Buyer legal rights when buying from a garage

[Bobbybiscuit]

I have purchased a 2004 Octavia 1.9TDI PD 130 BHP from a garage in Peterborough last Saturday. Full service history. Engine sounds great and pulls very very well. Sold to me with a car warranty for 15 months covering engine and electrical part failure. Garage did not offer any warranty itself and I did not sign away my rights re "sold as seen" because I purchased a warranty.

On Sunday of last week, when back home in plymouth it was very hard to start cold and warm although have work around to get it going. Its due a service and this is booked in wednesday of coming week. The glow lines has been flashing all week and today the engine management light came on. If it is something serious I cannot claim under the warranty because I read after I returned to Plymouth that no claims will be entertained until full service had been carried out. Thats why I booked service to get it up to scratch.

If it is a serious problem what are my rights regarding taking action against the garage?

As a matter of interest, can i still drive car with engine management light on? Only driven locally or should I only drive it to the garage for the service? Hard to tell if engine level low due to state of oil but will check it in the morning. If it is low would adding oil cancel the engine management light?

Just need some good advice please.

[Phil-W]

I would return it to the garage and tell them to sort it. One week of ownership and you have problems? What sort of mileage have you covered in that time? Do these run DMF's? Struggling to start could be signs of DMF failure.... On the other hand your glow plugs could just be Nackered.

Can you get someone to diagnose it, VAG-COM or similar?

Edited 9 June, 2012 by Philip W

[Bobbybiscuit]

Trouble is I am in Plymouth and bought from garage in Peterborough. Dont get me wrong I would take it back of necessary but if service cures issues plus any other relatively small parts replacement then I would be happy to keep car. The trouble is that the dealer did not explain to me that the warranty did not take effect until the car had had a major service. I am making enquiries now "just in case" its the worse.

[Babs]

Any faults within 6 month of purchase are deemed under the SOGA to be there when the item was sold, thus, the seller's responsibility to fix.

The SOGA effectively gives a used car bought from a business a 6 month warranty, regardless of any implied or stated warranty.

[Phil-W]

Did the garage not service it before you collected it then?

[demonufo]

Take it straight back, get them to sort it at their cost right now. If they refuse, trading standards are just a phone call away...

If it needed a service and they sold it with a warranty, they should NOT have released the car until it was ready. They are most certainly at fault here, and liable, especially given the time frame.

[Bobbybiscuit]

Thats interesting - sale of goods act I take it you mean. Does that apply to all 2nd hand car dealers?

Car was not serviced but sold as it was. Drove well, looked in great condition, no awful noises. Starting became a problem as i drove back down to Plymouth (300 miles approx).

I am just hoping that the full service will be a cure.

Its strange, I have had a look at several cars with dealers and none appeared to have had a service recently. Seems to be the norm.

[Babs]

Yes, Sale of Goods Act, it's part of the item being "fit for purpose" and "of reasonable condition" - it applies to anything you buy from any business, so would apply to buying a used car from a dealer/trader, but not private sales (where the item just needs to be fit for purpose and of reasonable condition at the point of sale).

Garages will use a "fresh service" as part of a deal breaker, stamp in the book at zero cost to them ('cause they won't actually service it...).

[Bobbybiscuit]

Yes thats right - except in this case a service is overdue. Very helpful. I will ask my garage to do a report and contact trading standards. Apart from flashing lights - car bodywork is fantastic,so is the engine compartment, interior just the problem with starting and the engine managment light on now. Hopefully nothing serious - will have an engine flush as engine oil is dire. Love the car when driving.