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 Posted: Fri Jun 07, 2013 4:13 pm |
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Joined: Jun 07, 2013
Posts: 1
Trade Rating: 0
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Hi, was wondering if anyone could possibly give me some advice. I bought a 55 plate 206 from a dealer exactly a week ago. Today when I started the car it made a loud rumbling noise and was noisy as driven. I suspected an exhaust problem and when I checked the exhaust was hanging down at the back. I thought it would just be a case of pushing it back up but when I looked under the car, the exhaust has snapped in two, Does the dealer have to fix this problem?
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Posted: Fri Jun 07, 2013 4:45 pm |
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Joined: Jul 19, 2011
Posts: 308
Trade Rating: +2
Location: Lincolnshire,Home of the RAF
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Depends if they gave you a warranty,but saying that exhausts are usually not covered
Try going back and asking if they'll do anything
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| Yes I own a CC and I'm neither gay or a hairdresser!! | |
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Posted: Fri Jun 07, 2013 5:06 pm |
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Joined: Feb 07, 2010
Posts: 3935
Trade Rating: +84
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Should have been spotted when looking over the car.  if he is a nice person then yes but otherwise expect the answer to be no,
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Posted: Fri Jun 07, 2013 7:28 pm |
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Joined: May 16, 2011
Posts: 495
Trade Rating: +1
Location: huddersfield
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When buying a second hand car from a dealer, the onus is on them that it must be of satisfactory quality, and the exhaust falling off after 1 week fails that criteria, so you shouldn't have a problem, unless of course its neglect on your part and drive like a lunatic and clobber it on a speed bump say.
A private sale is totally different, as its normally a case of bought as seen.
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| 206 2ltr Hdi glx 53 plate | |
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Posted: Sat Jun 08, 2013 4:10 am |
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Joined: Jan 29, 2011
Posts: 6526
Trade Rating: +10
Location: Westhoughton, Lancashire
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Sticky area with faults like this.
While you have the statutory right The goods are of satisfactory quality. This means that the goods should meet the standard that a reasonable person would regard as satisfactory, taking into account any description, price and any other relevant circumstances that might include -
Appearance and finish
Freedom from minor defect
Safety
Durability
The trader has a come back on this by saying that you inspected the car prior to purchase and the fault should have been spotted at that point, or it is normal wear and tear.
You would expect to pick up a blowing exhaust while looking over a car, especially if it was at the stage where it was about to fall to bits. Maybe there are signs of exhaust bandage or putty where they have tried to cover the fault.
You could go back to the trader and have a polite conversation about the fault. Mention the Sale and Supply of Goods Act 1994 and see if their face changes. Ideally they will agree to replace the exhaust there and then. If not, then you will have to start writing letters and threatening legal action.
Since you will have given them the opportunity to fix the problem, and the car is not roadworthy, you will be entitled to get the exhaust replaced yourself and then make a claim through the small claim courts for the cost. Make sure you keep the old exhaust parts though in case they are required for an expert witness to inspect.
There is always an option of meeting in the middle. For instance offer to pay a percentage of the costs, similar to a betterment deal, although this would be a last resort.
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