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I bought a 63 cat d vauxhall insignia from a dealership.Upon buying the vehicle I was made aware that a service light was displaying on the dashboard but was told that it probably only needed a reset … Read More
Glj76 Avatar
4m, 2w agoPosted 4 months, 2 weeks ago
I bought a 63 cat d vauxhall insignia from a dealership.Upon buying the vehicle I was made aware that a service light was displaying on the dashboard but was told that it probably only needed a reset as the car was self serviced by the previous owner.Everything else with the car seemed fine and was sold with a 3 month gearbox and engine warranty.I received delivery of the vehicle on the 6th March and found out that it was the electronic brake service light.I managed to get the car into a reputable Garage on 10th March to diagnostic the problem.Later I was given the advice by the garage to return the vehicle as closer inspection revealed a mess of electrical wiring that had been done under the vehicle (which they gave me photos of which included modules not connected to anything and cut wiring) and that as it was would give me more problems in the future.On returning the vehicle the electronic parking brake ceased working and upon getting to the dealership I asked for a refund as in my opinion the car was unsafe and not fit for purpose or safe.I was told by the seller that he needed to find out what his rights were as it was the first time he had sold a cat d vehicle and at times tried to insinuate that the garage had deliberately sabotaged the electrics as parking brake was working when he delivered and there was no loose hanging wiring when it was sold to me.I ended up giving him the keys back (which i recieved an email confirming this)for the vehicle so he could take it to a auto electrition to look at and we could both find out what our rights are in the mean time.Any help would be appreciated especially anyone in car sales and consumer rights knowledge,thanks
Glj76 Avatar
4m, 2w agoPosted 4 months, 2 weeks ago
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If the electronic brake service light was lit and not just a service schedule light, I would argue you were misled. Seen so many ads with abs light lit mentioned. These lights are MOT fails now, and can cost a fortune to fix. If it's an MOT fail the car isn't fit for the road IMHO. I'm sure the consumer rights act 2015 has extra protection for buying cars and the right to reject. If someone has butchered the electronics the dealer who sold it should have informed you. A private individual may plead ignorance but a dealer? Hope you get it sorted, if you've formally rejected the goods then you've at least started the right path.

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Responses/page:
#2
Email the ceo
#3
buying and accepting the car with issues you were made aware of is going to be difficult to get sorted unless someone shows goodwill, the fault really lies with whoever repaired the vehicle and clearly bodged it
#4
ytfc_nick
Firstly if you were genuinely trying to be helpful then I apologise.
But I'm pretty sure every person who posts on here knows how google works and I'm sure the OP is familiar with websites like Which that give consumer rights information. I can't speak for the OP but I'd hazard a guess that he/she was just wondering if anybody knew anything that would help him/her with their specific case.


I thought that instead of relying on well intentioned "hearsay" help it would be easier to get correct info.
No offence taken.
It's important, that he gets several ideas, then he can choose the correct course of action for him.
#5
paulch
buying and accepting the car with issues you were made aware of is going to be difficult to get sorted unless someone shows goodwill, the fault really lies with whoever repaired the vehicle and clearly bodged it

I understand I was made aware of the light issue but when finding out that the electrics are a mess surely that should mean that the car was not fit for purpose or unsafe in the first place but just trying to find out exactly were I legally stand.
#6
I am looking at it more from a safety and not fit for purpose point of view.
Imagine buying something from a second hand shop and was told only damage was superficial or faulty light you take it to a repair shop and they diagnose that the light not working was that electrics are bypassed and cut internally and continuation to use it could lead it to explode of other safety concern.Surely then the item is not fit for purpose even though I was made aware of an existing fault?
#7
How much was the car- as a matter of interest
#8
You knew it had suffered damage because it was a Category D. Did you ask what damage the car sustained? Where were the works carried out? What parts were replaced?

