Motoring Discussion > Dodgy dealer Buying / Selling
Thread Author: brettmick Replies: 52

 Dodgy dealer - brettmick
At the start of the year my Mrs decided to give up work and look after the two kids full time as the cost of childcare was almost what she was earning for working 2 days a week.

In order to make sure we had enough money in the bank we did a car shuffle - the 6 year old Diesel RAV4 (on an ending PCP) went and was replaced by a brand new petrol Zafira (actually freeing up a chunk of cash) and the 3 year old Ceed I was using to go to work in was replaced with a 9 year old Mazda 3 (also freeing up a sizeable chunk of money as this had been bought outright).

I regret the Ceed decision now as the Mazda has proven a bit disappointing and now I am in a bit of a quandary.

The Mazda had significant wheel/tyre noise when the car went over 55 MPH (I test drove it in the wet up to 50 as that was the roads speed limit). As it had nasty ditch finder tyres I replaced all four thinking these were making the noise and the car got quieter but the noise remained and was then diagnosed as a wheel bearing. The air con also cuts out after 3 minutes use.

I emailed the dealer and told him and he said "claim on warranty sold with car" but they called a worn bearing "wear and tear" - no surprise. The warranty company also suggested that this sort of wear wouldn't have occurred after just 2,000 miles use from sale.

I had the bearing done (£240 - main dealer was £277) anyway and thought I would just swallow the cost but once complete it revealed two further bearings needing replacement.

At this point I emailed and wrote to the dealer who wrote back saying he wasn't going to spend money out making the cabin of a 9 year old car quieter.

I think he is in breach of SOGA as the goods are not of satisfactory quality and that he cannot prove the fault was not present at sale. I think I have a strong case as I don't think anyone would buy a car at the going price if they knew it needed 3 bearings and a new air con compressor unit no matter how old it is.

I have never had to run anything past the CAB or small claims court before so will give them a ring on Monday but has anyone got any nuggets of advice? I am wondering if I should get the work done then go to get the money back or go to the court first? Is claiming for bearings likely to be successful? If I have to pay out first I don't think I will bother with the compressor unless I know it will be paid for - it runs long enough to clear misted windows in the winter and I will just have to get hot for three weeks next summer.

I also have the man maths question - stick or twist and spend the money towards something much newer/nicer if the small claims court route isn't going to work. I haven't bought at this end of the market for 8+ years and am obviously out of practice - the Mazda is pretty ragged underneath and has some bubbling rust in places (although nothing unsightly from more than a metre away). VFM I know I should drive it until it expires - the MOT runs until February and I reckon it should pass (once the bearings are sorted) while the trade in value is peanuts.

Thanks in advance!
 Dodgy dealer - Zero
not sure what you are expecting from a 9 year old car. How many miles has it done?
 Dodgy dealer - Stuu
It is a 9 year old car, bearings go at this age, if you didnt expect it your expectations were too high.

I bought a 9 year old car too recently and it has some niggles but it has a manufacturer backed approved used warranty and simply would not have bought it without as they are still paying out while I am not - it cost them £800 just to get it into sale condition, that is old cars and high expectations in conflict and why many main dealers dont sell older motors - recon costs are so high vs profit margins.

I think you need to budget for these things buying at this end of the market unless you buy from a decent approved used scheme which you can milk without mercy AND make sure that before you buy it you identify any issues and make them condition of sale, I always insist on it and I always have it written into the order form before I pay a deposit.

Last edited by: FoR on Sat 28 Sep 13 at 21:48
 Dodgy dealer - brettmick
74,000 miles.

I guess I don't expect a car to be sold with three worn wheel bearings to a lay person "trusting" a dealer to sell a car fit for purpose? Thing is are my expectation out of line with reality or more importantly the SOGA and I am struggling to answer that question...
 Dodgy dealer - Number_Cruncher
>> three worn wheel bearings

Alarm bells are ringing Mick. Has the car been in deep standing water?
 Dodgy dealer - Dave_
>> Has the car been in deep standing water?

I lunched all four wheel bearings on a MkI Mondeo in around 2000, by driving through floodwater deep enough to soak the carpets.

