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Broken down vehicle


nightrider

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if you buy a vehicle from a reputable dealer and five days after purchase that vehicle breaks down, you phone the dealer telling him there is a problem, he sends out a mechanic who diagnoses a fuel supply problem, the mechanic reports back to the dealer outlining the problem.

The vehicle in question is a diesel and towards all intents and purposes it looks like a fuel pump problem, the dealer says not to worry as the problem will be sorted out, so what protection has the new owner of the vehicle got???

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If it is second hand you are only covered by whatever the warranty says which the dealer supplied with it (hopefully!). If there was no way it could be known that the fuel pump was faulty, then it's just bad luck, but if it is an item that could have been known about when you were sold it I would be having some words with the dealer in question, however, as he will put it right what more can you ask really?

 

If anyone is concerned when buying a used vehicle the first thing they should do is take it to a garage and have the mechanicals checked out BEFORE purchase - the AA will do a check for you too but they will charge you a heck of a lot more than a 'standard' garage!

 

At the end of the day it is a case of 'buyer beware' I'm afraid.

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Malcolm,

 

I disagree with Mel on this one.

 

The 'Sale of Goods Act' says that goods must be fit for purpose and of merchantable quality, breaking down within five days of purchase does not fit either in my books. Are you a member of the AA or RAC? If so speak to their legal department for advice, I did a few years ago in a similar situation and it paid dividends.

 

What I would be worried about is that the fuel pump failure was caused by misfuelling with petrol as the consequences could be far more than a fuel pump failure.

 

Keith.

 

Edit, meant misfuelling by previous owner, not you Malc :D

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Keithl - 2012-04-10 1:55 PMMalcolm,I disagree with Mel on this one.The 'Sale of Goods Act' says that goods must be fit for purpose and of merchantable quality, breaking down within five days of purchase does not fit either in my books. Are you a member of the AA or RAC? If so speak to their legal department for advice, I did a few years ago in a similar situation and it paid dividends.What I would be worried about is that the fuel pump failure was caused by misfuelling with petrol as the consequences could be far more than a fuel pump failure.Keith.Edit, meant misfuelling by previous owner, not you Malc :D

Unfortunately 'your books' mean nothing in court. If this is a used vehicle then no judge will agree with your interpretation. Yes, things should be of merchantable quality and not break down and it it were new that's a different proposition.

But how can any dealer be expected to know when a well-used component is about to expire? He could have tested it thoroughly just before he sold it and it may well have worked perfectly. That's the odd thing about mechanical devices. They work perfectly until the moment that they decide not to!

If it's a used vehicle the dealer has an obligation to fix the problem and that's it.

I also do wonder at this propensity to rush to legal aid or even, God forbid, lawyers. The way to deal with a problem like this is to take it back to the dealer and, in as friendly and polite a way as possible, ask him to fix it. This is what's been done and it appears that the dealer isn't arguing and has agreed to rectify the fault. What more can a reasonable person expect?

The time to start talking to the RAC/AA, Citizens' Advice et al is when the dealer refuses to meet his obligations. If you go in there with guns blazing all you'll do is put his back up and sour relations for future dealings with him. 
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As I said the dealer that I bought the vehicle from is a reputable dealer, when the problem came to light things were made awkward due to the bank holiday weekend I could only get in touch with one of the salesmen who was on duty on easter sunday and he said the man I needed to speak to was not in until tomorrow.

As luck happened he came in to the office today to sort out some paperwork, he phoned me right away saying that he had arranged for the van to be picked up and repaired to everyones satisfaction no matter what was required.

And as francis quite rightly says it is not the done thing to go down to the garage with all guns blazing you have to explain the situation and let them put things right which they are doing.

The van in question is a very nice looking Mercedes Vito with a genuine 55K on the clock, ideal for my job as it has 3 seats in the cab and more stowage area in the back, having 3 seats means I can take on another school leaver to work with us.

And as the manager of the company said, a car has thousands of componants that can fail at the most inconvenient time, hopefully we can be back on the job as soon as poss.

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You have specific rights when buying a used vehicle from a dealer.

