Where do I stand?

Rhyswh

Active Member
Sep 14, 2018
36
4
Just bought a '54 Leon Cupra from a second hand dealer. There were a few delays in getting the car ready for me but eventually I got it last Thursday. Came with a clean MOT and a service stamp in the book including an Oil change. So it was quite a suprise on my way home from work yesterday that the low oil level light came on. Checked the level and it was very low! I'm worried the garage have just stamped the book and not actually serviced it at all, which then makes me worry about the MOT carried out.

I'm going to contact them tomorrow to discuss but where do I stand with this? Is it reasonable to challenge them and request they pay for a service in a garage of my choice?
 

Jimbobcook

Moderator
Staff member
Moderator
Nov 24, 2012
6,149
2,531
Just grabbed this off thee old Web...

Take it back and get them to fix it I doubt they will let you take it to another garage though of they have one themselves...

Faults, repairs and refunds
Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.

Between 30 days and 6 months
If a fault comes to light after 30 days but before 6 months you’re entitled to a repair, replacement or refund.

  • It’s assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.
  • Unless you’ve agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you’re entitled to a refund.
  • In the event of a refund following a failed attempt at repair during the first six months the seller may make a 'reasonable' adjustment to the amount refunded to take account of the use that you’ve had of the vehicle.
 

Legojon

I only wanted a remap
Staff member
Moderator
Jul 7, 2015
5,284
2,713
Is it reasonable to challenge them and request they pay for a service in a garage of my choice?

I think so. The oil would have to be really low to put the light on. If I'd just had a service, I'd expect the oil level to be resting on the max line. Although I'd settle for anything above 3/4.
 

'& Son' managed

Third Party
Mar 2, 2018
269
89
South Coast
It's possible that they drained the oil and replaced the sump plug but a single human error resulted
in someone forgetting to re-fill the engine with fresh oil. Shouldn't happen, but sometimes it does.

It's rather concerning that the warning light wasn't picked-up on the test drive they should have
done afterwards, or at least had someone else check the work done.

If the engine oil level is the only thing that looks 'wrong' then maybe that's the whole explanation
and if they are embarrassed/sort it right away then you could say there's no real harm been done.

If however, the oil filter looks old, the air filter not fresh, other fluid levels not correct then obviously
it wasn't 'serviced' at all and/or their attitude stinks, then you shouldn't let them fob you off.
 
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Rhyswh

Active Member
Sep 14, 2018
36
4
Spoke to the garage today. From the way he reacted I'm pretty sure I've caught him out. Think he just stamps the book without actually servicing cars. He gave me a feable excuse and has agreed to pay for a full service at my local garage at a price of £226! He tried to split the price with me which I refused, there was no argument from him which says a lot I think.
 

'& Son' managed

Third Party
Mar 2, 2018
269
89
South Coast
Spoke to the garage today. From the way he reacted I'm pretty sure I've caught him out. Think he just stamps the book without actually servicing cars. He gave me a feable excuse and has agreed to pay for a full service at my local garage at a price of £226! He tried to split the price with me which I refused, there was no argument from him which says a lot I think.

It certainly says that he wants to avoid being reported to Trading Standards - reads as if they could have a field day with him if it transpires
that he does this sort of thing by habit on other cars as well.

Don't want to dump the possibility of more bad news on you, but was you able to trace your car's mileage from old M.o.T. records or service history? Reason I ask is he may dabble in clocking mileage also - and the Trading Standards guys really like getting their teeth into one of those if they catch one.
Hopefully that's not the case, but if he can do one dishonest thing...
 

Legojon

I only wanted a remap
Staff member
Moderator
Jul 7, 2015
5,284
2,713
Spoke to the garage today. From the way he reacted I'm pretty sure I've caught him out. Think he just stamps the book without actually servicing cars. He gave me a feable excuse and has agreed to pay for a full service at my local garage at a price of £226! He tried to split the price with me which I refused, there was no argument from him which says a lot I think.

Wherever you take it, I'd also ask them to give it a look over and see if they can spot anything else amiss.
 

Rhyswh

Active Member
Sep 14, 2018
36
4
Got the car serviced today. Asked the garage to have a look round the car. A few issues came up, definitely things that should have been advisories on the MOT. My main concern is that the gearbox is leaking, garage wasn't sure from where as the whole box is caked in oil which worries me!

A few other things, rocker cover gasket leaking slight including into one of the spark plugs . Will sort this out asap. Exhaust hanger broke and back box in poor condition. Inner edge of front tyres worn.

The only one that really bothers me is the gearbox leak. They said they couldn't change the oil because someone butchered the plug for the gearbox so needed a replacement before getting it out.

Not sure what to do now, none of them are mot failures I guess but had I've known before getting the car I probably wouldn't have bought it!
 

R3k1355

Active Member
Oct 30, 2014
1,778
247
Yorkshire
New plug won't be much, probably half hour to fit it. Tough to blame that one on the dealer, might not be something you'd notice unless you were actually filling the gearbox oil.

You could still approach them for payment, by all rights you could leave the box alone, let it fail and they have them pay to fix that instead.
 

Rhyswh

Active Member
Sep 14, 2018
36
4
The plug isn't the issue though, it's the leak that concerns me! At the moment the gearbox is leaking oil from an unknown spot. I do have 3 months warranty but not sure if leaks are covered. My take on it is that the mot put on by the dealer is not an honest one. Things that should have been on there as advisories are not and it's only because they didn't check the oil level when they put the imaginery service on that this has all come to light.
 

Legojon

I only wanted a remap
Staff member
Moderator
Jul 7, 2015
5,284
2,713
If you have 3 months warranty, I'd take it back and ask for all of it fixing. To me, if the gearbox is leaking that badly, it's not fit to drive off the forecourt.
 

Mr Pig

Active Member
Jun 17, 2015
2,614
906
Finding honest independent garages is a nightmare. Most of them are poor and some are total crooks. My take is that I would never buy a car from one unless I knew them and knew they were straight.
 
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