🗳️ ELECTION 2024: THE MSE LEADERS' DEBATE Got a burning question you want us to ask the party leaders ahead of the general election? Post them on our dedicated Forum board where you can see and upvote other users' questions, or submit your suggestions via this form. Please note that the Forum's rules on avoiding general political discussion still apply across all boards.
Where do I stand with my car warranty?
Options
techguy81
Posts: 86 Forumite
I purchased a two-year-old car from an independent dealer earlier this year who subsequently went bust. I did not take out any warranty with the dealer as the vehicle has a three year dealer, unlimited mileage manufacturer's warranty.
I have since had to use the warranty on nine occasions, mostly due to a reoccurring issue with specific parts in the engine. I obtained a full repair history for the vehicle from the manufacturer which revealed the problems existed even before I purchased the vehicle. A quick Google search reveals I am not the only one suffering with this issue, although no recall ever has been done by the manufacturer.
Even though the vehicle is presently running OK, I believe it is only a matter of time before the problem reoccurs and I am worried about it happening out-of-warranty.
I have suggested to the manufacturer that the vehicle is not fit for purpose and that they should help me into an alternative car; the manufacturer rejects this and calls it an "unfortunate occurrence". They also suggest if I have any complaint with the car I take it up with my "contractual partner" (not possible anyway as they no longer exist). However, I am of the belief that if the vehicle is under a manufacturer's warranty then surely they are ultimately responsible for dealing with this issue? The manufacturer basically doesn't want to know because I didn't purchase from their dealer network.
I have spoken to a solicitor who believes I may have a case against the manufacturer, but the cost of taking such a huge organisation on (and potentially losing) would be more than the car is even worth!
What consumer rights, if any, do I have in such an instance?
I have since had to use the warranty on nine occasions, mostly due to a reoccurring issue with specific parts in the engine. I obtained a full repair history for the vehicle from the manufacturer which revealed the problems existed even before I purchased the vehicle. A quick Google search reveals I am not the only one suffering with this issue, although no recall ever has been done by the manufacturer.
Even though the vehicle is presently running OK, I believe it is only a matter of time before the problem reoccurs and I am worried about it happening out-of-warranty.
I have suggested to the manufacturer that the vehicle is not fit for purpose and that they should help me into an alternative car; the manufacturer rejects this and calls it an "unfortunate occurrence". They also suggest if I have any complaint with the car I take it up with my "contractual partner" (not possible anyway as they no longer exist). However, I am of the belief that if the vehicle is under a manufacturer's warranty then surely they are ultimately responsible for dealing with this issue? The manufacturer basically doesn't want to know because I didn't purchase from their dealer network.
I have spoken to a solicitor who believes I may have a case against the manufacturer, but the cost of taking such a huge organisation on (and potentially losing) would be more than the car is even worth!
What consumer rights, if any, do I have in such an instance?
0
Comments
-
I purchased a two-year-old car from an independent dealer earlier this year who subsequently went bust. I did not take out any warranty with the dealer as the vehicle has a three year dealer, unlimited mileage manufacturer's warranty.
I have since had to use the warranty on nine occasions, mostly due to a reoccurring issue with specific parts in the engine. I obtained a full repair history for the vehicle from the manufacturer which revealed the problems existed even before I purchased the vehicle. A quick Google search reveals I am not the only one suffering with this issue, although no recall ever has been done by the manufacturer.
Even though the vehicle is presently running OK, I believe it is only a matter of time before the problem reoccurs and I am worried about it happening out-of-warranty.
I have suggested to the manufacturer that the vehicle is not fit for purpose and that they should help me into an alternative car; the manufacturer rejects this and calls it an "unfortunate occurrence". They also suggest if I have any complaint with the car I take it up with my "contractual partner" (not possible anyway as they no longer exist). However, I am of the belief that if the vehicle is under a manufacturer's warranty then surely they are ultimately responsible for dealing with this issue? The manufacturer basically doesn't want to know because I didn't purchase from their dealer network.
I have spoken to a solicitor who believes I may have a case against the manufacturer, but the cost of taking such a huge organisation on (and potentially losing) would be more than the car is even worth!
What consumer rights, if any, do I have in such an instance?
A few questions, to facilitate any advice which might help:- What is the make, model and variant of the car (the date of registration will be helpful as well)?
- Briefly, what are the issues concerning reliability?
- How did you fund the car and what were the methods of any payments you made, including ANY deposits?
- When does the warranty expire?
The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
-
Brooker_Dave wrote: »None, it was a two year old car.
Oh how very helpful and what leads you to assume that because it was a two year old car, the OP has no consumer rights? :wall:The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
OP, have you read MSE's Consumer Rights guide?
You have already consulted a solicitor, did he not explain your rights to you?
The cost of your purchase may be relevant too.
An action in the small claims court will not be expensive, but perhaps your solicitor has ruled that out for some reason.0 -
Oh how very helpful and what leads you to assume that because it was a two year old car, the OP has no consumer rights? :wall:
Anyone they might have had consumer rights with has gone bust (unless the manufacturers warranty covers it, but that sounds unlikely from what has been said)0 -
-
Sell the car pronto and buy something that isn't French!0
-
Thats not true. If the OP paid any amount on credit they would still have a claim under S75 against the credit provider.
Can also apply to finance agreements depending on the circumstances.
From MSE's Section 75 page:
Does it apply to other credit?
While the bulk of claims are made to credit card providers, the law also applies to other types of credit agreement (except where the supplier is also the creditor, eg for some car finance).
Personal bank loans specifically for large items do not get Section 75 protection, even though the loan's a regulated agreement. This is because to be covered the finance must be properly linked to an item (known as a Debtor-Creditor-Supplier agreement) so that the finance company can see a clear relationship between the money and the goods.
Paying by credit card is paying directly for goods, meaning the relationship's clear, whereas bank loans, even if ostensibly for a car, could actually be spent on anything.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
OP, have you filed a vehicle defect report with VOSA?
I recently had a problem with my car (premature cambelt failure) out of warranty, and no recall has ever been issued, despite this being a very common issue (although sadly, I didn't know until too late).
I filed a vehicle defect report with VOSA. The more people who do so, the more pressure will be put on the manufacturers to issue a recall.
I've been really lucky that my vehicle is currently having a new engine fitted at no cost to me, but I know others have had to struggle for months to have their issues dealt with.
If there is a known problem with your vehicle, and VOSA and the manufacturers are aware, and you have a decent service history, then, even though you may have to be prepared for a fight, you should have a good cae for repair outside of the warranty period.0
This discussion has been closed.
Categories
- All Categories
- 10 Election 2024: The MSE Leaders' Debate
- 343.9K Banking & Borrowing
- 250.3K Reduce Debt & Boost Income
- 450K Spending & Discounts
- 236K Work, Benefits & Business
- 609.3K Mortgages, Homes & Bills
- 173.4K Life & Family
- 248.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards