car sold to me with no oil or water in!!

[nik1971]

i purchased a car on finance last friday,nice 7 seater 53 reg zafira,(so i thought)
driving the 5 miles home i realise the heating isnt working and the outside temperature display also isnt working..........very ****** off.

i ring to get car in to be sorted for this friday (2days ago),continue doing small journeys in very cold car all week, do a small journey on thursday and the temp gauge says overheating and the oil light comes on,how odd im thinking on a car i only bought a week ago,anyhow cut a long and very annoying story short,myself and my son get out to have a check under bonnet.
its then we find that the car is totally bone dry of water and oil is below minimum level! so we fill water up...6 litres it took while the cars steaming and hissing at me,this resolves the heating not working problem so in conclusion the car company have sold me a car which is dry of water and no oil in!
now im no mechanic but i do know that this causes severe problems on a car and i was driving a car all weeek with small kiddies i(im a childminder) that had the potential to blow at any minute. the garage looked at the car and the water reservoir was totally empty again after i filled it up the previous day,so suggesting a problem poss being the head gasket,also filled up with oil and no sign of a leak so car was def sold to me with no oi in!
garage also tells me that the 136point check i was told was being carried out was infact not asked for but instead after sales told them to give my car a "quick" check over.
im writing to the comapny to ask for a different car or at the least a thorough inspection by a reputable vauxhall dealer with myself and a trained mechanic with me and not a cruddy gargae they deal with.
where do i stand legally if they refuse either of these?
any advice appreciated.

[stuartsjg]

HI,

Everything is coverd by a sale of goods act. Part of this covers that if you buy somthing it must be fit for purpose.

Also, if sold second hand there are rules etc that must be followd with regards to sutiability and saftey.

At the very least a saftey check should have been carried out. The car was not fit to drive upon collection, as you want a car to drive in, a car with no oil or water is not driveable and as such not fit for purose.

If you had went onto a high speed road the engine would most likley have cought fire, an accident could liley have occurecd.

No oil or water would cuase the engine to seize and not turn, this would undobtably cause the wheels to lock (unless you put the clutch in and took it out of gear) and send the car into a spin.

I would copy any letter to Vauxhall and ensure the seller is aware of the copy you have sent.

Good luck,
Stuart.

[nik1971]

thanks for that stuart.
im even more outraged now that you have told me taht the wheels could have locked and sent the car spinning..............can you imagine that with someone elses children in the car?!

[steve2010]

stuart,dont talk so much crap,your only frightening the women, nik1971,take the car back and demand that the car is put right,inform the hp company you are not paying a penny until its done,and as for stuarts comments take no notice,it would not have caught fire or gone in a spin if the engine seized up,hes talking rubbish

[Gmcd01]

You will find that as the car was bought on HP, the Supply of Goods (Implied Terms) Act 1973 is the appropriate act; as it is not a 'Sale of Goods' for the purposes of SoGA '79. In particular, you need to rely on s10, whereby:
(2) Where the creditor bails [Provides] or hires goods under a hire purchase agreement , there is an implied term that the goods supplied under the agreement are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods�
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
Obviously it is s10(2B)d that you are concerning yourself with. If I was you, I would stop by your local garage for an informal chat with a qualified mechanic, or post a form of this question in the motoring section.
If you are writing to the company, do not mention the law unless you have to. It can be very annoying to hear someone say 'I know my rights...etc' when a polite letter and rationality will have a much better effect. Of course, if it gets nasty, then bring it out.
By the way, you need to ascertain any damage that has been caused, as it may be chargeable to this company. Don't forget that for your purposes, your contract is with the HP company...

[boro1986]

I am playing devils advocate here but me personally wouuld have checked the oil and fluids before i drove off. I do this as the first car i ever bought had a coolent leek so i ALWAYS check the levels even if they say its been checked over. Remember they are desperate to sell the car so bend the truth!!!

[dtr123]

Hi

Erm if the engine had siezed whilst driving at speed the front wheels would have locked up. I know cos i have done it. It may not have spun but would have skidded. At high speed the risk of spinning would increase.