 

They revolve around the judgement as to whether any (underlying) fault can reasonably be considered to have been present at the point of sale or not, and if you are claiming within the first 6 months, there is a "reverse burden of proof" on the dealer (i..e. it is incumbent on them to prove it wasn't present - which could be difficult for them).

 

Most (all?) dealers are aware of this, and the good ones should acknowledge it and proceed accordingly - (it would appear that the one in question probably is). Francis' advice to approach the dealer in a reasonable manner is a sound one - should this not bear fruit, then advice from trading standards is a good next resort.

 

My local council summary of the situation makes it superfuous for me to add more:

 

http://www.nottinghamshire.gov.uk/ts-detailpage.htm?frmClient=6ADB0A7B-1185-6B25-FCE7438976CCE371&frmItemID=122489&frmShared=1

 

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Can I please set the record straight - At no point did I say anything about going in "with all guns blazing"!

 

What I actually said was to seek advice so you know exactly where you stand before making any foolish comments or accepting a 'fob off' excuse when you do speak to the dealer.

 

A BIG difference in attitude which could have a BIG difference on the outcome!

 

But it does sound as though Malcolm has a good response from the dealer.

 

Keith

 

Edit. RH that is exactly the kind of information I was trying to advise Malcolm to get so he knew where he stood when contacting the dealer.

I only posted my original reply as several years ago a dealer tried to fob me off with trying to claim on a worthless warranty when all along the fault was clearly his responsibility.

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Guest pelmetman

I agree with Francis......................................... 8-)

 

 

 

 

 

 

 

OMG.....I need a lie down :-S........I'm not well :'(

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Of all the past vehicles I have bought, privately or from a dealer this is the first time something has gone wrong.

Fortunately the dealer in question is putting things right, having bought 5 cars in the past from them they are doing the honourable thing.

One thing this episode has taught me buying privately is fraught with disaster you may pay more through a dealer but you do have a degree of protection.

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pelmetman - 2012-04-10 6:55 PM

 

I agree with Francis......................................... 8-)

 

 

 

 

 

 

 

OMG.....I need a lie down :-S........I'm not well :'(

 

Come and lie down next to me then Dave ... francis agreed with me!!! 8-) (lol) :->

 

I'll tell francis to move over as he can't believe it either!!! :D

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Guest peter
Mel B - 2012-04-10 10:55 PM

 

pelmetman - 2012-04-10 6:55 PM

 

I agree with Francis......................................... 8-)

 

 

 

 

 

 

 

OMG.....I need a lie down :-S........I'm not well :'(

 

Come and lie down next to me then :D

You never say that to me you little teaser. :->
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peter - 2012-04-11 8:34 PM

 

Mel B - 2012-04-10 10:55 PM

 

pelmetman - 2012-04-10 6:55 PM

 

I agree with Francis......................................... 8-)

 

 

 

 

 

 

 

OMG.....I need a lie down :-S........I'm not well :'(

 

Come and lie down next to me then :D

You never say that to me you little teaser. :->

 

Sorry Peter ... but that shirt just doesn't do anything for me! :D :D :D

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Guest pelmetman
Mel B - 2012-04-12 6:59 PM

 

peter - 2012-04-11 8:34 PM

 

Mel B - 2012-04-10 10:55 PM

 

pelmetman - 2012-04-10 6:55 PM

 

I agree with Francis......................................... 8-)

 

 

 

 

 

 

 

OMG.....I need a lie down :-S........I'm not well :'(

 

Come and lie down next to me then :D

You never say that to me you little teaser. :->

 

Sorry Peter ... but that shirt just doesn't do anything for me! :D :D :D

 

Blimey four in the bed 8-).................

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Got my van back this morning, everything working fine now, something to do with air getting into a fuel pipe or something, opened the van door and there was a bouquet of flowers for my wife and a nice bottle of wine for me to compensate for the inconvenience.

And seeing as I am now of the retired status my son David and my grandson Sam taking over the garden business I will take a back seat.

Due to the fact that they have now got the van i was left without transport for my day to day pottering so I bought myself a nice little Peugeot 307 run about, only 23k on the clock, so alls well that ends well.

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