Used Car Dealer Responsibility Fault Within 30 Days
Used Car Dealer Responsibility Fault Within 30 Days
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Discussion

Johnw94

Original Poster:

5 posts

2 months

Thursday 23rd April
quotequote all
I recently purchased a car from a used car dealer under 30 days ago. It had a recent mot with no advisories, full service history, recent service the dealer before he sold it to me as well as a 3 month warranty. I took the car to a trustworthy mechanic I have known for some time and he informed me that the rear brake disc and pads need replacing due to severe corrosion. He even questioned how it was able to pass its most recent mot without any advisories. I contacted the dealer in question about the repair and he wants me to return to the dealership so his mechanic can repair the brakes.

My question revolves around the consumer rights act about “The remedy must be supplied to the consumer at no extra cost, within a reasonable time and without significant inconvenience to the consumer.”

I will say that I would like to keep the car and have no desire to outright reject it due to the fault. I just want the repair to be carried out successfully. The dealer mentioned his mechanic does not work on the weekend so I would only be able to come in during the week. This is difficult due to work commitments and I would likely need to take a day of leave for this. Also the round trip to and from the dealership is around 50 miles. My local mechanic quoted me £220 for the repair. In this scenario would I be justified in asking the dealer to authorise a local mechanic to pay for the repair or cover my travelling cost to the dealership due to the inconvenience? The degree of corrosion my mechanic showed me when he took a picture clearly shows that the fault with the breaks was present when it was sold to me. I’m just wondering what all of your thoughts was on this?

Cheers

Mandat

4,530 posts

264 months

Thursday 23rd April
quotequote all
Johnw94 said:
I recently purchased a car from a used car dealer under 30 days ago. It had a recent mot with no advisories, full service history, recent service the dealer before he sold it to me as well as a 3 month warranty. I took the car to a trustworthy mechanic I have known for some time and he informed me that the rear brake disc and pads need replacing due to severe corrosion. He even questioned how it was able to pass its most recent mot without any advisories. I contacted the dealer in question about the repair and he wants me to return to the dealership so his mechanic can repair the brakes.

My question revolves around the consumer rights act about The remedy must be supplied to the consumer at no extra cost, within a reasonable time and without significant inconvenience to the consumer.

I will say that I would like to keep the car and have no desire to outright reject it due to the fault. I just want the repair to be carried out successfully. The dealer mentioned his mechanic does not work on the weekend so I would only be able to come in during the week. This is difficult due to work commitments and I would likely need to take a day of leave for this. Also the round trip to and from the dealership is around 50 miles. My local mechanic quoted me £220 for the repair. In this scenario would I be justified in asking the dealer to authorise a local mechanic to pay for the repair or cover my travelling cost to the dealership due to the inconvenience? The degree of corrosion my mechanic showed me when he took a picture clearly shows that the fault with the breaks was present when it was sold to me. I m just wondering what all of your thoughts was on this?

Cheers
Corrosion on brake discs is common, particularly if a car has been standing around for a while, but that does not necessarily mean that the discs are faulty.

For £220 what is the propose repair? That sounds cheap to supply & fit new discs & pads.

Nickp82

3,864 posts

119 months

Thursday 23rd April
quotequote all
You’d be justified in asking for the dealer to pay the £220 and it would make their life a bit easier too. Not so much travel costs if they insist on doing the repair themselves.

Johnw94

Original Poster:

5 posts

2 months

Thursday 23rd April
quotequote all
Mandat said:
Corrosion on brake discs is common, particularly if a car has been standing around for a while, but that does not necessarily mean that the discs are faulty.

For £220 what is the propose repair? That sounds cheap to supply & fit new discs & pads.
I agree the price was quite low. Likely cause of the amount of work I’ve had done in the past. The quote was for supplying and fitting new rear brake discs and pads. They said it would cost £220 as long as there were no other faults with the brake calipers once stripped.

BunkMoreland

4,008 posts

33 months

Thursday 23rd April
quotequote all
Johnw94 said:
I recently purchased a car from a used car dealer under 30 days ago. It had a recent mot with no advisories, full service history, recent service the dealer before he sold it to me as well as a 3 month warranty. I took the car to a trustworthy mechanic I have known for some time and he informed me that the rear brake disc and pads need replacing due to severe corrosion. He even questioned how it was able to pass its most recent mot without any advisories. I contacted the dealer in question about the repair and he wants me to return to the dealership so his mechanic can repair the brakes.

My question revolves around the consumer rights act about The remedy must be supplied to the consumer at no extra cost, within a reasonable time and without significant inconvenience to the consumer.

I will say that I would like to keep the car and have no desire to outright reject it due to the fault. I just want the repair to be carried out successfully. The dealer mentioned his mechanic does not work on the weekend so I would only be able to come in during the week. This is difficult due to work commitments and I would likely need to take a day of leave for this. Also the round trip to and from the dealership is around 50 miles. My local mechanic quoted me £220 for the repair. In this scenario would I be justified in asking the dealer to authorise a local mechanic to pay for the repair or cover my travelling cost to the dealership due to the inconvenience? The degree of corrosion my mechanic showed me when he took a picture clearly shows that the fault with the breaks was present when it was sold to me. I m just wondering what all of your thoughts was on this?

Cheers
You can ask, but I doubt they will want to. They will be getting the work done ever cheaper than £220 (probably fitting the cheapest nastiest pattern parts too)
The fact its round trip of 50 miles is irrelevant to the dealer. Thats on you. So you will have to suck it up.
WRT the Mot not advising them. There is NO obligation to report any advisories. Presumably the brakes, despite corroded hit the numbers for the brake tests.