I wouldn't expect a Mazda to need repairs like that at 74k, a relative ran a '99T Mazda 323F (previous model to the 3, both are Focus-based) to 120k miles with no trouble. My 50k '07 Mazda6 was certainly well put together, just too thirsty for me.
Last edited by: Dave_TiD on Sat 28 Sep 13 at 22:42
 Dodgy dealer - Stuu
>>I guess I don't expect a car to be sold with three worn wheel bearings to a lay person "trusting" a dealer to sell a car fit for purpose?<<

Why on earth would anyone trust a car dealer?

I get that you feel sore about having to spend money on it but I dont like your chances for getting any money back.

When was it last MOT'd?
 Dodgy dealer - -
9 year old cars are no problem if they are well made in the first place and built to be sensibly maintainable, such as many 80s and 90s cars were.

I have no experience of claiming via small claims or otherwise, sounds like the seller is yet another authur daley wide boy, he was responsible for the intial bearing failure anyway and the typical aftermarket warranty as usual is only for use as spare bog roll as he would have known.

The cost of the bearings is heavy, was this a rear bearing which is not replaceable on many mass produced cars now (even Yaris @ around £225 apiece for genuine) and comes sealed in a new hub, quite ridiculous but par for the course with much modern stuff.

Seems odd to me that two other bearings are failing as well, who is diagnosing them and how, i'd be getting a second opinion on this.

As for cars to buy, i'm fast coming to the conclusion that those post mid noughties cars with their sealed for life (pffft) units and computer rules everything are turning out to be just as expected, ready for the scrap heap by 10 years in many cases if not sooner.

If i was in your shoes Brettmick i'd decide purely on budget, if you want to spend a large amount of money again then obviously get as new as possible with as long a warranty as possible.

If you want to cut costs buy older unfashionable (Korean with the wrong image) cars with reasonable mileage for peanuts and run 'em into the ground, when they go pop rinse and repeat....or find some used parts from a breaker to fix your current Mazda and run that till it dies.
 Dodgy dealer - Number_Cruncher
There are some technical benefits to all-in-one wheel bearing assemblies

www.timken.com/en-us/products/bearings/productlist/integrated/Pages/FormedHub.aspx

While they are more expensive to buy, if you're paying a garage to fit the new bearing, the labour cost will be much reduced.

 Dodgy dealer - Fenlander
You do need to take a while to think this through.

I'm staggered at the cost of swapping a wheel bearing... are the other two going to be the same?

I assume the car cost about £2k and would suspect you will have real problems getting legal support to claim back £750 of wear and tear related work.

And then what if the noise doesn't go when these extra two bearings are done and turns out to be transmission related? Did it improve at all for the one they replaced?

You really need to know where you want to go with this car before spending any more on it.... and perhaps get a second opinion from a garage that can give you an overview on its condition and possible spend over the next year or two.

BTW the aircon could well be that its clutch needs re-shimming for a fraction of the cost of a whole new unit.
 Dodgy dealer - RattleandSmoke
You have to able to prove the car was faulty when you bought it and that is going to be difficult. Why is it costing so much to get the wheel bearings done? Had a couple done on my dads old bangers and we always had a lot of change out of £100. I think the last one was £50 on the Escort although that was five years ago!

Forget about man maths, I bought a Corsa which was also 9 years old, it seemed fine when I test drove it but from almost day one a spring snapped. A few weeks later the back box went, then it was the MAF sensor, then a front spring snapped. Everything was finally going well when I noticed the car was bouncing over speed bumps, checked the rear shocks and they were leaking. Another £100 gone.

I then had about 2 months of good trouble free use out of it, and the head gasket went. I had already spent close to £1000 keeping it the road so I got shot. It would have needed a new chain etc so the repair would have cost £700. If I had it fixed I would have spent close to £3000 just keeping an old Corsa on the road including the purchase cost.

In the end I bought a brand new Panda, which seemed mad considering I don't earn much but financially it was one of my better decisions. Three and a half years later I still have the car, and apart from servicing only thing I had to spend on it which were the cars fault was new brake pads.

My point is really some cars are just Friday afternoon cars, get rid of the Mazda now while you still can, unless you can get the bearings done cheaply. While you probably have a case under the SOGA I would imagine with 9 year old car the court might just argue it is reasonable wear and tear. You will probably have to get an experts opinion to say the bearings must have been faulty when you bought the car and all that costs money.

