New car joy turned sour. Legal help please!!

[shnazzle]

Hi.
I've just bought a lovely 2 this weekend and yesterday we discovered that there is actually a substantial crack in the windscreen. Autoglass have deemed it unfit for repair and it's 356 for a new windscreen.

I have photo evidence sent by the dealer themselves that shows that the crack was there before we even set foot near the car.

I did sign a contract saying that I have checked everything, however it does not say that I signed to confirm that it is ok.

Any clues as to how strong a position I am in to get them to pay up?

Many thanks

[SteveJ]

I have photo evidence sent by the dealer themselves that shows that the crack was there before we even set foot near the car.

So the dealer has proof that you knew about the crack and they made no attempt to cover it up. I'd say you don't have a leg to stand on.

Caveat Emptor

[Jandaw]

Presumably would fail MOT therefore sold unroadworthy?

[shnazzle]

I have photo evidence sent by the dealer themselves that shows that the crack was there before we even set foot near the car.

So the dealer has proof that you knew about the crack and they made no attempt to cover it up. I'd say you don't have a leg to stand on.

Caveat Emptor

Yes that is the other way of looking at it I suppose.
It was missed by everybody.

It is however an MOT fail, as it's more than 40mm in ZoneB of the windshield (passenger half). So isn't there an argument for "fit for purpose"?

[SteveJ]

Were the pictures sent to you before or after the MOT certificate was issued? Your only chance is to prove it was there before the MOT was carried out.

I very much doubt 'fit for purpose' will stand up even in a small claims court. I assume you don't have glass insurance then?

[shnazzle]

Were the pictures sent to you before or after the MOT certificate was issued? Your only chance is to prove it was there before the MOT was carried out.

I very much doubt 'fit for purpose' will stand up even in a small claims court. I assume you don't have glass insurance then?

Not sure about the mot.

I've got glass insurance. But somehow I don't feel like being done in for fraud by putting in a claim on a car with damage that was caused prior to me owning the car

[Jandaw]

I think you are pretty safe on the glass claim and if the seller won't stand the full cost but shows any sympathy, persuade him to pay the insurance cost.

[tricky1138]

Have you spoke to the dealer about it?

I'd guess the quickest way to sort it would just be to get it done on your glass insurance   s:( s:(

[mrzwei]

My view, if that car would fail an mot when you bought it, then it was sold in a known un-roadworthy condition and is therefore unfit for purpose.
They are the experts not you so your signature saying there are no defects is not particularly valid, you can't sign away your statutory rights. They should have told you if they knew and the photograph will confirm that.

Let buyer beware will be trumped by the Sale of Goods Act.

[shnazzle]

My concern now about he insurance route is that I now have it written in the internet that it happened pre-buy  s:) s:)  
Insurance legal eagles are clever people

[Peter Wright]

My concern now about he insurance route is that I now have it written in the internet that it happened pre-buy  s:) s:)  
Insurance legal eagles are clever people

Ask for it to be deleted

[shnazzle]

My concern now about he insurance route is that I now have it written in the internet that it happened pre-buy  s:) s:)  
Insurance legal eagles are clever people

Ask for it to be deleted

 s:) s:)  so dodgy...I like it haha
Mods? Delete from table where thread_id=this?

 s:) s:)

[dj2k21]

Shnazzle. Ive claimed for a new windscreen every 6 months for the past 2 years as by some strange bad luck ive had the following. .

Rock hit my Peugeot and smashed the screen

Sat on the bonnet of my bmw at a cruise talking to my mate, leaned back and smashed tbe screen.

Tilted seat in mr2 right forward to access ecu.  Leaned on backrest of chair and smashed the screen with the headrest

Then lastly smashed the screen again on my bmw when removing the dash by accident.

All of them have cost me £90 a go on insurance and they literally dont even batter an eyelid.  It doesn't even go down as a claim the insurance guy told me. So dont worry and claim for it as accidental damage like me

[mrzwei]

For me, the insurance route would be plan B.

[Treboeth]

Shnazzle. Ive claimed for a new windscreen every 6 months for the past 2 years as by some strange bad luck ive had the following. .

Rock hit my Peugeot and smashed the screen

Sat on the bonnet of my bmw at a cruise talking to my mate, leaned back and smashed tbe screen.

Tilted seat in mr2 right forward to access ecu.  Leaned on backrest of chair and smashed the screen with the headrest

Then lastly smashed the screen again on my bmw when removing the dash by accident.

All of them have cost me £90 a go on insurance and they literally dont even batter an eyelid.  It doesn't even go down as a claim the insurance guy told me. So dont worry and claim for it as accidental damage like me

Ever thought of putting perspex in  s:mrgreen: :mrgreen: s:mrgreen:

[shnazzle]

Shnazzle. Ive claimed for a new windscreen every 6 months for the past 2 years as by some strange bad luck ive had the following. .

Rock hit my Peugeot and smashed the screen

Sat on the bonnet of my bmw at a cruise talking to my mate, leaned back and smashed tbe screen.

Tilted seat in mr2 right forward to access ecu.  Leaned on backrest of chair and smashed the screen with the headrest

Then lastly smashed the screen again on my bmw when removing the dash by accident.

