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A couple of months ago we bought a 2006 Mazda Atenza Liftback import. We had a mechanic's workshop inspection and on that basis bought the vehicle, which was commented on as being "in mint condition." As it's my wife's car, she drives it to work alone, or generally at most there may be two people in the car. However, this last weekend we had some rear-seat passengers with us, and when we went around corners - even at low speeds - noticed a very pronounced graunching sound, like the rear wheels were rubbing on the chassis. Being unsure what it was, we took the car to our mechanic who did the same rear-seat passenger load test and identified that the car rear suspension has at some stage been lowered and slightly over-sized mags installed, with a slightly larger tyre size.

What this effectively means is that, in the car's present state, we cannot use it in a manner that can be considered to be "normal" ie with four people in the car, or two people plus baggage in the back, as it makes that noise; plus the abrasion cannot be good for the wheel arch or the tyres.

When we bought the car, there was no indication given by the dealer that any such modifications had been undertaken (perhaps they did not know), and the vehicle obviously got through compliance.

However, the fact in my mind is that the car is not fit for the purpose of being used as a normal domestic vehicle, in view of the fact that it cannot perform satisfactorily, when required to transport four people – which it is designed to do.

I would appreciate your comments on this situation, and what you consider would be a suitable remedy under the Consumer Guarantees Act to either get the defect rectified or the car replaced.

Many thanks.

A car's normal use is for transporting people so you are going about it the right way by challenging the dealer under the CGA, fit for purpose - assuming you bought the vehicle from a dealer. The CGA covers you for a reasonable amount of time so you need to contact the dealer and let them know the situation. You need to give the dealer the opportunity to put it right.

I doubt the dealer would have known about this problem either and might even argue that you have seen the vehicle with the different wheels and knew what you were buying but you need to pressure them on the fact that it’s not fit for purpose.

The remedy will depend on where the tyres are touching the vehicle. It could be as simple as fitting the correct coil springs, it is a used car so it will likely be a used set, but if the dampers are not the original set and have less travel then they will possibly also need replacing. The dealer will need to assess the problem to determine what can be done.

The fact that it passed a compliance and WOF tells you that the suspension modification is legal.