DC90
Member
Registered: 14th Nov 07
Location: Bedfordshire
User status: Offline
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Just looking for a bit of advice and to see if anybody else has had a similar issue.
A couple of weeks ago the mrs bought a Yaris from a local garage, all seemed fine with it until she got it serviced a week later to have a friend of ours report back with the following issues -
Break pipe has corroded, engine is cracked, block has been welded. As well as this, the wrong oil filter cap is fitted and the car has an oil leak.
Now, the report back from the garage the car was serviced in is that the car should never have passed an mot (which was done a day before my girlfriend bought the yaris).
She has since gone back to the garage she purchased the car from and said she isn't happy with this and would like a refund, to which the garage have basically said you can't have a refund but we will repair everything for free.
The main question is - do they have a choice on whether or not they can give her a refund? Is it worth taking this further?
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big eck
Member
Registered: 20th Apr 03
Location: Tullibody. Drives - Audi B8 S4 & Fiesta Zetec-S
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I was in kinda the same situation but I bought the car private. It was a 106 quicksilver that was mot'd the day before I bought it but in the way home it drove badly weaving all over the road. I took it to a local garage where they had a massive list for me on the things that were wrong with it and it should never have passed the mot. I contacted the seller and they gave me the garage details where it was mot'd. I told them what was going on and that I was going to phone VOSA if they didn't help. The owner instantly told me to get a quote for all the work that needed doin and let him know. I told him the price and he send a cheque the following day lol. I was happy with that as I knew the car would be fixed right with the right parts.
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Gaz
Member
Registered: 24th Aug 03
Location: Widnes, Cheshire
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I would go to the citizens advice bureau for help buddy 
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ShEp
Member
Registered: 9th Aug 05
Location: Dingwall, Highland
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Easy to miss 1 brake pipe tbh.
And the block and oil cap isnt an mot failure, (depending on the amount of oil leaking)
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Jamie-C
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Registered: 3rd Jun 08
Location: Ballycastle
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What's wrong with letting them repair it?
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kennySRi
Member
Registered: 12th Nov 10
Location: Lancashire
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quote:
Originally posted by Jamie-C
What's wrong with letting them repair it?
Was thinking the same. Probably the case like most woman who buy a car and then regret their decision and as soon as there's a small problem they want shut of it. I would get it repaired and you know the car is in perfect condition then and it was the car that you wanted only a few weeks ago.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Online
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Brake pipe might just be an advisory and on an old car they'll need doing anyway at some point, get them done.
Block welded isn't a fault.
Wrong oil cap isn't a fault.
Oil leak should be fixed although the presence of oil isn't a fail either, depends how bad it is.
Legally they have to be given the opportunity to rectify it. You can't just get money back unless you've given them that chance. Even then you'd need to prove it wasn't fit for purpose which really, if it runs and drives you'll have a hard time proving. If it left you at the side of the road after the engine fell out, you'd be in a better position.
None of that is really all that serious.
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Rob E
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Registered: 1st Jan 06
Location: Madeley, Stafford....I want to live back in Wales!
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Even if it was an advisory - the new MOT certificates have the advisorys printed on them so I'm sure they would have been aware of this when initially buying the car.
I would tell him you want your money back or you are going straight to trading standards to complain about him and his MOT tester.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Online
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I mean he hasn't noticed it but even if he had, it might not have caused it to fail.
You have no legal grounds under which to ask for money back. You'd need to appeal the MOT first, which will just mean you'll need to buy your own next time, plus the trader will still need the opportunity to rectify.
You can't just have your money back, you don't have protection in law. TS will tell you to exercise your legal rights, same as I just did.
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huutchy
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Registered: 19th Jul 11
Location: glenrothes
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call vosa and call trading standards
car cant pass mot with a bad oil leak
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smcGSI16V
Member
Registered: 26th May 03
Location: Farnborough Drives: Thurlby 888 CDTi No.98
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It's an oil leak, not a bad one. How much an oil leak it is will be different from one pair of eyes to another.
