Hi all,

My mother recently (15th March 2016) bought a 2nd hand car from an independent garage. It was smelling a little after about 10 minutes of use, burnt oil, and she thought that it would go away after a little use. However on Sunday she noticed a patch of oil under the car and on Monday the oil lamp appeared.

Being the hero Son, I said that I would ring up the garage. The guy on the phone was very defensive (I had a reasonable tone) and said 2 things to me:
1) warranties don't cover oil leaks, and;
2) the fault wasn't there when he sold the car and he has the MOT to prove this.

I was annoyed that he was so defensive from the get go, so I rang DVSA and they told me that the MOT certificate isn't proof of his claim. The tester doesn't specifically test for oil leaks and only has to advise/fail on an oil leak if it can impact other working parts such as the brakes.

Then I rang Citizens Advice and they state that after 30 days (max 6 months) she can demand one repair and if that hasn't resolved the problem then she can demand a refund.

I sent the garage an email, because I want proof of our conversation from now on and I don't want him having an aggressive attitude again, stating the car will be returned to give him a chance to repair it, and if that doesn't work then we expect a refund.

My question though is this, if the oil leak has developed after 2 months of use and there is a distinct smell of burning oil in the car, can he claim that it's from fair wear and tear and prove via the MOT that the problem wasn't there when he sold it to her? I know very little about this subject. Thanks. Recently bought a 2007 RRS HSE TDV6 for a Pimp-My-Ride-Project.
DONE: Meduza front bumper, AB rear bumper, AB tailpipes, calipers repainted, rear upper tailgate upgrade, side steps, AB front grille, AB side vents, rear LED lights, clear side repeaters, integrated daytime running lights, LED headlights.
TO DO: color code sills and pillars.

Last edited by tanloverluke on Wed May 25 2016 1:02pm. Edited 1 time in total

Take a look here http://www.which.co.uk/consumer-rights/adv...-my-rights

Quote:

During the first six months after purchase it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.

Good luck  Wanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW

Still hoping for a S2 one day!