Did the car have a 12 month MOT when you bought it?
Last edited by: RattleandSmoke on Sun 29 Sep 13 at 09:51
 Dodgy dealer - RattleandSmoke
I am also not saying this is a Friday afternoon car because it needs wheel bearings as that is expected at that milleage, but just some purchases tend to be a bad car for the owner. My Corsa is 13 years old now is still on the road, I sold it to a trader who was going to fix the head gasket, so for the new owner with all the money I spent on the damn thing they will probably have bought a good car.
 Dodgy dealer - R.P.
Two links for you :-
www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e.htm

CAB advice on buying used cars.

CAB advice on Small Claims Court.

www.adviceguide.org.uk/england/search.htm?query=Small+CLaims


Small Claims is easily done from the comfort of your own home.



 Dodgy dealer - Fursty Ferret
Small claims court doesn't need specialist legal representation or significant costs. Found on the balance of probability, so you don't even need to be especially convincing. Worth a punt. Even if you lost, you can only be lumped with reasonable charges. Chances are it won't get that far anyway.

If you spent. say. £2000 on the car you wouldn't expect to have to spend half of that again on repairs after a couple of months.

Of course, even if you win you've got to get the dealer to pay out or complete the repairs, and if they decide not to pay there's not much you can do. The power the court bailiffs have is limited.
Last edited by: Fursty Ferret on Sun 29 Sep 13 at 15:36
 Dodgy dealer - R.P.
The dealer will either settle to avoid a CCJ or go insolvent, rarely argue the toss.
 Dodgy dealer - mikeyb
I took the view with my £500 "new" motor that there was going to be plenty wrong so to get one with as new an MOT as possible, spend nothing on repairs where possible and fingers crossed it lasts to the MOT.

Body on mine is a little tatty - its seen a bit of filler and halfords touch up paint over the years, but I was sold on the pretty complete service book and a recent cam belt / tensioners / water pump change. Its got vastly more miles on than the OP's car, but runs pretty sweetly.

I tried to avoid the 2K ish market as at that price you are committed to doing things if needed, but can very quickly find you are spending to much, but have to much invested to walk away. Lot of 2K motors coming up for their second cam belt change etc.
Last edited by: mikeyb on Sun 29 Sep 13 at 18:49
 Dodgy dealer - brettmick
I'm sort of coming to the conclusion this is more hassle than it's worth.

I think I might get an MOT done (it has MOT until Feb) to see what that comes back saying - National are doing an offer for a test for £27.50. If it passes and there aren't any dubious advisories then I get the rear bearing done.

I then run the car for a year, or until something drops off and I don't want to pay or I get an offer to buy something newer/nicer/better that I can't turn down.

I can afford to buy something brand new but I have recently been involved helping out with the setting up of a food bank and debt advisory service in our town - it is giving me a "make do or mend" viewpoint and even a little guilt at such a "1st world" problem.
 Dodgy dealer - Dutchie
Foodbanks can't believe it bretmick,makes you'r car problem look small in comparison.

 Dodgy dealer - R.P.
See my thread on the rusty old shed we call a Fiesta
 Dodgy dealer - Roger.
Our very low mileage 52 plate Jazz has, I found out after getting it home and trying the radio the next day, a radio cassette unit which is dumb.
I took it back to the dealer a few days later: he extracted the radio cassette - what a job - and could find no obvious cause such as a dodgy connection.
The conclusion was that the unit has died, so he put it all back.
The agreement we came to is that if I can locate a radio CD he will fit it at no charge.
There is zero chance of his finding an exact match, I guess, as radio cassettes are very old hat these days (I couldn't find a cassette to try in it - even at a charity shop or two) so an upgrade to a radio CD makes sense.
I suppose I could have thumped the table and demanded that he put the car as it should be, but I certainly could not have demanded an upgrade!
This way, I have kept the dealer's goodwill and am gaining a more up to date unit a broadly similar cost to both parties, as he will be out a good 2 to 3 hours labour and I will be out £110 - the cost of a radio CD, (found at a scrappie in Brum. and a direct replacement, guaranteed to work or money back) complete with all the built in bits which make the Honda unit so costly and hard to remove & refit.
 Dodgy dealer - Fursty Ferret
Edit:
Last edited by: Fursty Ferret on Mon 30 Sep 13 at 15:30
 Dodgy dealer - Fursty Ferret
>> The dealer will either settle to avoid a CCJ or go insolvent, rarely argue the
>> toss.
>>

