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Rejecting a car back to dealer - no warranty

3.8K views 30 replies 7 participants last post by  Clare 'Dave'  
#1 ·
Hi All,

I posted previously about my very pretty (black with pink glitter) XF luxury premium 59 plate having a few little quirks.

One of which I was told about by the dealer, the fact it said it was low on fuel when it wasn't. In fact he said it was 'the only one he could find'.

I took it to my regular garage who I have used for 20 years or so and trust implicitly, to get the fuel problem seen to.

I cried when they said their diagnostics showed 77 fault codes, some of them serious, and a quote of ÂŁ4800 - alot of which were for investigations only. There is no service history online so that does include a change of cam belt. One of the faults is that the drivers side does not lock! (it was unlocked when I viewed it in the garage).

I am now very anxious about driving the vehicle with all these additional faults and wish to reject the car as it was not as described in anyway shape or form. The vehicle came without a warranty because of the mileage (146K). I have been told it can only be sold without a warranty if it's advertised as spares and repairs. Upon further investigation, it appears it can be sold without a warranty.

I have emailed the dealership to try and resolve this, but have not had any reply. I emailed again expressing concern that they have not acknowledged the numerous faults.

Other than telling me where I can buy tissues wholesale, could anyone give me any advice at all please.

TIA

Clare
 
#4 ·
Hi @t0m4ever, thank you. Yes my garage suggested I go down that route if need be. But have been also looking at Resolver. I'm just confused why the dealer wouldn't come back and say 'sh*t, I'm so sorry! I had no idea' instead of ignoring the fact they have just sold a potentially unsafe vehicle. I've never been through this situation before, so am completely in the dark. :'(
 
#5 ·
Sorry about your troubles that really does sound a pain.
If you paid cash Ombudsman or trading standards but I was taught in college call them ombudsmouse. Too timid.
If you paid by Finance there ya go. Contact them. If you paid by Card. Get the Visa gaurantee.

Never get a car from a dealer in cash or bank transfer.

Good luck hope it works out soon.
 
#6 ·
Addition.
Sorry Dave was short and to the point. Was tucking into my chips typing one handed.
Neglected to Welcome you here too. Sooooo Welcome Dave. I really hope you get it sorted.

Did the reciept say "trade sale" or "sold as seen" The term "No warrenty implied or offered" doesnt stand
 
#7 ·
Paid bank transfer as he said he didn't take debit cards........ :'(
Did not say either trade sale or sold as seen, nor anything about the warranty.
Surely regardless of payment method, the fact it shows 77 faults when he said he only 'found' one? Inferring he actually looked? One of the faults was two bulbs not working. :-(
But thank you for the welcome - everyone has been very kind with my girl type decisions with a pretty car.
Considering my nickname is Dave because I'm quite handy with power tools - I am completely rubbish with cars. :)
 
#11 ·
Hello & welcome.

yes, as above you have certain rights, look at Consumer Credit act 2015, Google it for car sales. You will need to give them one opportunity to fix the car, otherwise you are then entitled to reject it. Citizens Advice may also be able to help. Document everything, and be polite but firm.
 
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#12 ·
Having reread your initial post I would like to add 77 fault codes don't necessarily mean anything serious or current issues
I would also like to ask did you receive a bona-fide receipt or did the sales person conclude the sale in the pub car park ? in my eyes all legit and above board garages take credit card payments if it doesn't that would be a red flag
straight away
 
#13 ·
The law is pretty clear.
Cars should be roadworthy, reliable and able to be used as you would expect, such as for short or long journeys.

If a car develops a fault within the first 30 days of purchase, it is under statutory warranty and the buyer can simply reject it and return it to the dealer for a refund.

If a fault emerges between 30 days and six months from the date of purchase, the law assumes that the fault was pre-existing and, unless the seller can prove otherwise, the vehicle is still protected by statutory warranty. Here, the seller has one chance to fix the problem. If they do not manage to do that, the buyer is entitled to a refund, which may be less than the original purchase price to account for the time during which the car has been functional.

After six months, the automatic protection of the Consumer Rights Act 2015 expires. It is up to the buyer to prove that there was a fault with the car at the time of purchase if they want to pursue a dealer for a claim to repair a fault.