I would assume your best option is to seek legal advice. Some car or house insurance polices gives access to free legal advice. Check yours to see if this is the case. Or you could go to Citizens Advice or Trading Standards.
#9
bearcat
You knew it had suffered damage because it was a Category D. Did you ask what damage the car sustained? Where were the works carried out? What parts were replaced?
I would assume your best option is to seek legal advice. Some car or house insurance polices gives access to free legal advice. Check yours to see if this is the case. Or you could go to Citizens Advice or Trading Standards.
Cat d incident happened 3 months approx 3 months after being registered in Dec 13.Car as been on the road for last 2.5 years was told car had superficial front panel damage.
#10
Say you have changed your mind and can you have the car back as the local paper want to do an article about rogue traders.
#11
memmmememe
How much was the car- as a matter of interest
In the thousands over 5
#12
drtongue
Say you have changed your mind and can you have the car back as the local paper want to do an article about rogue traders.
As far as I understand under the consumer rights law 2015 I can't necessarily change my mind and get a refund there as to be another reason such as not fit for purpose or trader deliberately held back info.Just trying to assitain that the electrics problem would fall in that category.
#13
All I am after is clear clarification as to the consumer rights act in 2nd hand vehicles.I can agree that I may have been naive in purchasing vehicle without more background info on it but that shouldn't effect what law states as a buyer from a shop or dealer what my rights are.Dont have a agenda with the dealer just trying to find out where I legally stand in this scenario so other people in a similar situation can know as well
#14
You would hope there would be one 2nd hand car dealer on here who would know what a buyers consumer rights are in this position.Even went to a Vauxhall dealer to see if they knew to which the automated reply was is it not in warranty,proves how little the sellers of these things actually know or don't like telling you.
#15
Glj76
You would hope there would be one 2nd hand car dealer on here who would know what a buyers consumer rights are in this position.Even went to a Vauxhall dealer to see if they knew to which the automated reply was is it not in warranty,proves how little the sellers of these things actually know or don't like telling you.


Did you ring vauxhall head office on this and report the dealership. The longer you keep the car the happier the garage will be. Vauxhall wont be happy with this - 5K is a lot of dollars.

Edited By: memmmememe on Mar 12, 2017 11:25
#16
ring the AA / RAC and get the view from the people who do the car inspections?
#17
dealership? Do you mean a real vauxhall dealer, general dealer or backstreet trader?

The 3rd party warranty is a red herring and irrelevant, the responsibility is the sellers.
#18
My other post dispappeared - ring Vauxhall HO - post on their facebook page, twitter etc.Vauxhall HO wot be happy about this - the longer you keep the car the dodgier it looks for you.
#19
A vauxhall dealer wont be selling cat D cars.

Post on moneysavingexpert in the mortoring forum. I think you have 30 days to reject the car from purchase date so i'd get the ball rolling.
#20
Does seem very strange that an actual Vauxhall dealer was selling a Cat D car, but if that was the case you should either take it up with their head office (as most dealerships these days are part of larger groups )or with Vauxhall themselves . If you paid a deposit or full amount on a credit card you may also have some come back there. I would also approach Citizens advice online for advice https://www.gov.uk/citizens-advice-consumer-service.
#21
#22
Sorry for it to come across that a vauxhall dealer sold me the car just meant i went to one to verify if they knew what my consumer rights are as you would assume as a car seller and dealer they would know.Also the sales rep who sold me the car used to work at that vauxhall dealership.

Just to verify i didn't buy from a vauxhall dealer
#23
If the electronic brake service light was lit and not just a service schedule light, I would argue you were misled. Seen so many ads with abs light lit mentioned. These lights are MOT fails now, and can cost a fortune to fix. If it's an MOT fail the car isn't fit for the road IMHO. I'm sure the consumer rights act 2015 has extra protection for buying cars and the right to reject. If someone has butchered the electronics the dealer who sold it should have informed you. A private individual may plead ignorance but a dealer? Hope you get it sorted, if you've formally rejected the goods then you've at least started the right path.
#24
Glj76
bearcat
You knew it had suffered damage because it was a Category D. Did you ask what damage the car sustained? Where were the works carried out? What parts were replaced?
I would assume your best option is to seek legal advice. Some car or house insurance polices gives access to free legal advice. Check yours to see if this is the case. Or you could go to Citizens Advice or Trading Standards.
Cat d incident happened 3 months approx 3 months after being registered in Dec 13.Car as been on the road for last 2.5 years was told car had superficial front panel damage.

I've purchased cat c and d cars in the past with little damage due to age
But written off within 3 months of rolling off the forecourt ..... I'd have walked away , sorry
I'd be taking the car back if it's not safe and getting my money back
#25
Bradleigh
Glj76
bearcat
You knew it had suffered damage because it was a Category D. Did you ask what damage the car sustained? Where were the works carried out? What parts were replaced?
I would assume your best option is to seek legal advice. Some car or house insurance polices gives access to free legal advice. Check yours to see if this is the case. Or you could go to Citizens Advice or Trading Standards.
Cat d incident happened 3 months approx 3 months after being registered in Dec 13.Car as been on the road for last 2.5 years was told car had superficial front panel damage.
I've purchased cat c and d cars in the past with little damage due to age
But written off within 3 months of rolling off the forecourt ..... I'd have walked away , sorry
I'd be taking the car back if it's not safe and getting my money back