Except I have a CCJ against a dealer in Plymouth and from what I can tell it has had absolutely no effect on his business whatsoever in the last three years.
 Dodgy dealer - Bromptonaut
>> >> The dealer will either settle to avoid a CCJ or go insolvent, rarely argue
>> the
>> >> toss.
>> >>
>>
>> Except I have a CCJ against a dealer in Plymouth and from what I can
>> tell it has had absolutely no effect on his business whatsoever in the last three
>> years.

If the CCJ is paid then I suspect it will have little effect on his business. Just an isolated example of a customer dispute that went to the wire. In fact my recollection is that judgements are only registered if not satisfied and/or the defendant can get a 'certificate of satisfaction' once payment is made.

Unpaid CCJ's OTOH would be a big issue.
 Dodgy dealer - Fursty Ferret
>> If the CCJ is paid then I suspect it will have little effect on his
>> business. Just an isolated example of a customer dispute that went to the wire. In
>> fact my recollection is that judgements are only registered if not satisfied and/or the defendant
>> can get a 'certificate of satisfaction' once payment is made.
>>
>> Unpaid CCJ's OTOH would be a big issue.
>>

It's not paid. IMHO it's not worth the paper it's written on.
 Dodgy dealer - Fenlander
Remember this is related to a non-specific noise at speed that the OP thought was tyres and then when that didn't sort it a garage not associated with the seller thought it was a wheel bearing which has failed to cure it so they are thinking of doing two more.

I still do not believe there will be clear cut legal support for the OP to bring the refinement of a 9yr old car to that of a new one where there has been no failure as such and the car is still working.
 Dodgy dealer - Duncan
>> Unpaid CCJ's OTOH would be a big issue.
>> >>
>>
>> It's not paid. IMHO it's not worth the paper it's written on.
>>

You have to enforce it with those nice men from the Bailiff's office. More money laid out.

Have you done that?
 Dodgy dealer - Lygonos
If the Mazda 3 is anything like my old 2000 Civic (ie. if it has rear double wishbone suspension) it may be a 'characteristic' of the car to be very noisy at speed.

Any decent MOT garage should pick up on knackered bearings.
 Dodgy dealer - Zero

>> Any decent MOT garage should pick up on knackered bearings.

If they are only noisy its not a fail.
 Dodgy dealer - Number_Cruncher
Roughness in a bearing is a valid reason for rejection during an MOT
 Dodgy dealer - Bromptonaut
>> You have to enforce it with those nice men from the Bailiff's office. More money
>> laid out.
>>
>> Have you done that?

That would be my thought too. The CCJ is about who's right or wrong. Getting it enforced is another step; one that's only worthwhile if you're sure defendant has assets.

Do you know who he banks with? In event that his account is in credit what used to be called a Garnishee summons is one way.

OTOH, if he's living from hand to mouth and paying off debts by degrees you're just going to have to chalk it down to experience.

I spent an early part of my CS career in a County Court. One of our regulars, lets call him Mr Ishaq, ran an Indian Restaurant in the town. He'd be in at end of every week with a wodge of cash to divide between his judgement creditors. He ran his business that way and seemed to keep going.

Really nice man who was not only polite to the staff but took time to remember their names etc. When he relaunched his restaurant he invited the staff, a few of whom were a bit miffed when Mr G upstairs referred to Civil Service Code on conflicts and forbade attendance.
 Dodgy dealer - Fursty Ferret
>> >> Unpaid CCJ's OTOH would be a big issue.
>> >> >>
>> >>
>> >> It's not paid. IMHO it's not worth the paper it's written on.
>> >>
>>
>> You have to enforce it with those nice men from the Bailiff's office. More money
>> laid out.
>>
>> Have you done that?
>>

The Court bailiffs? Yes, tried them with no success.
 Dodgy dealer - Duncan
>> You have to enforce it with those nice men from the Bailiff's office. More
>> money
>> >> laid out.
>> >>
>> >> Have you done that?
>> >>
>>
>> The Court bailiffs? Yes, tried them with no success.
>>

What does that mean? That he had no funds or assets?
 Dodgy dealer - Fursty Ferret
It's somewhat complicated but he trades under multiple names, the bailiffs were unable to find anything that they could prove was linked to the business.
 Dodgy dealer - Zero
>> >> The dealer will either settle to avoid a CCJ or go insolvent, rarely argue
>> the
>> >> toss.
>> >>
>>
>> Except I have a CCJ against a dealer in Plymouth and from what I can
>> tell it has had absolutely no effect on his business whatsoever in the last three
>> years.

