Brakes failed on my new (used) car, please help!

oblong · 22nd June 2009, 19:06

I bought the car less than three weeks ago from a second hand car dealership, it had been advertised on Autotrader.

I noticed while driving that sometimes the brakes seemed unresponsive which was a bit worrying but I thought maybe it was just the type of car (larger and heavier than Iwas used to). I mentioned it to my OH and we agreed we'd get the car looked at, the brakes checked and generally serviced as it was new to us even though it has almost 10 months of MOT left (it's a 2004 car, full stamped service history).

This weekend we went on a family camping weekend (with our three young children) and my OH drove, he was shocked at the performance of the brakes and he pulled over half way worried that it might not be safe to continue. We did continue - cautiously.

Anyway, I took the car to a fiat dealership to be looked at today and they have advised that the brakes are in a terrible state and the car is not safe to be driven, repair estimate approx £550. Brake discs described as 'blue', brake fluid of poor quality and moisture introduced, discs corrodede and also problems with handbrakes potentially causing brake issues with back brakes. So the car is at the dealership waiting for our decision on what to do.

Does anyone know if these problems could come about quickly (i.e. since the MOT) if dodgy brake fluid had been used?

We live in a small village with no public transport and I have children to take to pre-school etc., it's not really feasible for me to go any length of time without a car.

The car was MOTd at the end of March this year, it came with a warranty that doesn't cover the brakes, only engine and gearbox. There were no advisory notes with the MOT suprisingly.

I haven't contacted the dealership yet (this has all happened today) but am sure they will say 'not our problem' or something.

Do I stand a chance of getting my money back or getting the dealership to pay for the repair? Should I go ahead with the repair in the meantime and persue for the costs? What about hiring a car for the period I don't have the use of it, will I get those costs back?

I've arranged to go to citizen's advice tomorrow but just to add to the complication, my 8-month-old has chicken pox (very badly) and they're not happy for me to take her into the advice bureau so as yet I can't think of a plan to get me there and get her looked after - not that I'm seking advice on that issue here!

I'm really distressed about this, I feel as if the dealership have but our lives at risk in selling us this car.

Is there a process I should follow, I'm worried about doing the wrong thing in the wrong order.

tiaposy · 24th June 2009, 18:21

From my experience, I wouldn't bother with the CAB. They were no help to me when I had a problem with a 2nd car I bought. Do you have free legal advice with your car/household insurance autolinker.com autolinking image

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You need to contact the garage you bought the car from & inform them of the problem, giving them time to repair. Just quote the Sale of Good Act to them. They are a trader, so have a legal obligation to repair the car.

Conniff · 24th June 2009, 18:46

Quote:

Should I go ahead with the repair in the meantime and persue for the costs?

No, you should give the seller the first chance at repairs.

katedog · 24th June 2009, 19:01

You should contact the seller to see if they will remedy the problem.

I would consider getting a writtten report as to the condition of the car first but obviously that does involve expense.

If you get no joy from the seller then get your written report and go back to the seller and tell them that they commit a crimianl offence of selling a motor vehicle in a dangerous condition, contact you local trading standards, or get a solicitor to fire a letter of for you.

Your local trading standards may well pick up the batton and prosecute the seller.

Your local traffic police may be interested as well.

oblong · 24th June 2009, 19:31

Thank you for your replies. The CAB were absolutely briliant, their advice agrees with what has been written here and the advisor also made the phonecall to the car sales people on my behalf. They wrote down all the details for me and are drafting a letter basically repeating what was said on the phone which was a summary of the situation and invite to inspect with a view to paying for the repairs or alternatively giving money back on the car. I can't believe how helpful they've been. I had already paid for a written report/diagnosis which I have paid £80 for. I am now waiting for their response re. inspecting the car themselves (with my representative present - not sure who that will be yet).

I will update with progress.

Thanks again.

