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Evans halshaw

Bought a used car 4 months ago,it came with a three month warranty.There are several faults appearing,eg,boot wont lock or unlock with central locking or using key manually,electric window on passenger side works intermittently and the electric window buttons on the drivers side have sunk into the door,we can pull them out again but obviously it shouldn't happen.Where would we stand if we took it back for repair.I know it's out of warranty but you get longer if you return goods to shops.
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Comments

  • whatmichaelsays
    whatmichaelsays Posts: 2,927 Forumite
    Part of the Furniture Combo Breaker
    edited 13 January 2010 at 10:10AM
    For a three month warranty, I'm assuming you bought it used.

    Unfortunately when it comes to used cars, there has to be a point at which particular faults have to be considered as "typical for a car of that age" (whatever that age may be), which is why you rarely get anything more than a three month warranty without paying extra. No dealer would sell a 10 year-old car with a 12 month warranty for example as there is little way in which they could vouch for that car's entire condition. They all advertise these "120+ point checks" but they rarely consist of anything of "Tyres? Yep, they're there, that's four ticks. Seats? Five ticks there" etc.

    If you're outside the warranty and want the repairs doing for free, you've going to have a struggle on your hands.
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  • ankspon
    ankspon Posts: 2,371 Forumite
    Yes it's used but only three year old,another fault was a chip on the windscreen,we never noticed it when we bought it and thought it happened during our use of the car,we called autoglass who use the resin to repair chips and they said it had already been done and they can't repair it twice.We feel we have been taken for a ride.
  • Glass is rarely covered by a warranty anyway due to the nature of breakages. The only advice here is to thoroughly check before handover (too late now) and report the fault as soon as possible - the longer it is left, the longer Halshaw can say that it wasn't an issue when they handed it over. Autoglass saying "we have already repaired it" is merely their policy of not repairing windscreens more than once. Given how the windscreen plays such as large part of the vehicles structure, too many repairs can compromise that. The repair itself is usually only intended as a remedial measure rather than a permanent solution (the repair leaves a mark which, depending on where it is, can result in an MOT failure) and it is possible that your use of the vehicle has propted the defect, which was not visible to either yourself or the dealer at the time, to re-emerge.

    There may be regulations here that can help you out but I can't see how the SOGA applies here, given that the wording is "reasonable period of time". Over three years and three months goes beyond the scope of most car warranties. Somebody else may be able to advise otherwise but as I say, prepare for Halshaw's standing their ground on this.
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  • MORPH3US
    MORPH3US Posts: 4,906 Forumite
    1,000 Posts Combo Breaker
    Did you not notice any of the faults in the first three months...?

    If yes, why did you not take it back within the 3 months?

    If no, then that is either because a) they weren't faults in the first three months or b) you didn't check carefully enough. Either way, unfortunately you aren't going to get any joy now I wouldn't of thought...

    Maybe go back and have a friendly word with their people who might fix one or two problems out of the goodness of their heart, IF they are having a good day and IF they like you and IF it won't cost them much...

    I don't think they would legally have to do anything though and if I were you I would just tell them about the main 1 or 2 problems not go in with a long list because they will likely tell you where to go.
  • Tozer
    Tozer Posts: 3,518 Forumite
    Disagree with the advice so far. Irrespective of the contractual warranty provided, there are still potential rights under the Sale of Goods Act.

    The key one is that the car must be of satisfactory quality. Although second-hand, this requirement applies taking into account the age, price paid and the condition.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    MORPH3US wrote: »
    Did you not notice any of the faults in the first three months...?

    If yes, why did you not take it back within the 3 months?


    I was going to say the same thing but decided my reply wasn't as nicely put and deleted it....:)

    Glass tough luck and if I were you I wouldn't even mention it. I have had the glass argument before and you will just get cross.

    Electrics though should really last longer on a 3 year old car.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Tozer wrote: »
    Disagree with the advice so far. Irrespective of the contractual warranty provided, there are still potential rights under the Sale of Goods Act.

    The key one is that the car must be of satisfactory quality. Although second-hand, this requirement applies taking into account the age, price paid and the condition.


    Correct but the SOGA would act on reasonableness of the fault given the age, price etc.

    None of the repairs listed are of a major nature that shouldnt be expected on a 2nd hand car.
  • Tozer
    Tozer Posts: 3,518 Forumite
    Anihilator wrote: »
    Correct but the SOGA would act on reasonableness of the fault given the age, price etc.

    None of the repairs listed are of a major nature that shouldnt be expected on a 2nd hand car.

    That's what I said.

    The repairs don't have to be of a major nature as rejection of the car is not contemplated.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Tozer wrote: »
    That's what I said.

    The repairs don't have to be of a major nature as rejection of the car is not contemplated.


    The point I was making is that I dont think in this case the OP has any rights on these particular repairs.
  • Tozer
    Tozer Posts: 3,518 Forumite
    Anihilator wrote: »
    The point I was making is that I dont think in this case the OP has any rights on these particular repairs.

    Windscreen - no. the remainder, can't see why not.
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