You have to do something with it, like getting it enforced by a big hairy man with "cut here" inked round his neck.
 Dodgy dealer - brettmick
On Sunday I got the spreadsheet out and worked out what the cost of replacing two wheel bearings on the Mazda and running it for two years will cost against buying a year old Diesel Yaris on a personal loan.

It turns out the Yaris is £94 a month cheaper to run and a personal loan about £150 a month after trading in the Mazda.

Simplistically it means almost ten months before the Yaris is more expensive.

If I factor in guesstimated value in two years time the Yaris works out £180 more expensive over two years. I will be surprised if bearing number 4 doesn't need replacing so the twisted maths makes the Yaris cheaper.... If I calculate three years three years the Yaris looks even better.

I realise a Mazda 3 and Toyota Yaris are two different beasts but having driven the Yaris this evening I am fairly impressed.

Looks like this dealer will only get reported to trading standards by me....
 Dodgy dealer - mikeyb
Perhaps I've missed something, but what are you reporting him to trading standards for?

There is an element of being realistic about it being a 9 year old car, and if it had suffered a failure which prevented you driving it I would agree, but how long could a noisy bearing keep going?
 Dodgy dealer - Gromit
Also remember the AA reckon a car has an economic life of 8 years.

So I expect that if a 9 year old car which the AA would judge to be past it starts, runs, and had an MOT (i.e. was considered roadworthy) when the OP bought it, he's not going to win his case.

To be honest, a buyer who expects a completely fault-free used car also needs to expect to pay nearly-new main dealer approved money for it.
 Dodgy dealer - -
>> Also remember the AA reckon a car has an economic life of 8 years.
>>

And they are probably right, for white goods owners who don't know the first thing about self servicing, and rely on what service the main dealer or fast fit shop wants to sell you at any point.

For some others a well chosen vehicle @ 8 years is just entering its most economic years, for a kick off depreciation has reached its lowest so you're already possibly £thousands up every year before you even turn the key.

Its good that businesses like the AA say such things, means a good supply of decent cheap cars for those who know different.
 Dodgy dealer - Zero

>> For some others a well chosen vehicle @ 8 years is just entering its most
>> economic years,

Its not, not really. Most are requiring a cam belt about then, suspension is getting saggy, bushes are ripe for mot failures, exhausts are about to give up the ghost, water pumps need changing.

All of them, expensive items, DIY or not
 Dodgy dealer - corax
>> All of them, expensive items, DIY or not

I think the term 'well chosen' means just that.

Exhaust don't seem to go on modern cars apart from blocked catalysts.

Jap cars don't seem to eat their suspension. Many cars are chain cam.

Water pumps are usually inexpensive and get changed as part of a cambelt service, if you 'choose' to buy a car with a cam belt.

It's more a case of making sure all the consumables don't need replacing at the same time.
 Dodgy dealer - madf
>> All of them, expensive items, DIY or not
>>

My 10 year old Yaris must be lucky then. Apart from tyres, front disks and pads, consumables (oil,filters,wiperblades) and 3 sets of ARB bushes (£25 a time)... fault free. Oh and a new battery at 10...

