Think I might've bought a duff car

[namesweb]

Hi all,

I'd love some advice on a car that I just bought.

I currently own a nice BMW 3 series, which I've decided to sell as I need something a bit cheaper (money to put into my small business), as well as something that is substantially bigger to enable my exhibition & market stall items to be lugged about), and being unable to put the seats down in the bmw was the clincher. The plan was to sell that (even webuyanycar if private sale didnt work) but buy something first so I wasn't putting excess mileage on the existing car.

Exactly 10 days ago I found a car on Autotrader, from a small dealer, which had done 87k miles, seemed like it was in good general condition (except needing a bit of interior TLC), which I decided to go for. I did a full test drive, I checked under the bonnet, I checked the oil, made sure all the dials and buttons worked, that there was no weird noises from the engine, etc but over the last 10 days I've found more and more problems that have seemingly been hidden under the surface.

I paid the full balance using my Visa Debit (Nationwide), and they agreed (reluctantly as I negotiated the price down from list of £5k to £4.5k) to give me a 3 month warranty on engine and gearbox only.

1) The engine has begun making this weird cooling down sound for about 3 seconds that has gotten continually louder and longer in length over the 10 days I've had it. It started after about 5 days, but I figured it might just be the thing cooling down (my old honda used to do that ticking). Not a huge issue on its own as cars do this and it's well known on older models (this is an 08 plate so not horrifically old).

2) There is suddenly a new whirring/whining sound (not massively loud but noticeable when driving above road noise etc) developed when in gear 4, which wasn't there when I test drove (I drove with all windows down, and went through the gears to hear for knocks or any weird noises, and there was nothing).

3) This last weekend there was some rain, and I woke up this morning to find my interior light in the rear view mirror bit bit full of water and leaking/dripping water, and the rear passenger footwell completely soaked through too with a puddle in it. All seats seemed fine so it seems like water has run down the side panels from the sunroof or something.

4) Finally, and for me this is the final nail, as I was driving home today, something went (I felt it through the pedal) and I lost quite a bit of power on my way back. I tried accelerating but I got no real response. I was able to maintain speed with my foot down hard on the peddle, but no increase in speed.

What should I do? I've read I've got rights to take the car back and ask for a refund, but I can't see them just rolling over and going 'sure here you go heres your money back', but the car really doesn't seem to be as described. It has a new MOT which had no advisories, but because of the age and mileage are the above issues just par for the course and I should take the hit?

Should I take it back and ask for a refund, or give them the chance to fix it? Frankly if I do that I won't be surprised to be stung later when new issues come out of the woodwork - I've essentially lost a lot of faith in this car and it's ability to safely, in a way that protects me from the outside elements, get me from A to B without leaving me stranded one day. I've signed paperwork to say that I've had a chance to inspect the car, but that my rights under the consumer act 1979 are unaffected etc.

Help highly sought after and appreciated.

Thanks!

 

[profitxchange]

I would suggest you need an independent inspection of the car otherwise its your word against theirs.

 

[Chris Ashdown]

Contact your local trading standards for advice but probably not fit for purpose will be the argument, i doubt you have a right to a refund but will have one to repair and make good. Alternatively contact your card company and tell them about it, may help with independent survey by say AA or RAC

 

[Xtm_Mike]

MOT doesn't mean squat these days, i've seen cars pass with major faults.

Most dealers have close relationship with local garages to send cars their way and will get an MOT certificate fairly easily and quickly regardless of condition.

It is illegal to sell a car that is not fit for purpose you just need to prove it was like this before you bought it... I've been in a similar situation with a duff car, tried everything I could to resolve the issue but they got away with it.

 

[The Byre]

Learn how to spot a clocked car! Tatty interior sounds dead-clocked!

This sounds like a classic clocked car. What make and model are we talking about? Most larger Diesel estates are clocked and 10k p.a. is not a realistic mileage for a large diesel estate.

Water coming in sounds like it could be an accident rebuild and the windscreen and/or sunroof was not fitted properly.

Are the door and wing gaps perfectly parallel?

 

[JEREMY HAWKE]

I would have an AA inspection on it and then they wont be able to argue about any faults you may have
Your loss of power without seeing the car or even knowing it has me guessing it may be a turbo and you dont want be replacing that it could be just the ERG valve sticking but you never know !

I thought 08 was a fairly new vehicle until last week . I was in breakers yard in Essex and they were breaking up 5 year old trucks as their repairs had become unviable

 

[Root 66 Woodshop]

if it's off a fore-court then you take it back tell them it's not fit for purpose and you want it either fixing or your money back.



https://www.moneyadviceservice.org.uk/en/articles/your-rights-if-something-is-wrong-with-your-car

 

[quikshop]

if it's off a fore-court then you take it back tell them it's not fit for purpose and you want it either fixing or your money back.



https://www.moneyadviceservice.org.uk/en/articles/your-rights-if-something-is-wrong-with-your-car

This. Return the car as not fit for purpose and demand a full refund. Take a witness, ideally someone with some professional standing.

We've just helped a similarly disappointed car buyer on a niche forum who got a full refund from the dealer. Took a lot of persistence, turning up at their busiest times, constant pressure but in the end they caved in.

 

[Paul Norman]

Of course, having not mentioned the matters to the dealer at all, nor given them any opportunity to put matters right, and just turning up demanding a refund, is a bit heavy handed.

If you go back, and they wont listen, then you might have a case to do that. But this fault might be relatively fixable, and they might be willing to fix it. The car may, in fact, be fit for purpose with relatively small amounts of work.

The power loss is the only issue here of any relevance - the other matters are just a serious of odd noises based on the above. The power loss is a clear fault. Which they ought to fix.