Wacky Racer

41,042 posts

273 months

Thursday 23rd April
quotequote all
I can never understand why people buy cars from dealers fifty/hundred/ two hundred miles away, then moan when they have to take it back for work that is going to be carried out free of charge, under warranty,

Fifty miles, you are talking a few quids worth of fuel.


georgeyboy12345

4,501 posts

61 months

Thursday 23rd April
quotequote all
I’d have just paid the £220 and got them repaired myself

RedLightGreenLight

296 posts

50 months

Thursday 23rd April
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I would be happy that the dealer has even offered to replace the brakes and sort the problem out…. As others have mentioned and my past experiences it will be on you to travel etc… Main dealers however where I have bought numerous cars from over the years, will normally give you a courtesy car etc.

paul_c123

2,166 posts

19 months

Thursday 23rd April
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Is your mechanic also an MoT tester?

OutInTheShed

13,780 posts

52 months

Thursday 23rd April
quotequote all
Wacky Racer said:
I can never understand why people buy cars from dealers fifty/hundred/ two hundred miles away, then moan when they have to take it back for work that is going to be carried out free of charge, under warranty,

Fifty miles, you are talking a few quids worth of fuel.
And maybe a day off work?
So it may be more convenient to just get a local garage to do it.

Brake discs and pads, I usually end up replacing them all in the time I own a car, so it's not the end of the world to get done early in the game.

Some discs and pads are pretty cheap at Eurocarparts and the like.

A windy wet week around here by the sea, brake discs can look horrible very quickly. Well used and shiny looks much better than the same disc with a week's salt spray. Try owning a 70s Italian bike with cast iron Brembo discs...

People take cars they've bought to their pet mechanics, looking for trouble. The pet mechanic in this case hasn't said it would fail an MOT or didn't work.
Grey areas of service parts. If this is the only problem in a year's motoring, be happy, you've chosen a fairly good car.

this is my username

410 posts

86 months

Friday 24th April
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Can you post the picture of the brakes that you got from your mechanic?

Johnw94

Original Poster:

5 posts

2 months

Friday 24th April
quotequote all
It won’t let me post a picture here for some reason. I think the opinion of some of the folks here might have been different if I could.

Sir Bagalot

6,980 posts

207 months

Friday 24th April
quotequote all
Nickp82 said:
You d be justified in asking for the dealer to pay the £220 and it would make their life a bit easier too. Not so much travel costs if they insist on doing the repair themselves.
And the dealer is entitled to say return to me for fix

BunkMoreland

4,008 posts

33 months

Friday 24th April
quotequote all
Johnw94 said:
It won t let me post a picture here for some reason. I think the opinion of some of the folks here might have been different if I could.
i guess we'll never know.

I mean its not like PH has an easy to use "Upload an image" function just above the text box is it....

mcpoot

1,420 posts

133 months

Friday 24th April
quotequote all
Johnw94 said:
It won t let me post a picture here for some reason. I think the opinion of some of the folks here might have been different if I could.
Don't be so sure. That would mean admitting they're wrong.

Johnw94

Original Poster:

5 posts

2 months

Friday 24th April
quotequote all
BunkMoreland said:
i guess we'll never know.

I mean its not like PH has an easy to use "Upload an image" function just above the text box is it....
I guess it’s beyond some people to realise that PH might prevent newer members from posting images. Not allowing them to use the “upload an image function”.

paul_c123

2,166 posts

19 months

Friday 24th April
quotequote all
BunkMoreland said:
i guess we'll never know.

I mean its not like PH has an easy to use "Upload an image" function just above the text box is it....
I believe users with fewer than 10 posts cannot post images.

Trevor555

5,283 posts

110 months

Friday 24th April
quotequote all
paul_c123 said:
Is your mechanic also an MoT tester?
OP this is the big question.

Did your friend say they should have failed the MOT?

Did your friend put your car onto the brake roller tester?

Let us know.

And your friend should know that MOT testers dont HAVE to put any advisories down.

mcpoot

1,420 posts

133 months

Friday 24th April
quotequote all
Johnw94 said:
BunkMoreland said:
i guess we'll never know.

I mean its not like PH has an easy to use "Upload an image" function just above the text box is it....
I guess it s beyond some people to realise that PH might prevent newer members from posting images. Not allowing them to use the upload an image function .
Some people are just c*nts. You soon learn to recognise them.

TheWokeBlob

109 posts

34 months

Saturday 25th April
quotequote all
To coin a phrase from the times when the internet was a simpler time: This thread is worthless without pics.

As other posters have highlighted, the raw cast iron on brake discs are susceptible to surface rust within a matter of days if not hours with a bit of rain.

The likelihood of corrosion being structurally deep enough to the disc and therefore a justification for change by itself is slim.
The likelihood of corrosion being that bad but not just passing the last mot without advisories, but the last several years without mentions is slimmer still
The likelihood for it to be that bad but not immediately noticeable to the point where there was a very noticeable and persistent noise or pulsation/strange braking behaviour when driving is damn right anorexic.

This is before we get into wether or not corrosion on brake discs is even justification for rendering the car "unfit for purpose" under the consumer rights act. You purchased a used car, ergo, with used brakes, as long as they reached the standards of passing a MOT and are working, there is a very strong argument that they are fit for purpose, even if they look a bit grubby.