Consumer protection act

jasst

Member
Messages
2,313
On 21/09/2019 my other half purchased a 2008 Nissan x-trail from a dealer in Cardiff, it was cheap because high mileage, but all she could afford.
On way home airbag warning light came on, probably because i adjusted the seat, next day had a puncture, and because tyres were near limit new they wouldnt repair, so bought 2 new tyres, noticed when they were changing them that handbrake was only working on one wheel. Thought , ok I can sort those as expected to have to do some things because of age, and the cost of taking it back to Cardiff from Dorset would probably cost more in the long run.
She has always complained that thee was an occasional knocking noise, but I could not hear it whenever I drove it, however this has got worse, so last week i managed to find time to have a look and found one of the front sub frame bushes had gone, this set alarm bells ringing as the MOT history stated it failed in July due to front sub frame bush (amongst other things) and then passed two weeks later, dodgy Mot me thinks?, anyway, as I haven't the time to do it she put it into local garage to have bush done on Monday. When we picked car up they showed us what was left of the lower radiator support crossmember that had fallen off due to rust, and was lying on the plastic engine under tray!!!. They also said that a rear wheel bearing had gone, so we asked them to do that, and have a look at the handbrake while they were in that area, Had a phone call from a distressed OH yesterday to say garage had found loads wrong with rear suspension, mainly corrosion, that was so bad they did not think it would pass another MOT, and were amazed that it had passed one in july.
I rang the dealer yesterday, and his first reaction was that he only guarantees cars for thirty days, so i spouted the consumer protection act at him, and he changed his tune, He wonders if it had a 'dodgy mot' as well, he want s us to take the car back for him to look at, and he said he may put it through an mot to see what it comes up with. My question for the learned forum is:- do we have to accept if he wants to repair it, or can we just say she wants her money back, end of, which she does as she has no confidence in it now.
Sorry for the long preamble, and would appreciate learned members thoughts.
 

Lozzer

Member
Messages
2,280
That sounds horrible, I would be wanting my money back. If when the dealer puts it through an MOT, hopefully he will hold his hands up.
 

Oneball

Member
Messages
11,071
Give the dealer a chance to sort to your satisfaction. Not only is it the easiest option, I’ve never actually come across a dodgy dealer. It’s always private sellers that are dishonest, chances are he’s got screwed by one.
 

lifes2short

Member
Messages
5,821
wholly depends how bad the rust is and whether you can trust the dealer to have things repaired to a professional standard and/or not simply bodged to get through one MOT, from you've said I would be inclined to ask for a full refund although I do understand that you need give a dealer a chance to fix issues first, if you do allow to fix issues just tell them that you will get an independent garage to check works after and that might just push them to agree a refund and go your separate ways
 
Messages
1,117
You will have to give him an opportunity to put it right. State that you will put the car through an inspection with the Nissan Main Dealer to ensure it gets a green light.
 

RobinL

Member
Messages
456
You will have to give him an opportunity to put it right. State that you will put the car through an inspection with the Nissan Main Dealer to ensure it gets a green light.
The law protects consumers but it isn't there to crucify dealers (even when it would seem appropriate). As you have already invested time and money in the car even getting your money back is a losing position.
As the cost of repairs (I assume) wasn't agreed and authorised by the dealer then these are probably impossible to claim back.
Let the dealer propose a solution to give you the car you expected in the first place. He may just opt to refund in any case.

Sent from my ONEPLUS A5010 using Tapatalk
 

zagatoes30

Member
Messages
20,758
As above give the dealer the chance first and then review always thought that one e contracts come out it only goes down hill
 

jasst

Member
Messages
2,313
An acceptable outcome to this, took the car back to Cardiff as dealer wanted to put it through an mot to see exactly what was wrong with it, which we duly did last sunday, he rang on weds to say its not as bad as our guys made out, but he knew we would never agree, so he has refunded the full price we paid, so no complaints here, Off now to look at a one owner KIA Sorento, which looks like it might fit the bill.
 

safrane

Member
Messages
16,747
Had loads of Kias on rent... OK they are no BMW or Audi inside, but at the price point they are excellent. And a brand that gives a 7 year warranty can't be bad.