What rights do I have with my car?

unholyangel wrote: »

Although it can vary depending on make/model, I believe that variation is 65k-105k miles. So it shouldnt be due for at least another 30k miles.

OP, does the warranty cover the timing belt or are you going to be reliant on your statutory rights? Not that they're a bad thing, but if its covered by warranty, it might save a few headaches.

Your rights when buying a car (even second hand) aren't really different from buying anything else (save for 1 thing which i'll get to in a min). The "goods" should match their description and of satisfactory quality (with satisfactory quality being what a reasonable person would regard as satisfactory taking into account all relevant information). If the goods do not conform to contract (ie are "faulty" or misdescribed) at any point within the first 6 months, you only need to prove the goods don't conform to contract, the trader needs to prove the lack of conformity is not inherent (after 6 months, you also need to prove the lack of conformity is inherent). By inherent, they basically mean that you haven't caused it either by accidental/deliberate damage or natural wear & tear). In the first 30 days you can insist on a refund, after that you generally (with a few exceptions) need to give them the opportunity to repair (or replace if an option). If a the repair fails to bring the goods back within conformity of the contract, you can then insist on a refund - usually in the first 6 months it has to be a full refund but this is the one way motor vehicles differ from other goods, with motor vehicles....they can make a deduction to your refund to account for use you have had within the first 6 months also.

Thats a basic summary of your rights. If the mechanic is willing to put it in writing the timing belt is stretched, take it back to trader and tell them the goods do not conform to contract as a timing belt should last longer than 35k miles (and perhaps also reference what the owners manual says is the replacement interval to support your argument). If they still dont listen, put it in writing and title it either letter before claim or letter before action and give them 14 days to respond.

Alternatively, if you paid any of the purchase price (ie a deposit perhaps) via credit card, you should (providing total price of car was between £100 - £30,000 and its the price of the car that matters, not how much you paid on card) be able to make a section 75 claim against your credit card company also and if the card company refund, you can appeal to the financial ombudsman (neither of those options cost anything).

Come back and let us know how you get on please and good luck.