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Where do I legally stand?

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Old Aug 20th, 2019, 11:20   #31
Zebster
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If there's any kind of steering fault then the dealer you bought it from is responsible for fixing it, whether it might pass an MoT or not... Same as any other fault that might not affect the MoT such as, say, the aircon not working properly. It's not just about whether it's good enough to pass an MoT, it's about them selling a car with a fault (that apparently they were aware of).
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Old Aug 28th, 2019, 18:26   #32
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Update time... Well, not really one to give. He won't budge on his 30% plus vat. I don't want to giv the car back and if I take him to court it's likely to cost me the same if not more than what it would to replace. Currently with work, health and 3 kids I just need to get it done so I'm going to swollow the bill. It's frustrating. Spent ages on worrying about conveying my expanding family to now be worrying about all this. There's a lesson to be learnt here, unfortunately I'm too busy to see what that is!!
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Old Aug 28th, 2019, 18:37   #33
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Each to their own, and perhaps understandable given your circumstance & time constraints.

Personally I would have just rejected the car and found one without the issue. After all, you mentioned on your very first post that you had driven 150 miles and then returned to the dealer who agreed the steering rack was on its way out.

and the handbrake non-existent on purchase after the MOT done in June?

IF it was me, I'd get it MOTd somewhere else now as a sanity check.

Last edited by MG68; Aug 28th, 2019 at 19:02.
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Old Aug 28th, 2019, 18:56   #34
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Sometimes better the devil u know -if u like the car then you are getting new steering rack for 30% discount so a positive out of a negative . hopefully garage has website to tell others of your experience and let garage owner know this is what u will do I.e. write exactly how you were treated and let the reader form their own opinion. Hopefully he will realise this will not reflect on them well and up his discount.
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Old Aug 28th, 2019, 19:14   #35
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Better the devil you know? The OP has only had the car a matter of weeks though?

Steering rack faulty which he has to majority fund and the handbrake inoperative soon after MOT.

I was under the impression the OP had paid strong money for this - red flags possibly - what else is wrong?

Hence the get it MOTEd elsewhere NOW.

Just my humble opinion.
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Old Aug 30th, 2019, 17:05   #36
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Bad move. OP remains badly out of pocket, and that's one more trader successfully getting away with it. Send him the small claims form and give him 7 days to agree it you'll submit it to the Court - he will fold, simply because he hasn't got a legal leg to stand on and he knows it.

Just as an aside, who diagnosed the rack as being at fault? It's not unknown for pumps to fail, and even more common for the pipes to crack and allow air into the circuit causing all sorts of weird noises and sensations. Rack failure itself is very rare on these.
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Old Oct 2nd, 2019, 18:46   #37
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Here's the actual legal aspect which a couple of folk have almost got totally correct.
Any warranty offered by a dealer is in addition to your consumer rights. Any defect identified within six months of purchase is assumed, by law, to have been present at the point of sale. You don't have to prove it and the dealer can't deny it.
You HAVE to give them one attempt at fixing the defect(s) at NO cost to you. If they refuse or fail to do so then get that documented.
You can then get it fixed at a garage of your choosing, which you'll have to pay for, and then claim it back - through small claims court if necessary.
This all works. An independent dealer had to stump up 1,200 plus for a car of mine when they refused to fix it free of charge.
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Old Oct 2nd, 2019, 22:02   #38
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Sale of goods act. If you buy from a trader the goods have to last a reasonable amount of time. A few months is not reasonable. There is no legally defined time. Eg a tomato you would expect to be good for a few days. A stainless steel table - a few years
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Old Oct 2nd, 2019, 22:11   #39
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I have a less serious but similar issue - bought my 2008 XC90 from a small local independent dealer only three weeks ago - it drives very well, dealer has sorted several minor issues I noted at the time of sale as well. BUT I noted that the hand / footbrake does not hold the car at all, not even slightly. The car was MOT'ed on 10 September.......no advisories. Checked online. It has failed in the past on the hand / footbrake, 2015 I think, on checking MOTS.

I contacted the dealer in writing about this and was told it was a "known problem" and "all xc90'S have this problem", he then contacted me to say the local Volvo specialist (he gave their details) had advised there was an "upgrade" available. (but did not offer to pay for it to be done.).

Surely the parking brake has to work to at least minimum MOT standard? It does not work at all.........am I right in thinking the dealer has to repair this or that I can take it elsewhere to be repaired and claim the cost back from him? Is it worth all the hassle?
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Old Oct 2nd, 2019, 22:20   #40
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yes excessive travel of lever is a failure
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