22nd June 2009, 19:06	#1 (permalink)
oblong Basic Account Holder Protect your signature with SignGuard Cagger since : Jun 2009 I am in: Northumberland Posts: 2	Brakes failed on my new (used) car, please help! I bought the car less than three weeks ago from a second hand car dealership, it had been advertised on Autotrader. I noticed while driving that sometimes the brakes seemed unresponsive which was a bit worrying but I thought maybe it was just the type of car (larger and heavier than Iwas used to). I mentioned it to my OH and we agreed we'd get the car looked at, the brakes checked and generally serviced as it was new to us even though it has almost 10 months of MOT left (it's a 2004 car, full stamped service history). This weekend we went on a family camping weekend (with our three young children) and my OH drove, he was shocked at the performance of the brakes and he pulled over half way worried that it might not be safe to continue. We did continue - cautiously. Anyway, I took the car to a fiat dealership to be looked at today and they have advised that the brakes are in a terrible state and the car is not safe to be driven, repair estimate approx £550. Brake discs described as 'blue', brake fluid of poor quality and moisture introduced, discs corrodede and also problems with handbrakes potentially causing brake issues with back brakes. So the car is at the dealership waiting for our decision on what to do. Does anyone know if these problems could come about quickly (i.e. since the MOT) if dodgy brake fluid had been used? We live in a small village with no public transport and I have children to take to pre-school etc., it's not really feasible for me to go any length of time without a car. The car was MOTd at the end of March this year, it came with a warranty that doesn't cover the brakes, only engine and gearbox. There were no advisory notes with the MOT suprisingly. I haven't contacted the dealership yet (this has all happened today) but am sure they will say 'not our problem' or something. Do I stand a chance of getting my money back or getting the dealership to pay for the repair? Should I go ahead with the repair in the meantime and persue for the costs? What about hiring a car for the period I don't have the use of it, will I get those costs back? I've arranged to go to citizen's advice tomorrow but just to add to the complication, my 8-month-old has chicken pox (very badly) and they're not happy for me to take her into the advice bureau so as yet I can't think of a plan to get me there and get her looked after - not that I'm seking advice on that issue here! I'm really distressed about this, I feel as if the dealership have but our lives at risk in selling us this car. Is there a process I should follow, I'm worried about doing the wrong thing in the wrong order.

24th June 2009, 18:21	#2 (permalink)
tiaposy Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Oct 2006 Posts: 313	Re: Brakes failed on my new (used) car, please help! From my experience, I wouldn't bother with the CAB. They were no help to me when I had a problem with a 2nd car I bought. Do you have free legal advice with your car/household insurance? You need to contact the garage you bought the car from & inform them of the problem, giving them time to repair. Just quote the Sale of Good Act to them. They are a trader, so have a legal obligation to repair the car.

24th June 2009, 19:01	#4 (permalink)
katedog Basic Account Holder Have we helped you? Please help us by making a donation Cagger since : May 2009 Posts: 111	Re: Brakes failed on my new (used) car, please help! You should contact the seller to see if they will remedy the problem. I would consider getting a writtten report as to the condition of the car first but obviously that does involve expense. If you get no joy from the seller then get your written report and go back to the seller and tell them that they commit a crimianl offence of selling a motor vehicle in a dangerous condition, contact you local trading standards, or get a solicitor to fire a letter of for you. Your local trading standards may well pick up the batton and prosecute the seller. Your local traffic police may be interested as well.

24th June 2009, 19:31	#5 (permalink)
oblong Basic Account Holder eBay user? Find misspellings and zero-bid items Cagger since : Jun 2009 I am in: Northumberland Posts: 2	Re: Brakes failed on my new (used) car, please help! Thank you for your replies. The CAB were absolutely briliant, their advice agrees with what has been written here and the advisor also made the phonecall to the car sales people on my behalf. They wrote down all the details for me and are drafting a letter basically repeating what was said on the phone which was a summary of the situation and invite to inspect with a view to paying for the repairs or alternatively giving money back on the car. I can't believe how helpful they've been. I had already paid for a written report/diagnosis which I have paid £80 for. I am now waiting for their response re. inspecting the car themselves (with my representative present - not sure who that will be yet). I will update with progress. Thanks again.