Buying A Car From A Dealer

[funkylad20]

Hi, does anyone know where you stand in regards to buying a used car from a dealer 10 months ago, when the car is still within the three year warranty period (car registered September 2013), that develops a lethal fault that the garage cannot seem to fix?

[andy-hughes]

Your contract is with the dealer - it is for them to invoke the manufacturer's warranty to cover the cost of repairs.

[RandyMarsh]

You need to be sure that the warranty is transferable, most are. :)

[funkylad20]

Thanks for the answers. The warranty is all ok, the cost of the investigation into the fault (courtesy car etc.) is not costing us anything, sorry that was not what I meant (should have been clearer!).

I just wanted to know what we do if the fault continues to be there and the dealer garage says they have done everything that they can. If we are then left with a car that won't work 100%, do we have any legal grounds for getting it replaced or anything like that?

[EDDIE51]

What do you mean by a 'Lethal' fault? That suggests it is something that makes the car dangerous and unsafe to drive. I have never heard of a fault in a car that cannot be repaired. What is the fault?

[funkylad20]

That is exactly it - stopping dead in the middle of the road at speed and failing to re-start, locking the wheel in the process and rendering the car dangerous and not road-worthy.

The issue is intermittent and originally started as a smaller issue with it failing to start first thing in the morning when on the driveway. Then all of a sudden one day it did it twice whilst driving, hence it being a massive risk.

It is currently in the garage for the fourth time (since May this year) and there is a lot of head scratching. No faults are being logged and the issue is not happening when in the garage, so replicating it is proving difficult.

The garage are being really helpful, exploring potential issues, have replaced what they believed the issue to be and but it has not resolved it. They try something, it comes back, it still fails so it goes back for more testing.

I am concerned that we are running out of options now, not only because this issue when on the road is lurking there and potentially lethal, but the warranty will be up in six weeks (so could become costly unless the warranty extends to existing issues already identified?) but also because we feel like we have been sold a car (at £26k it wasn't cheap) that is no longer fit for purpose that we couldn't sell with this issue. Surely if a car is manufactured, the customer has some rights in terms of significant failures like this, hence the post here in the law section. Colleagues have mentioned the Consumer Rights Act which came into force on October 1st 2015, but we don't fully understand if this applies to us and what it means?

[Tuvok]

Have you searched to see if others have the same fault.

You read abouy car manufacturers not admiting there is a fault even though lots of people say they have one.

[pauln90]

http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/12166749/Volvo-recalls-7000-cars-in-the-UK-because-of-software-glitch-that-shuts-down-engine.html

A Google reveals this newspaper report. I should get the dealer to liaise with Volvo to get a resolution. Although the article says it relates to 2015 models the problem has obviously been ongoing for longer.

[funkylad20]

Thanks for the answers; yes, we had seen the recall notice on 2015 models onwards and have trawled the internet to find a similar issue. The problem is ours is a 2013 model (registered September 2013). Regardless of this, we also had a full software update carried out the first time it went in (May 2016). We had a new (high pressure) fuel pump replaced last week, as it apparently looked like it was seizing, but the garage kept it in over the weekend to continue tests as a just in case and it apparently still failed (though not as bad), so they now have the Volvo Technical Team looking at it.

So, if it cannot be fixed - back to my original question - does anybody know where we stand, legally?

[ladyalex]

I think you should get in touch with your local Trading Standards Office.

I think your dealer sold you a car that is 'not fit for purpose'.

Just my opinion.

[jno]

agree with ladyalex. A deathtrap on wheels is not a car within the meaning of the Act. If they can't fix it they need to give you another car or your money back.