A question about : Used Car Problems
The background; On Sunday 8th February, I test drove a '53 Toyota Corrolla from a dealer. At the yard the guy had to jump start it, but as it had been sat in the lot for about 4 months in this lovely weather, this didn't concern me too much.
I liked it, and ended up agreeing to buy and it be delivered to me the next day after it had been through it's MOT.
They delivered the car to me on the 9th as agreed. They guy who delivered it said that as it had been sat for a few months that I should drive it every day for the next week or so to make sure that the battery didn't go flat again.
On 10th I got in the car with the intention of giving it a good run around the area and a bit of motorway, but by the time I had driven as far as the motorway junction (just over 9 miles) the engine warning light had come on so I took it back home. On the 11th I started the car again and the light had gone off, so I took it out again only to have the light come back on after about a mile.
I took it into my local garage on the 13th to find out what the fault light was for, explaining to them about it being parked up for a while. The code indicated an under performing cat converter but the mechanic did say that it may just need a flush to clear any residue from the fuel after being sat for so long. He put the engine cleaner in and told me to drive about to see if that cleared it; the light would come back on but he would turn it off Monday and then we would get a real reading on the cat performance (charge Ј40). All done as instructed and light turned off on Monday, but that same evening it came on after I'd gone about 15 miles. Garage said that I should take the car back to the dealer if this happened.
I called the dealer on Tuesday (17th by now) and explained what had happened. At first he wasn't interested saying that the cat converter isn't covered by the warranty; I pointed out to him that he didn't tell me about any warranty and that I'm asking him to look at it as it's faulty goods not under any warranty. He eventually agreed; I would take the car to them on Saturday (21st) and he would have his mechanic check it over (..it's probably just the o2 sensor anyway, he muttered..) and that I should call him Sat morning before I come over so he can make sure the mechanic is available.
I called at 9.45 am on Sat and we agreed that I should come for 11 am and wait whilst the mechanic checked over the car. I drove over and arrived to find the yard locked up and the site deserted. They have not since answered any of may calls or returned my messages.
To add insult to injury I have since learned that when battery is disconnected or goes flat, all warning lights are re-set and it takes around 50 miles for the computer to recalibrate and the light to come back on. 50 miles is approximately, my test drive, the MOT, the drive to deliver it to me and the 10 miles I managed before the light came on.... grrrr....
Now, my questions.
The car was advertised as a perfect drive and so don't feel that it is as described; it certainly hasn't lasted (in my mind) a reasonable length of time - just 10 miles in my keeping before a fault was apparent.
BUT...The car has 92K on the clock and I'm aware that a cat will need to be replaced at some point depending on the model, so this could be wear and tear.. Then again, who books an appointment and then disappears without a trace unless they are dodgy as a 10 bob bit?! it's entirely possible the fault was there the whole time they had the car, but because the battery when flat, no-one viewing it would know about it..
I have already drafted a rejection letter, but am I on solid footing here? I don't for a minute imagine that they will refund me on the back of the letter, and anticipate having to go through small claims. But that is expensive and I'm still not sure, because of the wear & tear issue, if I really have a case for rejecting under SOGA?
hope you guys can give me a clearer perspective...
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