Bradleigh
Glj76
bearcat
You knew it had suffered damage because it was a Category D. Did you ask what damage the car sustained? Where were the works carried out? What parts were replaced?
I would assume your best option is to seek legal advice. Some car or house insurance polices gives access to free legal advice. Check yours to see if this is the case. Or you could go to Citizens Advice or Trading Standards.
Cat d incident happened 3 months approx 3 months after being registered in Dec 13.Car as been on the road for last 2.5 years was told car had superficial front panel damage.
I've purchased cat c and d cars in the past with little damage due to age
But written off within 3 months of rolling off the forecourt ..... I'd have walked away , sorry
I'd be taking the car back if it's not safe and getting my money back

Well the fact that it had been back on the road for around 2.5 years was making me think that it must have had a decent repair job.As I currently don't know if the electrics had anything to do with the cat d listing.Everything I am currently reading online at the minute leads me to believe I have a good case for a refund and have even emailed a solicitor for initial consultation even if it does cost £150 at least they should be able to confirm if I am legally in the right or not.
#26
liamf12
If the electronic brake service light was lit and not just a service schedule light, I would argue you were misled. Seen so many ads with abs light lit mentioned. These lights are MOT fails now, and can cost a fortune to fix. If it's an MOT fail the car isn't fit for the road IMHO. I'm sure the consumer rights act 2015 has extra protection for buying cars and the right to reject. If someone has butchered the electronics the dealer who sold it should have informed you. A private individual may plead ignorance but a dealer? Hope you get it sorted, if you've formally rejected the goods then you've at least started the right path.

Seems your spot on electronic parking service light was a mot fail from March 20 2013.So even without the dodgy wiring they have sold me a direct mot fail so unroadworthy.Plus the fact that you can be fined £2500 banned or/and have points on licence for driving a dangerous vehicle obviously put me in a position I was potentially breaking the law.Dont think they can now refuse anything but refund.Will update when I find out more hopefully sooner than later and hope this post helps other people in similar position.
Thanks for your input
#27
Have been looking for a small diesel for the wife to drive to work, have seen so many small time trade sellers on gumtree and eBay selling cars with the "minor" airbag, abs or similar issue, even the "probably just needs a reset." If it was just a reset they'd have done it themselves, the OBD devices to do it can be picked up cheap as chips, hence why I have 2, on in each car. There are some electronic devices to fool airbag issues on some cars but it's not a case of removing the warning lamps any more. If the devices are fitted the lamps must come on and go out in sequence, it can still be faked but the timing has to be right, an MOT tester isn't allowed to strip the car to look for things so there's still room for some cheats.
#28
Update, Issued Dealership with paperwork for right to refuse under consumer rights not fit for purpose.They had managed to take vehicle to an auto electrician who also agreed vehicle was not fit for purpose Basically dangerous.Then got Dealership salesman to admit he sold me the car with Electronic brake service light showing.Got both on video recording and also got proper work report and pictures from the initial garage inspection on Friday.Gave them 14 days for refund otherwise county court claim proceedings for cost of vehicle plus other expenses.Also got solicitor on standby if needed.
#29
Well done, hopefully you'll get all your money back before having to go through the courts. Even if you do, it's not that daunting and it's very possible they won't even turn up to contest. All the best.

Edited By: liamf12 on Mar 13, 2017 14:03: phone adding words!
#30
liamf12
Well done, hopefully you'll get all your money back before having to go through the courts. Even if you do, it's not that daunting and it's very possible they won't even turn up to contest. All the best.

I was contemplating in going to police with all evidence I have so far as obviously they sold me a car which everyone is saying was dangerous.Just not sure if it would help or hinder my claim.Knowing my luck police would probably charge me to admitting it lol.
#31
I'd guess that unless you'd been involved in an accident they won't do anything. Seen much worse on BBC watchdog, it's only really trading standards that may be interested. In my experience even they don't care about breaches of the consumer rights act. Look at the whole Hotpoint scandal, they've done next to nothing.
#32
Glj76
liamf12
Well done, hopefully you'll get all your money back before having to go through the courts. Even if you do, it's not that daunting and it's very possible they won't even turn up to contest. All the best.

