Car battery refund dispute

jamiewakeham

Hi all

I'd appreciate advice as to where I stand legally on this one:

I had the battery in my MGF replaced in January by a battery'n'tyre outfit - I chose them because I had to leave the car overnight and they're only 500 yards from my house! They charged me £60 and told me I had a two-year warranty.

Two weeks ago, the battery died. I rang them and asked if they could test the battery and replace it under warranty if it was faulty (at this point, with such a young battery, I suspected it might be the alternator instead). They told me that the only mechanic who knew how to test a battery was off for a week. I needed the car fixed asap to get to work, so jumped it and drove it my usual mechanics in town. They confirmed the battery was dead (I watched them do the load test) and fitted a new one.

Rang original installers. On the phone the manager admitted that they ought to refund me (rather than just give me a new battery) as it was their fault they had no-one in to do the test. But I turned up this afternoon with the old battery, expecting a refund, and was refused.

The manager now says that my warranty is with the battery manufacturer, not the garage, so he can only give me the replacement battery. He suggested I flog the new battery. I asked if he'd buy it from me, and he said he would - for the £24 they pay in bulk. He offered a credit note for £60, but I refused; I don't think I'll need another battery any time soon! I explained that I believed that my warranty was with the garage, not the manufacturer, and that because they were unable to check and replace the battery last week they owed me the full refund. He suggested I write to the owner.

What do you think? I'm about to write the letter to the owner; do I have rights in law?

Cheers
Jamie

Wig

What does the warranty say?

Why not take the credit note and get some tyres from there. <-- by far the easiest option, yes you are protected by SOGA but you could only get some compensation with a deduction for the use you got from the item.


The warranty could be with the manufacturer, ask them what they would normally do with a failed battery under warranty.

Your confusing contract with warranty, your contract is with the retailer but your warranty could be given by the manufacturer.

hewhoisnotintheknow

seems fair to me

credit note is your best option

markelock

hewhoisnotintheknow wrote: »

seems fair to me

credit note is your best option

take the credit note.

jamiewakeham

Cheers for the replies.

>What does the warranty say?

Well, there isn't a paper copy. When I bought the battery they told me that, if there was a problem, I should just bring the original invoice with me.

>Why not take the credit note and get some tyres from there.

Because they're a really expensive way to buy tyres. For the unusual tyres my MG uses, I've found (oddly) that a mobile tyre fitter comes in a lot cheaper as well as a lot less hassle.

>ask them what they would normally do with a failed battery under warranty.

If they'd been able to test the battery last week, they'd have simply fitted a replacement free of charge. For me, the issue is that had they had a member of staff who could have done the job, I'd have a new battery and it'd have cost me nothing. Because I had to go elsewhere, my best bet seems to be a credit note I might not have occasion to spend for years.

You're right - I have confused contract with warranty here, and I guess I have no legal rights to argue. I might yet try to persuade the owner that I should be refunded as his garage was unable to provide me with the warranty replacement in a reasonable time.

Edit - or I might decide that the time and hassle of arguing isn't worth it compared to just hanging onto the credit note until I next need a battery...

Cheers
Jamie

Wig

Or use the credit note against new tyres and forgo the saving of using the mobile fitter, how much cheaper is the mobile unit?

For one tyre
For two tyres

If you have one tyre particulary worn (spare?) you could put it on the front and wear it down a bit more.

Do they sell oil? Everyone needs oil.

markelock

and make sure the credit note if taken doesn't have an expiry date on it

vaio

A car battery that only lasts 8 months is not of merchantable quality and sale of goods says the retailer is responsible and, given the circumstances, should refund

TiTheRev

What kind of outfit was it that no-one else could check to see if the battery was in need of replacement?! I could do that myself at work, let alone the mechanics that work there!?

I can appreciate the warranty issue and we'd only do the same (ie: replace the faulty one FOC), but maybe you can ask for their bulk prices on tyres, if all they would offer you was their bulk price on the battery!?

albionrovers

Name them and shame them on here.

No-one wants bad press in such a competitive market.

Wig

vaio wrote: »

A car battery that only lasts 8 months is not of merchantable quality and sale of goods says the retailer is responsible and, given the circumstances, should refund

How much would you deduct for benefit gained? I would deduct about £20 leaving £40 which is why I think the credit note of £60 is the best option. Not to mention a heck of a lot less hassle than having to threaten court and pay for court hearings and show that the item is not satisfactory. The retailer here is offering a generous olive branch, I would take it.