Note that the statutory warranty on a used car only applies here to cars bought from a dealer. Private purchasers enjoy none of this protection and the rules for cars bought at auction will depend on the particular auction house, and whether it was online or not.

You're well within your right to reject the car, or at the very least, give them the opportunity to put it right. That said, it depends on fault to fault. So door lock would be covered but cam belt won't be (IMHO). Other faults would be subject to the same scrutiny as the car doesn't need to be perfect, just "Cars should be roadworthy, reliable and able to be used as you would expect, such as for short or long journeys." so I suspect many of the 'faults' whilst annoying wouldn't be covered and would be down to you to resolve.

In any case, that's the law. Reality is another thing entirely unless you're prepared to sue.
 
#15 ·
Thank you, and I appreciate your honesty. I get that the 77 faults could all be taken off and I could just get them sorted one by one as they reappear. Cam belt - that might not be necessary - but with no service history it was included. I have delved a little deeper today as when I originally searched I saw the 4.7 stars on their reviews. On their page.
It seems that they are either 5 stars or 1 star. The 1 stars are all for faults where the dealership has been completely dismissive and ignored any request to rectify the situation.
They did reply, was going to post the email and my response, but didn't know if I was allowed to show the dealership name?? Can anyone advise?
 
#23 · (Edited)
If that list were current and valid, the car would be at the side of the road with steam coming out and the doors falling off.

That looks like years of codes stored up. Which your garage should have told you.
Every car triggers codes from time to time. 99% of the time they're fine to ignore and only those that keep coming back or are related to an actual experienced issues are worth taking further.
Low battery on XFs (and any XF in the used car system will certainly have had a low battery) will cause erroneous fault codes to pour out. If it's running well, (and I assume you'd not have bought it if it wasn't) I'd not take any notice of any of them at this point.
Clear them down, run it and see. (which is what your garage should have told you - hence I'm currently more suspicious of your mechanic than I am your dealer).

It's all a matter of degree. If my car throws a fault that puts the warning on, my first reaction is to clear it. If it comes back, then straight to the workshop. I had one a few months back. "Restricted Performance" - read the code, cleared it and ... never seen it again. And this on a car that spends at least 8 hours a week at well over 70 on the motorway and under full acceleration on slip roads. It's 12 years old now and has 116k on the clock.It's just back from service. They have a standing instruction, whatever it needs, do. Came back - new oil and all filters - nothing else needed. The fact I had a restricted performance error a few months back? Forgotten.

Show me a taxi that doesn't have the EML light on. yet they still run perfectly well and reliably.

Ignore those codes, they're meaningless at this stage.
 
#26 ·
Any serious issues should pop up in a 30 minute drive, and when I say 'pop up' I mean you'll know without reading the codes. Loss of power, misfires, judders etc. General poor running.
I'd test it out - so slow traffic crawling, steady cruising, motorway speeds and a number of foot to the floor acceleration tests. If the car continues to run sweetly then I'd give it no more thought.
You could get the codes read again, just to be safe but as above, sometimes codes just appear randomly and you must be sure that the battery is healthy first or the first time you start it, a load of codes will re-appear and all bets are off.
A lot of the above codes look like low power to me
things like
U0159-00 Lost communication with parking assist control module. Intermittent
U0197-00 Lost communication with telephone control module. Intermittent
U1A24-00 MOST ring complete, no communication. Intermittent
B1081-00 Left temperature damper motor Intermittent
B1082-00 Right temperature damper motor Intermittent
B1085-00 Defrost damper motor Intermittent
B1086-00 Air distribution damper motor Intermittent
B11ED-96 Electric heater control module Intermittent
B11F8-00 Left outer air vent Intermittent
B11F9-00 Left inner air ventilation Intermittent
B11FA-00 Right inner air ventilation Intermittent
B11FB-00 Right outer air vent Intermittent
U0010-88 MS CAN communication bus History
are all most likely low voltage issues.

so if the battery is anything over 3 years old or it's a cheapie, probably best to budget for a replacement too.
 
#30 ·
ÂŁ15 for someone to drag the old battery out and put the new one in sounds like a bargain to me, it's a bit of a hateful job what with where it lives.

Just make sure you give the X250 time to fully shut down before disconnecting the battery.