Returning a newly bought, used car?

[Time Waster]

A partially open window? 😅
Does it only happen when there is a child in the back.

No open window in the back.

If you can demonstrate that the fault was there when you bought it then you are entitled to a full refund, as the car was not of merchantable quality. May be worth calling your local trading standards officer for some advice, but don’t be fobbed off, asking you to take it to a dealer is just them buying some time.

I read somewheree that the 2015 act gave the right to refund due to any of three factors. Fault is enough for one of those factors. That is withint 30 days of point of sale. The 30 days is important I read because it puts the requirement to prove that the fault was not there nor developing when the sale was made on the dealer not vice versa on the buyer of the car.

Of course the rights under consumer laws I reckon in the face of difficult dealers require some form of enforcement or effort from the purchaser. Whether that is some form of mediation, ombudsnmen or small claims court. I think there are many dealers who would try to get a more favourable outcome for them by playing fast and loose with the consumer's rights. Things like engineeering an assessment by the garage they use to push the idea that there is nothing wrong with the car or by finding xome spurious issue and fixing that thus the car is good quality again. However, AIUI there is a right to refuse repair and still refuse it if it is repaired. Also you can take it back, find the issue is stil there and you get to go back to the 30 days right to refund. Less a slight reduction for the length of time it has been driven post "repair". That is from what I have read from various sources such as Which, CAB, etc.

Still, it takes a bit to confront the dealer if they are difficult.

 

[Gunk]

I think there are many dealers who would try to get a more favourable outcome for them by playing fast and loose with the consumer's rights

It’s very common, however one of my closest friends and his son own a dealership, if they have any issues like this they just buy the car back. Poor Google and Trustpilot reviews can kill a business these days.

 

[Time Waster]

That's what I would have thought is the thing now..I mean not worth it as a small dealer, people do look at reviews and avoid small dealers if there's even one iffy review. Not worth the risk.

One small dealership we went to were very much in that camp. They told me that they can't afford to supply cars that are not right. They said straight that if a month you have any doubts they'll take the car back for a full refund. Unfortunately their cars in stock weren't quite right for us. Not sure now. I think that dealer's vibes make me think it's better compromising on the car if it's a good dealership.

 

[Regular.Cyclist]

My wife recently bought a pre-owned car from a small dealer. Haven’t visited many that one was by far the best in terms of pre, during and post purchase customer services that I’ve ever experienced. He was honest and says he goes above and beyond to avoid any bad reviews.

It was a popular model of car she bought so she could afford to be choosy from the dozens up for sale, so it wasn’t a compromise, but in her case she found the right dealer and car combination so is very happy.

 

[richardfm]

If you can demonstrate that the fault was there when you bought it then you are entitled to a full refund, as the car was not of merchantable quality. May be worth calling your local trading standards officer for some advice, but don’t be fobbed off, asking you to take it to a dealer is just them buying some time.

The OP can't demonstrate that there is a fault, let alone that it was there when he bought the car.
Like another poster said he needs someone in the car to record it when it happens.

 

[DRM]

https://www.briskoda.net/forums/topic/294540-low-frequency-boom-in-cabin/
Have read through this ^^^ possible rear shock absorber fault, also as pointed out up thread, the mechanic who gets the job, will more than likely end up commuting in it, in an effort to replicate the noise

 

[Time Waster]

https://www.briskoda.net/forums/topic/294540-low-frequency-boom-in-cabin/
Have read through this ^^^ possible rear shock absorber fault, also as pointed out up thread, the mechanic who gets the job, will more than likely end up commuting in it, in an effort to replicate the noise

That is interesting. It could be that, I will run it past my partner who was driving when it was really bad.

It could be but might not be was her response.

Thank you all for your ideas. The more ideas for potential causes we get the more we can rule out or rule in as appropriate.

 

[OldShep]

What was the outcome with this car TW?

 

[Alex321]

It has a fault.

You can return it within 30 says without argument.

Period, as the muricans say.

That is not quite true

9Goods to be of satisfactory quality​

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

 

[Drago]

And the paragraph specific to motor vehicles sold for private (ie, non-commercial) use states...?

 

[Alex321]

And the paragraph specific to motor vehicles sold for private (ie, non-commercial) use states...?

