Bought a dog - Legal advice please?

[Tdh1987]

Hi all

2 weeks I visited a local'ish garage and left a deposit on a '07 Vauxhall Astra 1.6 Energy (after a test drive). The car looked good except for a tiny spot of rust on the boot lid, which they agreed to sort before collection.

On Saturday I went to collect the car and spotted some bubbling under the paintwork, where the rear window joins the boot (under the rubber seal). When I spotted it I immediately pointed it out and demanded it was put right. I paid the balance and booked the car in for the repair work on Wednesday the 4th of September.

I drove the car home and was then unable to start the car as the battery was flat. I got the battery tested and it was confirmed faulty (the battery is probably as old as the car). I called the garage straight away they said if we get the battery replaced they will reimburse the cost.

Yesterday I took the car for a good drive and noticed that there is a very slight and tedious wobble that's only noticeable on smooth carriageway and that there is a knocking noise at the front and rear when going over some bumps. None of which I noticed on the test drive.

My friend is going to take a look at the car tonight (he owns his own garage) and see if there is anything wrong with it.

If the car is indeed a dog where do I stand legally?

I've had the car only 3 day, I paid a £250 deposit in cash and £2750 on credit card.

Thanks for reading.

 

[Theophany]

Speak with the garage first, if they're not helpful I'd speak to the CC company and examine possible avenues there. I'd say the £250 deposit may well be as lost as a fart in the wind though...

 

[Gibbo]

Hi there

an 07 car with rust?

To me sounds your problems are most likely:-
Knocking noise - front drop links about £50-£100 for the pair fitted. Also check front wishbones, arms etc. for wear.
Wobble - Get the wheels balanced - £10 a corner, £40-£50 total.

Does not seem anything major, give the garage a chance to resolve. If not then return the car and speak to your credit card company and do a charge back, not sure if that's legal with a car purchase or not but as its a garage you have consumer rights protecting you.

 

[RedvGreenOLD]

Section 75 Credit Card refund is your knight in shining armour here - it would apply even if you paid just £0.01 of the balance.

My only concern is that it is usually for new products/services, so i'd definitely verify with your CC company on where you stand with used goods. Usually you should be entitled to get the vehicle inspected professionally which you should do prior to confirmation of sale agreement.

 

[DogsBody]

Surely you would speak to the garage so that they can have the oppurtunity to put these issues right ?

I would agree with Gibbo, doesn't sound like anything major (not ruling out major problems completely however)

 

[[TW]Fox]

£3k for an 07 plate Astra seems quite cheap, was it priced to take into account the fact its fairly shabby?

 

[Tdh1987]

Hi

Once I've got a good idea of what's wrong with the car I'll speak with the garage and give them the opportunity for them to put it right. At the end of the day I like the car and I'd like it to be right.

What I want to know is that if there are major problems and they aren't prepared to do anything about it I'd like to know my rights.

 

[Tdh1987]

£3k for an 07 plate Astra seems quite cheap, was it priced to take into account the fact its fairly shabby?

It was up for £3,450 and I traded in my old Fiesta. Sorry I should have mentioned that. I also managed to get 6 months tax thrown in too.

The salesmen gave the usual chat, the cars great, FSH, you're buying from a reputable dealer, it isn't a risk, we shift 40 - 50 cars a week etc...

 

[atpbx]

It's a 6 year old mass produced hatch, it's going to need things like drop links, bushes and bearings replaced.

The thing that should have alerted you to the fact this wasn't a well maintained car was the fact it was already rotting.

 

[bledd]

Sounds like normal wear and tear on bushes / drop links, and in need of balancing.

Unless the engine is making horrible noises, I'd let the garage know and they'll sort it out.

No need to run in heavy handed at them.

 

[MOOGLEYS]

Section 75 Credit Card refund is your knight in shining armour here - it would apply even if you paid just £0.01 of the balance.

My only concern is that it is usually for new products/services, so i'd definitely verify with your CC company on where you stand with used goods. Usually you should be entitled to get the vehicle inspected professionally which you should do prior to confirmation of sale agreement.

For section 75 a minimum of £100 needs to be paid on the credit card. Any associated costs relating to this however paid would also be covered. So in this case if the O/P wanted to go this route the deposit would also be part of the claim to the credit card company.

The Astra H has issues with the front suspension bearings that cause knocking, rattling and also vibration when driving. They were recalled but many have not been done. Might be worth checking up on this.

 

[RedvGreenOLD]

For section 75 a minimum of £100 needs to be paid on the credit card. Any associated costs relating to this however paid would also be covered. So in this case if the O/P wanted to go this route the deposit would also be part of the claim to the credit card company.

The Astra H has issues with the front suspension bearings that cause knocking, rattling and also vibration when driving. They were recalled but many have not been done. Might be worth checking up on this.

Are you sure on the CC spend? I was pretty sure the value of the item/service needs to be over £100, not the spend on the CC.

Edit: http://www.money.co.uk/article/1003...t-act-protects-your-credit-card-purchases.htm

Do I have to pay the full amount on credit card to be protected?
Providing the total value of the item purchased with your credit card is greater than £100 and less than £30,000 you will be protected by Section 75 of the Consumer Credit Act even if you only pay a deposit with your card and use another method of payment to settle the outstanding.

For example, if you pay a £20 deposit for an item priced at £200 on your credit card and then settle the rest by cheque your credit card provider will still be jointly liable for the whole amount.

 

[Westyfield2]

A 2007 car already rusting? I'd be running a mile!

 

[Burned_Alive]

Has it ever been in an accident? Rear ended?

 

[Tdh1987]

Hi

My friendly mechanic has had a look around the car and he said both the 'Inner tie rod' are worn out. He said it should never have passed its MOT with them in that state. The MOT was done by the garage I bought it days before I collected it.

Thanks for all the responses guys

 

[Jono8]

You need to give the garage an opportunity to put things right first. If it is just some cheap suspension work and a wheel balance i'm sure they probably won't quibble.

 

[OpenToSuggestions]

I think the OP has learnt to give a car the proper once over before buying .
There should be no rust on a 6 year old car - That would concern me. Has it been bumped in the past or had any spray work?

I'm no welder nor have I ever tried paintwork. I would not buy a car of that age with any rust at all. I would spend a little more and choose one from the 1000s that there are available to get a good one.