I was contemplating in going to police with all evidence I have so far as obviously they sold me a car which everyone is saying was dangerous.Just not sure if it would help or hinder my claim.Knowing my luck police would probably charge me to admitting it lol.


police wouldnt help, this is a civil matter but anyway, sounds like you're on the right track. good luck, i hope you get your money back.
#33
Kind of understand that police wouldn't necessarily get involved in the consumer rights claim.Was looking at it more in the fact if I had been involved in an accident and the report found I was driving around with the parking brake service light lit I could or would be found guilty of driving a dangerous vehicle so would have thought that them selling it in that condition could be classed as a criminal offence also.Just a thought.
#34
Also could anyone give me any advice on wether I should have given them the log book on rejecting vehicle or keep hold of it and also I guess I am still legally bound to keep it insured and taxed until this is resolved even though I am not actually in possession of it.Any advice on this would be appreciated.
#35
Glj76
Also could anyone give me any advice on wether I should have given them the log book on rejecting vehicle or keep hold of it and also I guess I am still legally bound to keep it insured and taxed until this is resolved even though I am not actually in possession of it.Any advice on this would be appreciated.


until you get acknowledgement and acceptance of them taking the vehicle back, i'd keep hold of it and like you say, ensure it is taxed and insured (or sorned and kept off road but then it might be difficult to transport to the dealer)
#36
adamspencer95
Glj76
Also could anyone give me any advice on wether I should have given them the log book on rejecting vehicle or keep hold of it and also I guess I am still legally bound to keep it insured and taxed until this is resolved even though I am not actually in possession of it.Any advice on this would be appreciated.
until you get acknowledgement and acceptance of them taking the vehicle back, i'd keep hold of it and like you say, ensure it is taxed and insured (or sorned and kept off road but then it might be difficult to transport to the dealer)

The Dealer has already got the car and keys because they were having the car electrics checked by a 2nd auto electrician who also stated this morning that the car was not fit for purpose.So at this moment in time the vehicle and keys are still there.
#37
Theoretically though wouldn't my insurance be invalid anyway now that I know that in its current condition a Mot fail?
#38
Glj76
Theoretically though wouldn't my insurance be invalid anyway now that I know that in its current condition a Mot fail?
Now that you have done everything you should have and well done BTW - nothing else is worth worrying about. Your MOT/current condition question is just academic. I feel sure you will not be driving that car ever again so why worry about it? In fact, might be time to cancel your insurance on that car.
#39
tardytortoise
Glj76
Theoretically though wouldn't my insurance be invalid anyway now that I know that in its current condition a Mot fail?
Now that you have done everything you should have and well done BTW - nothing else is worth worrying about. Your MOT/current condition question is just academic. I feel sure you will not be driving that car ever again so why worry about it? In fact, might be time to cancel your insurance on that car.

I received email off the dealer this morning saying that they will refund money by cheque as that is the company policy upon receiving log book.Worried they might cancel cheque after they receive log book so asked if I could keep log book until clearance of the cheque.They have therefore asked for a copy of the log book.
#40
Glj76

I bought a 63 cat d vauxhall insignia from a dealership.Upon buying the vehicle I was made aware that a service light was displaying on the dashboard but was told that it probably only needed a reset as the car was self serviced by the previous owner.Everything else with the car seemed fine and was sold with a 3 month gearbox and engine warranty.I received delivery of the vehicle on the 6th March and found out that it was the electronic brake service light.I managed to get the car into a reputable Garage on 10th March to diagnostic the problem.Later I was given the advice by the garage to return the vehicle as closer inspection revealed a mess of electrical wiring that had been done under the vehicle (which they gave me photos of which included modules not connected to anything and cut wiring) and that as it was would give me more problems in the future.On returning the vehicle the electronic parking brake ceased working and upon getting to the dealership I asked for a refund as in my opinion the car was unsafe and not fit for purpose or safe.I was told by the seller that he needed to find out what his rights were as it was the first time he had sold a cat d vehicle and at times tried to insinuate that the garage had deliberately sabotaged the electrics as parking brake was working when he delivered and there was no loose hanging wiring when it was sold to me.I ended up giving him the keys back (which i recieved an email confirming this)for the vehicle so he could take it to a auto electrition to look at and we could both find out what our rights are in the mean time.Any help would be appreciated especially anyone in car sales and consumer rights knowledge,thanks

Personally I'd reject the car. You have rights for the first 30 days to refuse the goods. To me it wouldn't be fit for the purpose OR of satisfactory quality. Once 30 days have passed you lose the right to reject outright.

Go buy something else from a reputable dealer because he sounds like a right James Blunt

Edited By: xfaxfa on Mar 14, 2017 14:17

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