Used cars and your rights under Sale of Goods Act

Scarlett

I'm hoping someone with more knowledge of consumer law can give me some advice...

I drive a lot for work and, with fuel savings in mind, I bought a LPG-converted dual fuel car from a dealer at the end of October 2005. It’s a 2003 MG ZS and as MG Rover had gone under, I took out a year’s warranty through the dealer, with a company called Premier something or other (don’t have the details with me). Still don't really know if that was wise or not.

At the beginning of December, the car completely conked out and I had to take it to our local mechanic/dealer to have a faulty engine control unit replaced under the warranty – at a cost of about £700, but all covered by the warranty company. All in all, the car was off the road for a month over Christmas, being examined and fixed – a very frustrating and expensive time. :mad:

When I got the car back, the main problem was fixed, but the car would no longer run on LPG, only on petrol. Very frustrated at the lost savings there! I took it back to my local mechanic/dealer who also happens to be an approved LPG conversion garage, but he couldn’t work out what the problem was with the LPG system, and suggested that it may need a whole new LPG system and the best thing to do was to take it back to the original installer.

Of course, a new LPG system costs a lot of money (£1,500 or so), so I had been putting it off and putting it off. Now however, there is a problem with the clutch/gearbox. I have taken it back to the dealer that sold it to me, and they have given me a courtesy car while they look at the clutch.

I’m !!!!!! that my LPG car is no longer running on LPG so soon after buying it, and I don’t really think I should be having to replace the clutch either. Instinctively I feel that the dealer who sold it to me should be sorting it all out, but I’m not sure of my position under the Sale of Goods Act.

If I bought the car from the dealer, on the basis that it was a working LPG vehicle (even though the dealer did not really seem to understand the whole LPG/alternative fuel concept) is the dealer liable for any problems with the LPG system? Should they be the ones to send the vehicle back to the LPG installer and more importantly bear the cost?

Should I have to pay to replace the clutch on a 2003 car (it’s still within the three year MOT period)? It’s not covered by the warranty as a mechanical fault, rather it is just “wear and tear”, as the dealer told me.

I'm sick of feeling screwed over by mechanics (I know for sure this happened to me with my last vehicle and a phantom "emissions problem") so any advice on any aspect of what has become a rather consuming issue for me will be greatly appreciated!

balsingh

I'd have a chat with the Citizens Advice Bureau and see if they can help.

Scarlett

Thanks balsingh.

I have also posted this in the Consumer Rights thread for more consumer advice.

Sorry for the duplicate post!

flea72

on all extended warrantys ive dealt with, you have to state the fuel type for the vehicle, so i would say that if yours was listed as LPG, then any probs with this should be covered under the warranty.

as for the clutch, yes you would have to pay for that to be repaired as its just general wear and tear. Age of vehicle has no bearing on how long a clutch lasts, driving style is what wears them out.

You really need to find out who your warranty provider is, and what level of cover you have. most used car warranties, are only for major repairs that total less than £1k, and have so many exclusions that they arent really worth the paper they are written on

Flea

rrockettman

My mechanic used to service a Mini for an old lady. She used to get 150 miles to the clutch!

As for yours, the clutch is your problem, LPG should be down to the warranty people and the fact that Rover are no more doesn't affect your statutory rights.

treacle

Scarlett,

Yes you have rights under the SoGA 1979. It is not reasonable for the car to have conked out 2 months after purchase - clearly the car was not of satisfactory quality or fit for its purpose. The age and mileage of the vehicle must always be considered with second hand vehicles but I am satisfied you would have rights given the age and providing the mileage is not ridiculous. I would go back to the supplying dealer requesting that they deal with the matter as per your rights.

Under the ammended SoGA if goods prove to be faulty within the first 6 months of purchase the onus is on the seller to show they were not faulty at the time of purchase. If they are going to be difficult it may be worth getting an independent vehicle report.

Your warranty is in addition to your statutory rights - it is a back up and you should not be fobbed off in trying to claim under the warranty when statutuory protection is afforded to you.

The clutch is wear and tear so you will have no claim for this I'm afraid.

Hope this helps!

Scarlett

Thanks all for the very helpful advice.

It will be a couple of weeks until I have time to start sorting this out in earnest (I'm in the process of moving flat and have just started a second job at the weekend) but I shall let you all know how I get on.