(What's a cam belt? :- )
Last edited by: VxFan on Wed 2 Oct 13 at 12:42
 Dodgy dealer - Zero
yeah but I'd pay not to be seen in a Yaris.
 Dodgy dealer - -
>> yeah but I'd pay not to be seen in a Yaris.
>>

Says the bloke with a standard Mitsi taxi.
 Dodgy dealer - Zero
At least I am not in my dotage and could go out to work and use it raise a few quid....
 Dodgy dealer - legacylad
Not wishing to brag but I have been very fortunate when participating in bangernomics motoring. I seem to swing between newish cars, my current 330 being only 6 years old when acquired, to buying older stuff off friends & contacts. Pre 330 I bought a Mazda 626 SE petrol as a short term stop gap until the right rag top turned up. On an S plate, 97k miles & 9 years old. In my 4 years of ownership all it cost me was 4 new tyres, an annual oil change circa £40, Mot's and a set of wiper blades. Bought for £995, and sold to a good friend for £950 with 12 months MOT and no advisories.
Bet I couldn't do that again. I think the secret is to always buy on condition and network with friends!
 Dodgy dealer - -
On an S plate, 97k miles & 9 years old.



Late 90's proper Japanese cars, 626 excellent car, could just as easily have been a Carina Avensis 1 Legacy or Primera 1, built either in Japan or here.

Despite the scorn from some quarters, these were the best years for cars IMO, not as cheap to buy in real terms as now thats noted but infinitely better quality and have proved to be long term durable, and easy to fix usually if they did go wrong.
 Dodgy dealer - spamcan61
>> Its good that businesses like the AA say such things, means a good supply of
>> decent cheap cars for those who know different.
>>

Like he said; 8 years is generally my bangernomics starting point.
Last edited by: VxFan on Wed 2 Oct 13 at 12:42
 Dodgy dealer - brettmick
I have picked up some cracking cars in the banger price range it just seems that I am hopelessly out of practice and have got one very wrong. What irritates me is the disregard for the customer by selling something that needs work and then claiming ignorance to the sale of goods act. Some negative reviews on local trader review sites will probably placate me....
 Dodgy dealer - Robin O'Reliant
To be fair to the dealer, on the many occasions I've px'd cars no salesman has ever given my car any more than a cursory test drive to make sure it ran ok, they certainly didn't take it to the nearest NSL A road to see how it behaved above 55mph. I doubt if any ever do, so they were probably genuinely unaware of the problem as it didn't show up below that speed. Even you yourself didn't do that before buying it.
Last edited by: Robin O'Reliant on Wed 2 Oct 13 at 18:30
 Dodgy dealer - Bromptonaut
>> To be fair to the dealer, on the many occasions I've px'd cars no salesman
>> has ever given my car any more than a cursory test drive to make sure
>> it ran ok, they certainly didn't take it to the nearest NSL A road to
>> see how it behaved above 55mph. I doubt if any ever do, so they were
>> probably genuinely unaware of the problem as it didn't show up below that speed. Even
>> you yourself didn't do that before buying it.

Dealers will take anything with an MoT in PX. If I'd been prepared to drive it 25 miles to MK I'd have got something for my non-roadworthy Xantia against the new Berlingo.

Obviously, a main dealer isn't going to put a 12yo 150k miler on his forecourt but any garage that does re-sell PX will surely allow a margin for work to be done and if they're reputable test them properly to disclose any faults.

Price the OP paid for the MAzda implies that such tests had been caried out. O/wise dealer should dispose on trade terms.
 Dodgy dealer - captain chaos
I'd park it in his office.
 Dodgy dealer - Runfer D'Hills
Hypothetical question, but if, lets say, you bought a second hand pair of shoes and after a couple of months the sole came loose, would you take them back as faulty or take them to the cobblers to have them repaired?

Yes of course I know it's a different scenario, but I'm only mentioning it as an illustration of our different expectations based upon custom and practice. not expressing a view you understand !
 Dodgy dealer - brettmick
Very different. More appropriate is "if you bought a second hand TV and found that after watching it for an hour the sound would buzz and the unit vibrate when the screen contained red" would you consider that you should pay for the repair?

The hour is appropriate because in the shop you might have been shown it (test drive) for half an hour - just like the bearing grumble only kicks in at 55MPH.

Basically I conclude that the guy has sold me something not fit for purpose. isn't interested and I can't be bothered to fight it as I don't have the time while the cost difference between dumping the car and buying nearly new compared to sticking with and fixing is marginal.

I will still complain to trading standards however as he has repeatedly shown deliberate ignorance of the SOGA (regardless of the opinion of this situation) and I will post suitable FACTUAL reviews on any site that contains his company name of the way he has behaved.

I will refrain from exacting damage to his stock equal to my loss however....

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