There is no such paragraph relating to the satisfactory quality of the goods, or the short term right to reject.

The only paragraph in the entire act with specifics for Motor vehicles is para 24 - sub-para 10, which relates to price reductions (for refunds) and final right to reject, basically saying that if rejected in the first 6 months, no price reduction can be made for usage *unless* it is a motor vehicle (or goods made to order of certain types specified in a SI).

 

[Drago]

It's in Part 2 CRA.

Here is is explained in detail...

https://www.businesscompanion.info/focus/car-traders-and-consumer-law/part-2-consumer-rights-act

"Short term right to reject" is the bit you dont think exists.

For a period of 30 days after the sale, if the vehicle fails to meet any of the requirements detailed in the sections 'Make sure that the vehicle is of satisfactory quality' to 'Make sure that the vehicle corresponds with any description you give to it' above, the consumer can 'reject' it and receive a full refund. The 30 days starts when the consumer receives the vehicle and does not include any days that it is back in the garage for repairs.

 

[Dadam]

My guess is brakes because your symptoms sound identical to mine. It only manifested itself travelling around 50 mph, and at its worst when going uphill. At first I thought it was a wheel suddenly going badly out of balance but I've had cars lose wheel weights before and this was worse, really unpleasant juddery low frequency vibration. I took it for a short spin on the M621 and it was barely discernible at 70 or on the flat.

Turned out I had a sticking caliper, and that disc was also warped, so the pads on that wheel were contacting the disc slightly a lot of the time, and the warped disc contacted pads harder at the same point each rotation. I'm guessing the different loading on the wheels of going uphill made it worse.

The wheel size (rolling radius) determines the frequency vs road speed and the resonant frequencies of the car body and chassis will determine what speed the vibration gets worse in the cabin. So the fact it's worst at 40mph in your car and was at 50mph in mine could still be a similar cause.

Pads got badly glazed by being on all the time too, and my mpg suffered. After it was fixed I suddenly started getting 3-4 mpg more!

The fact you also had very rusty discs is suggestive of multiple issues with your brakes.

 

[Alex321]

It's in Part 2 CRA.

No it isn't.

It is in Chapter 2, of Part 1.

Here is is explained in detail...

https://www.businesscompanion.info/focus/car-traders-and-consumer-law/part-2-consumer-rights-act

"Short term right to reject" is the bit you dont think exists.

Of course it exists, and I have never said or suggested otherwise. I even quoted from it above.

It is not specific to vehicles though, it applies to all goods. It mnakes no difference whether it is a motor vehicle you are buy, or any other itenm.

For a period of 30 days after the sale, if the vehicle fails to meet any of the requirements detailed in the sections 'Make sure that the vehicle is of satisfactory quality' to 'Make sure that the vehicle corresponds with any description you give to it' above, the consumer can 'reject' it and receive a full refund. The 30 days starts when the consumer receives the vehicle and does not include any days that it is back in the garage for repairs.

And those requirements are set out in the document you quote as

Make sure that the vehicle is of satisfactory quality​

Consumers are entitled to vehicles of 'satisfactory quality'. Satisfactory quality means that the vehicle you sell must be of a standard that a reasonable person would expect, taking into account a number of factors including the vehicle's:

• age
• value / worth and price
• history (including mileage)
• intended use
• make
• durability
• safety
• description (spoken or in writing)
• freedom from minor defects
• appearance and finish

Whether a vehicle is of satisfactory quality will therefore depend on the particular facts and on the extent to which the actual condition of the vehicle matches the consumer's reasonable expectations. For example, in judging whether a recently bought seven-year-old car is of satisfactory quality, it would be reasonable to take account of the price of the car. This could be far less than for a new vehicle and so expectations should be lower. It would also be reasonable to assume that the performance might not be as good and the quality of the finish could fall far short of new condition.

In summary, with second-hand cars, it is reasonable to expect some wear and tear and for it not to be in the perfect condition of a new car - for example, there may be some scratches to the paintwork. However, it would still need to conform to any description given to it and should be judged in accordance with the standard and performance that was reasonable to expect in a similar car of that age, mileage and model.

 

[bikingdad90]