All of them have cost me £90 a go on insurance and they literally dont even batter an eyelid.  It doesn't even go down as a claim the insurance guy told me. So dont worry and claim for it as accidental damage like me

Ever thought of putting perspex in  s:mrgreen: :mrgreen: s:mrgreen:

haha
Seriously. Need to change your route

[redarrow]

The crack will continue to get bigger
So the longer you leave it the more
serious the situation becomes.

No insurance will blink a eye lid at a replacement,
It to dangerous to leave as is.

Obviously you try to get the  Screen done free from autoglass
And your insurance will need a small fee to replace the screen.

Remember owning a mr2 you need some dosh/ money
In the bank , these cars need loads of tlc

[Mightyquin]

Hi,

You don't say if you've actually spoken to the dealer about this. Have you? What did they say?

As for trying to say the car isn't fit for purpose, to be fair you should have noticed the crack when you inspected the car (it's not like it's a hidden mechanical fault after all) and whilst it might fail the next MOT, it doesn't mean the car is dangerous to drive now.

[Alex Knight]

I think you are pretty safe on the glass claim and if the seller won't stand the full cost but shows any sympathy, persuade him to pay the insurance cost.

This.

Surely the best/easiest route.

[shnazzle]

I have spoken to the dealer twice, but he's sent me off to get quotes (great service).
So now I'll go back and tell him it's 395 to get the windshield replaced. He'll have a fit.

New radiator = 200 quid fitted  s:) s:)  haha

[mrzwei]

As for trying to say the car isn't fit for purpose, to be fair you should have noticed the crack when you inspected the car (it's not like it's a hidden mechanical fault after all) and whilst it might fail the next MOT, it doesn't mean the car is dangerous to drive now.

Interesting point because IF the crack would fail an MOT then the car is un-roadworthy NOW so is unfit for purpose. The dealer is at fault unless it was pointed out that the car is un-roadworthy.
If you were pulled over by the police and they decided to be picky, they could issue a form requiring you to get the fault fixed by a certain date. You then have to show the form and proof of repair at the local police station. Failure to comply means that the car must not be driven on a public highway. (Happened to my daughter, she was pulled over at night on the M4 for a failed brake light on my old 2CV. The officer lent on the car as he bent to speak and it rolled forward so he told her to put the handbrake on. 'It is on' was the reply   s:lol: :lol: s:lol:   so out came the form pad etc. etc.).

Looks like you will get a good result here though so fingers crossed.

[tricky1138]

I have spoken to the dealer twice, but he's sent me off to get quotes (great service).
So now I'll go back and tell him it's 395 to get the windshield replaced. He'll have a fit.

New radiator = 200 quid fitted  s:) s:)  haha

At least he's asked you to get quotes. That's a start.

I'd still make a guess and say he will ask just to get the windscreen done on insurance as that will be less and to be honest doesn't affect your no claims whatsoever.

As for the radiator - just get that done by whoever you feel most comfortable doing it.

Danny's recommendation of recore in Stockton sounds good to me!

[shnazzle]

As for trying to say the car isn't fit for purpose, to be fair you should have noticed the crack when you inspected the car (it's not like it's a hidden mechanical fault after all) and whilst it might fail the next MOT, it doesn't mean the car is dangerous to drive now.

Interesting point because IF the crack would fail an MOT then the car is un-roadworthy NOW so is unfit for purpose. The dealer is at fault unless it was pointed out that the car is un-roadworthy.
If you were pulled over by the police and they decided to be picky, they could issue a form requiring you to get the fault fixed by a certain date. You then have to show the form and proof of repair at the local police station. Failure to comply means that the car must not be driven on a public highway. (Happened to my daughter, she was pulled over at night on the M4 for a failed brake light on my old 2CV. The officer lent on the car as he bent to speak and it rolled forward so he told her to put the handbrake on. 'It is on' was the reply   s:lol: :lol: s:lol:   so out came the form pad etc. etc.).

Looks like you will get a good result here though so fingers crossed.

I hope so. I've been putting off calling to be honest. I can't be done with the hassle. It's obviously going to turn ugly to the point where I have to say that he sold me an unroadworthy car. But...having said that...I'm happy to have it on my insurance, have them pay the excess, and let that be the end of it if it doesn't affect my no-claims

I have spoken to the dealer twice, but he's sent me off to get quotes (great service).
So now I'll go back and tell him it's 395 to get the windshield replaced. He'll have a fit.

New radiator = 200 quid fitted  s:) s:)  haha

At least he's asked you to get quotes. That's a start.

I'd still make a guess and say he will ask just to get the windscreen done on insurance as that will be less and to be honest doesn't affect your no claims whatsoever.

As for the radiator - just get that done by whoever you feel most comfortable doing it.

Danny's recommendation of recore in Stockton sounds good to me!

It does sound good. And I'd be happy to fit it myself if it weren't a dealer problem  s:) s:)   But I can't be arsed with bleeding the coolant. That's the main part

[Flipside]

Surely the dealer could claim it on his own insurance ??

[shnazzle]

Sent the quotes to the dealer in a email, explaining I shopped for best quotes etc.

The reply:

"Hi the best thing to do is bring the car back and have your money back. There is no way we will pay that.
"