Excited new Mk5 owner has had bad news...

[hendosyndrome]

Hi all,

I'm new around these parts and I am after some advice/feedback/thoughts.

on the 13th of this month I picked up my shiny 57 plate Mk5 from a dealer over in West Yorkshire.  I took it out for a spin and checked it over visually and it all seemed fine.  The car was owned by the son of the garage owner who took me out.  He pointed out that there was a bit of a squeak in the front wheels somewhere but that it wasn't causing any problems/heating of the disks but that it is a little annoying.  Other than that it all seemed a-OK.

The garage owner explained that he'd bought the car the previous august from a guy in the midlands.  The car had, apparently been sat for some time as the previous owner no longer used it.  I checked the log book and there had been a service only 4k miles ago but this was back in 2012.

I decided that everything seemed fine, knocked £500 of the advertised price and shook hands...fast forward two weeks later and, as the weather warmed up so did my need for air con...nothing!  Warm air being pumped around the car.

I'd already decided to get the car serviced anyway for peace of mind and asked them about the air con.  By this point the engine warning light had also come on (really happy to see that!) so I'd asked them to look at the lot.  The engine light had been triggered by a lambda sensor and they thought it might be a one off so re-set it with a view to seeing how it went and I was booked in for today to have the air con sorted as it wouldn't hold pressure.

Turns out, the air con condensor has a crack and needs replacing.  I agreed to this and got a subsequent phone call saying that when they'd removed the front bumper, the bumper bar had damage and was almost definitely why the condensor was damaged.

I'm trying to work out what to do regarding the damage - can I go after the garage for it because they never said anything about it?  Has anybody had an experience of this in the past?

Sorry for the long winded post...I'm feeling like I've been bent over a little and a bit stupid right now!!  Any guidance would be appreciated.

Ant

[Degudodger]

If the car was bought from a garage they must provide you with a minimum of 3 months warranty, let them sort it out.

Regarding the damage. Point it out and get them to make good the repair.

[nigw]

If the car was bought from a garage they must provide you with a minimum of 3 months warranty, let them sort it out.

Regarding the damage. Point it out and get them to make good the repair.

Not correct at all unfortunately! They're bound by the sale of goods act for 3 months, but I'm not sure you'd manage to get the aircon fixed under their obligations.

[Degudodger]

SOGA states, amongst other things, the car must be fit for purpose and if it is advertised with certain feature it must work. Any warranty offered is simply an extension of your right under SOGA but the garage is obliged to offer a minimum of 3 months warranty outside of acceptable wear and tear.

[hendosyndrome]

Cheers.  I have a Warranty description that says (paraphrased):

"The actual breaking or burning out of any of the parts listed below...anything not listed is not covered:

Engine
Gearbox
Differential
Front Wheel Drive Units
Drive Shafts
Propeller Unit
Suspension"

Its a signed document, with my signature on the stipulates: "I have inspected the vehicle and am satisfied with the overall condition" and that I accept the terms above.

There's no mention of bodywork being covered or other systems within the car, including air con.

Have I stitched myself up a bit or is this piece of paper about as legally binding as a Mr Men book?!

[Tortaruga]

You'll get nothing from that warranty. They are practically worthless.

[hendosyndrome]

So...I'm screwed because I signed the piece of paper?  Assuming that SOGA not be brushed aside because of signing it though?

[Tortaruga]

anything not listed is not covered:

Engine
Gearbox
Differential
Front Wheel Drive Units
Drive Shafts
Propeller Unit
Suspension"

Its a signed document, with my signature on the stipulates: "I have inspected the vehicle and am satisfied with the overall condition" and that I accept the terms above.

There's no mention of bodywork being covered or other systems within the car, including air con.

^^^This answers your question.

Anyway let's hope the garage are decent and give you a good deal on the pump.

[Degudodger]

Nope. The warranty is just an extension of the SOGA, signing the warranty means nothing. Its like if the garage put sold as seen or now warranty they are trying to circumvent their obligations which is frowned upon by trading standards and the small claims court.

[Degudodger]

http://www.consumerrightsexpert.co.uk/BuyingAUsedCarYourRights.html
http://oft.gov.uk/OFTwork/consumer-protection/campaign11-12/kycr/buying-a-used-car/#.U35g4haQSgE

[hendosyndrome]

Thanks folks, I appreciate your help.

[DDM]

Did you hpi  check the car?

[hendosyndrome]

HPi check came back clear but that doesn't mean anything...does it!!!

[DDM]

I've viewed several cars in Leeds and Bradford over the years, and not bought one, if I see the dialling code 0113 or 01274 I don't even bother now.

[h45gti]

I would contact the dealer where you purchased it from and get them to correct everything that's wrong with the car, I've had a similar experience also mate, ring them up, take it back to them, arrange etc what ever needs to be done, don't pay a penny mate, make sure everything's is fixed, and also make sure to check everything else aswel, get a second opinion if you can like someone who can inspect it for you and see if there is anything else wrong/ faults with the car because eventually more things may pop up and only make the experience worse ive had to deal with it my self,

oh yeah get them to do diagnostics etc, , get a garage or someone experience to check the boot also where the spare tyre is, sometimes you can tell if there was any serious damage from a rear collision by looking at the boot spare tyre area where they may have repaired things. im not fully clued up on these things my self but from experience and uncles ive learnt this lol