HPI registered car dealer and his obligations

[Nojman]

I'm owner of Skoda Fabia which was sold to me with a hidden foult (EML came on 1 hour after the purchase). Car dealer did 3 repairs, he replaced EGR valve, cleaned some pipses and replaced Sonda Lambda..

 

The problem is still there, I want a refund but he tells me there was no warranty given and he did all the repairs in the act of a good will and won't accept the car back.

 

The question is whether the law is on my side or not? I did a little research on the problem and some of the articles say that he should accept it. Did anyone had any experience with it?

 

Please help!

[DanHarper]

A dealer can't sell a car without a warranty.

 

Read up on the Sale of Goods Act and how it relates to car sales.

 

How long ago was it? He does have the right to try and fix the car, but given he has already tried several things and failed he has been given that chance imho.

[Cooke]

I think they have to give at least 3 months warranty from a dealer.

[DGW]

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/cars_buying_a_car_e/cars_buying_a_used_car_e/cars_ways_of_buying_a_used_car_e/buying_a_car_from_a_dealer_what_you_need_to_know.htm

[fordfan]

A dealer does not have to give a warranty, however he does have to meet his obligations under the Sales Of Goods Act (SOGA).  The big question is, what does he have to do under SOGA to make a 12 year old car 'Satisfactory Quality'?

 

16 Valve Fabias were quite sensitive to throwing their engine lights on when they were new.  The engine light is there to show that the ECU has detected a 'fault' within the engine management system that could potentially affect the exhaust emissions.  If the engine is running correctly and the exhaust emissions meet the required limits, then it could be argued that the 'fault' is very minor and is acceptable on a 12 year old car.

[mannyo]

A dealer does not have to give a warranty, however he does have to meet his obligations under the Sales Of Goods Act (SOGA).  The big question is, what does he have to do under SOGA to make a 12 year old car 'Satisfactory Quality'?

 

16 Valve Fabias were quite sensitive to throwing their engine lights on when they were new.  The engine light is there to show that the ECU has detected a 'fault' within the engine management system that could potentially affect the exhaust emissions.  If the engine is running correctly and the exhaust emissions meet the required limits, then it could be argued that the 'fault' is very minor and is acceptable on a 12 year old car.

My previous Audi spent 90% of its life with me driving around with the engine light on, it drove fine and breezed through the MOT emissions test. The light was coming on because the CATS were below 95% efficient but were perfectly capable of passing the MOT. Drivability was unaffected, MPG was unaffected. I drove the car 30K miles with the light coming on and going off.

[TMB]

Probably just an oxygen sensor or something. Shouldn't be difficult to put right.

[Toxicvrs]

Probably just an oxygen sensor or something. Shouldn't be difficult to put right.

About 15 minutes work

[TMB]

About 15 minutes work

 

Yer

[fletch101]

A dealer does not have to give a warranty, however he does have to meet his obligations under the Sales Of Goods Act (SOGA). The big question is, what does he have to do under SOGA to make a 12 year old car 'Satisfactory Quality'?

16 Valve Fabias were quite sensitive to throwing their engine lights on when they were new. The engine light is there to show that the ECU has detected a 'fault' within the engine management system that could potentially affect the exhaust emissions. If the engine is running correctly and the exhaust emissions meet the required limits, then it could be argued that the 'fault' is very minor and is acceptable on a 12 year old car.

Any fault which make the car unroadworthy is not minor. As it wont pass mot. So can not be driven on the road. Making the point of a car pretty much usless.

Id demand a refund or threaten trading standards.

you can also pay for some of the car (if only the deposit) on credit card. Then you are covered by your credit card insurance for 12 months

[fordfan]

Any fault which make the car unroadworthy is not minor. As it wont pass mot. So can not be driven on the road. Making the point of a car pretty much usless.

Id demand a refund or threaten trading standards.

you can also pay for some of the car (if only the deposit) on credit card. Then you are covered by your credit card insurance for 12 months

So how does an illuminated engine management light affect the cars ability to pass the MOT, if the exhaust emissions meet the required limits?

[Brianpilman]

The light must come on and go off when the engine is started

[tommccabevRS]

Thought the new law states their can't be an engine light on when tested as clearly theirs something wrong with it, weather it be minor Like the cats on yours or not, their is a fault with the car that needs fixing to make it roadworthy.

[fletch101]

So how does an illuminated engine management light affect the cars ability to pass the MOT, if the exhaust emissions meet the required limits?

Not even gonna bother saying owt

[vindaloo]

There's more than one warning light. MOT testers guide is available online. I can't find anything specific to the engine malfunction lamp. There's enough other tests surrounding the engine system to give a good idea of its overall health. ABS lights, SRS or airbag lights, ESC/ESP are specifically mentioned.

[mannyo]

Engine management light is not a testable item, the only requirement is that the emissions are within spec. My old car always passed its MOT with the engine management light glowing like it did most of the time, and at different testing stations. The only testable lights are Airbag, ABS, ESP, Brakes, Main beam and indicators.

http://forums.moneysavingexpert.com/showthread.php?t=5005737

Lots of threads all over the internet confirm the above, plus at least one person who has posted in this thread is an MOT tester by profession.

[fordfan]

The only warning lights that are testable are ABS, ESP, TPMS (for cars first used in 2012), main beam, EPS, rear fog lamp, SRS (though if it doesn't work it's OK), indicators and hazard warning.  If the engine light is on and there's no fault with the emissions, then the road worthiness is not affected.

 

I saw a Polo the other week with a 1.4 16V engine, that didn't have a light on, no recorded faults but the CO emissions were 3 times the limit, we discovered that if we disconnected the rear Lambda probe the light would come on but the emissions would come down to less than one third of the limit. 

 

If you were the owner of that Polo and didn't want to spend any money on it, what would you do to get it through a MOT?

[Nojman]

 Thank you so much for all the answers! 

 

I managed to use your advice and I have returned my Fabia to car dealer I've bought it from for a full refund (well excluding 80 pound but this is due to the mileage I've done while having it 2,000) It was hard to give it back as honestly, I have no idea whether I've made the right choice as many people say it should work fine even when the light is on. 

 

Truth is, the dealer replaced 2 parts (Lambda and EGR valve) and the light was still on, I don't thin the emission could possibly be affected in any sort of way but still, this light is a HUGE PAIN IN THE A**. 

 

Once again, thank you! 

[ilikeradios]

Nice one..well done

Good luck with your next purchase.

[J306TD]

Least you are rid off it. Maybe post which garage it is so others can avoid

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