 6 months, the seller has to prove that the fault did not exist at time of sale. After 6 months, the consumer has to prove the fault existed at time of sale. In other words, 6 months is the time limit for shifting the burden of proof.
Ouch. You paid a lot for a 5 1/2 year-old car.

Rub it in, Nowwheels.


Edited by jbif on 11/12/2008 at 11:04

Bought a car with major defect,what are my rights? - NowWheels
>> Ouch. You paid a lot for a 5 1/2 year-old car.
Rub it in Nowwheels.


I wasn't intending to do that, though I can see that's how it reads. Sorry :(

What I was thinking, and should have said explicitly, was that at that sort of high price one expects a vehicle which has been assessed by the dealer a bit better than this one was.
Bought a car with major defect,what are my rights? - oldnotbold
"that at that sort of high price one expects a vehicle which has been assessed by the dealer a bit better than this one was"

And it's also fair to expect that if there is a fault, the margin he should have made enables him to stand behind it.
Bought a car with major defect,what are my rights? - jbif
And it's also fair to expect that if there is a fault, the margin he should have made enables him to stand behind it.


At one time, IIRC, HJ's faq used to have the name of a Solicitor who offered to take up test cases. Current faq has some links to specialist Solicitors, and is here:
www.honestjohn.co.uk/faq/faq.htm?id=43

p.s. HJ's links to DTI are out of date, but will redirect to BERR.


Edited by jbif on 11/12/2008 at 11:44

Bought a car with major defect,what are my rights? - nortones2
Agree with AE. OP might be sensible to check what caused the fault, whether there are others (if the car was damaged in an accident) and get advice whether the current repair is itself adequate, in terms of the car structure and road worthiness. Are further repairs necessary? Did it have an MOT, BTW? If so, was this issued before or after the damage occurred, assuming it was a mechanical cause rather than corrosion. Which could also be relevant.

As already stated HJs FAQ sets out the main remedies under SOGA.

Bought a car with major defect,what are my rights? - Stuartli
Put it another way - virtually every used car dealer I've visited over a wide area over the years on behalf of family and friends has offered a minimum of three months/3000 miles parts and labour guarantee with a vehicle.
Bought a car with major defect,what are my rights? - nortones2
How does the existence of a warranty affect the statutory protection given? For a car bought from a trader, the SOGA applies whether or not a warranty is given, or even if its without one. Am I missing something?
Bought a car with major defect,what are my rights? - jbif
has offered a minimum of three months/3000 miles parts and labour guarantee with a vehicle

In reply to Stuartli - see nortones2's reply.

For a car bought from a trader, the SOGA applies whether or not a warranty is given, or even if its without one. Am I missing something?

Nortones2 - you are correct and you NOT missing anything.
A lot of people get conned in to thinking that they are getting a guarantee or warranty when in fact what is usually being offered/given by the trader is less than their statutory rights. Hence the magic words "does not affect your statutory rights".
whatconsumer.co.uk/what-are-my-statutory-rights/
You often see signs in shops at the counter which say ?this does not affect your statutory rights?. But what does this mean?

Edited by jbif on 11/12/2008 at 15:37

Bought a car with major defect,what are my rights? - colino
Could the OP clarify what the repair actually is/was? If its a welded up sill, where the sill has been welded front to back, very unusual for a relatively modern car and more digging into the cars history is required. If its a plastic sill cover that has become unbonded, a superficial item, though you might want to find out why that side is off but not the other one.
Bought a car with major defect,what are my rights? - ifithelps
paid £4300 and it's Dec 2002 registered.


Ouch. You paid a lot for a 5 1/2 year-old car.


Not so sure.

Like many owners, if I see a car similar to mine for sale I tend to make a mental note of the asking price.

Focus hatchback 52 plate at a Ford main dealer for £3995 last weekend.

Now, we all know a Golf is 10 times more reliable and 20 times more valuable than a Focus, don't we?

And the OP paid £4,300 for his Golf six months ago, when the same Focus would probably have been on offer at a higher price.

Sticker prices are not selling prices, but I don't think the OP paid a lot, he might have paid main dealer prices to an independent, but no more than that.


Bought a car with major defect,what are my rights? - pd
If there is something odd about the price it is not that it is too high - it is too low. 6 months a go a 2002/52 60k Golf 1.9 TDI SE Estate booked CAP Clean at 4750. It is still about 3700 today.

Golfs hold their money, particularly 1.9 TDI's and they actually fetch book prices in the trade too.

So it was £450 below trade which is the bit which sends alarms ringing..........

Bought a car with major defect,what are my rights? - NowWheels
Golfs hold their money particularly 1.9 TDI's and they actually fetch book prices in the
trade too.


I know. I'm just bewildered that so many people seem to ignore the evidence on quality, and seem happy to pay such a premium for such average cars.
Bought a car with major defect,what are my rights? - Rattle
HJ and so many other sources say the Focus is a more reliable car, and judging by customers comments I believe that too.
Bought a car with major defect,what are my rights? - David Horn
Yes, but does the Focus glow a comforting blue inside at night? No. The vast majority of people, me included, are easily sold on blue LEDs.
Bought a car with major defect,what are my rights? - Pugugly
Wasn't there a tale posted here about that David ?
Bought a car with major defect,what are my rights? - pd
Regardless of what HJ may say the market wants a Golf not a Focus.

A Mk IV Golf TDI 130 with just about any mileage and any age will still fetch proper money and have a queue round the corner all day long even in the current market.

2003 examples with 80k+ are still going over £4k at auction let alone retail.
Bought a car with major defect,what are my rights? - nortones2
jbif. Thanks for confirming I wasn't off-base:) BTW, The dreadful complexity of the law on consumers "remedies" is being examined, and the Law Commission has recently issued a consultation paper. Summary here: tinyurl.com/64ofo2

Looks like the OP is happy with the outcome. Saves a lot of hassle if they can agree on a remedy.
Bought a car with major defect,what are my rights? - L'escargot
I have great difficulty believing, bearing in mind how ductile sheet steel is, that part of a car body can crack as you describe. Is the part possibly merely a decorative plastic cover as per the early Mk I Focus?

Edited by L'escargot on 12/12/2008 at 06:54

Bought a car with major defect,what are my rights? - Simon
I think more information is needed on this topic as to the exact nature of the problem, at the minute everyone is working on guesswork.
Bought a car with major defect,what are my rights? - Spurano
Okay everyone, end of topic. Got the car back yesterday. I discussed the matter with the dealer. The bill was £289, and I paid £100. The dealer paid the rest. I'm happy. Thanks for all of your thoughts and suggestions.
Bought a car with major defect,what are my rights? - M.M
Spurano.

You may never read this but what you have described as a huge split in the sill would concern me as to why it happened and I would be looking at other aspects of the car *very* carefully.

Once had the in-laws buy a £6k used car from a main dealers and on their first visit here I uncovered the pillar between front and rear doors plus pretty well the whole length of the sill were cut from another car and crudely tack welded in.... all covered by trim unless you knew what to look for.


David