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Munchie
Member
Registered: 17th Jul 01
Location: I swap goats for mobile phones
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Type in your v5 and reg playe into the car mot checker online.
Tells you advisorys
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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Did you buy it on finance? I I'm sure there is a legal cooling off period you are allowed to return within. Not sure on the term though
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
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where is the oil leaking from? if it's from the oil cap, surely a 5 pound replacement from euro car parts will sort that? hardly the end of the world.
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ed
Member
Registered: 10th Sep 03
User status: Offline
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You need to give the garage you bought the car from a reasonable chance to fix the car, you can't go straight for a refund. If they can't fix the car then you can get a refund from them. Standard statutory rights apply - the product needs to be fit for purpose.
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taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
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Ask for a new block
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DC90
Member
Registered: 14th Nov 07
Location: Bedfordshire
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I said to her let them repair all of the problems, take it to another garage, get them to check it and any more issues take it back to the garage she bought it from.
I think with her it's now going to play in her head that they've sold her a car with all of these problems, so even if they are fixed she isn't going to trust it (woman thing I guess?)
I've not actually seen any of these issues, since it went in for a service she took it straight back to the dealer, the only message i've been given is "the car isn't road worthy" and then a list of things which supposedly back this up.
Going by what i've read online and from what's been said on here I imagine the only option is to first let the garage try to rectify the issues and see where we go from there!
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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my other half told me my conservatory was going to fall down before we bought the house.
2 and a half years later it's still standing.
women.
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andys sxi
Premium Member
Registered: 19th Jan 06
Location: Chester Drives:Scirocco tdi bluemotion
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A similar thing happened to me when I bought an Audi a3 tdi, just over a week that I bought it it had a few problems which were going to be expensive, phoned him up and needed up taking it to his mates garage which didn't give me much confidence leaving it there, in the end he agreed to give me my money back after trying for ages, but they do say you have to let them fix the problems
April 08 feature car
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DC90
Member
Registered: 14th Nov 07
Location: Bedfordshire
User status: Offline
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Update on this - they have had a look at it and offered a refund as there are even more things wrong with it (no idea what, I'm heading over there today to get this resolved)
Refund sounds nice but now they are trying to refund only a fraction of the money because, to them, the car is now worth less. They've admitted that the car isn't fit for purpose but some how work out that they want to give the mrs £400 less than she paid! Cheeky fuckers 
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Scotty_B
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Registered: 11th Jun 03
Location: East Kilbride
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quote:
Originally posted by DC90
Update on this - they have had a look at it and offered a refund as there are even more things wrong with it (no idea what, I'm heading over there today to get this resolved)
Refund sounds nice but now they are trying to refund only a fraction of the money because, to them, the car is now worth less. They've admitted that the car isn't fit for purpose but some how work out that they want to give the mrs £400 less than she paid! Cheeky fuckers
Jokers.
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kennySRi
Member
Registered: 12th Nov 10
Location: Lancashire
User status: Offline
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that's proper cheeky. Seen as they've admitted the car not being right then there shouldnt be a problem getting the full amount back.
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andys sxi
Premium Member
Registered: 19th Jan 06
Location: Chester Drives:Scirocco tdi bluemotion
User status: Offline
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I lost a couple of hundred when it happened to me but when I paid £6400 for a car I wasn't that's bothered really because I didn't have a big bill over my head, fight for more money they shouldn't have sold it in the first place of it wasn't right
April 08 feature car
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taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
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Lol no way id accept less than I paid
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ed
Member
Registered: 10th Sep 03
User status: Offline
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Quick phone call to Trading Standards will sort everything out. You might need to get a quote on the repair costs/some kind of description as to why it's not fit for purpose from someone independent but that's no bother to get sorted (especially if you go to a main dealer and get them to price up the work  )
[Edited on 21-11-2012 by ed]
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