Consumer rights

sally_manton

My partner bought a sencond hand truck under 2 months ago from a registered garage . We have now found that several major issues have risen with this truck, like a new clutch needed, new oil filters, and now the head gasket has broken, this is all very costly to us. We have spoken to the garage as we have 1 years warrenty with the vehicle when we bought it.
The garage have said there is nothing they can due as it is not covered under wear and tear, but surely as the warrenty is 1 year and we have had it less than 2 months, its not classed as road worthy, please could you advise if there is any way we could get help in paying for repairs to a vehicle that could be classed as dangerous?

Weirdlittleman

What did your partner buy the van for?

sally_manton

Working purposes, he wasnt aware the truck had a head gasket in the first place, and its not easy to spot without taking the engine apart first.

Weirdlittleman

In that case he has no consumer rights as he is not a consumer
They are bound by the contract. What did the contract say regarding the warranty and condition of the vehicle etc?

sally_manton

The warranty is for 1 year, the seller said the truck is in excellent working order. The excess on the warranty is £150, we have had the truck for a month and a half, we have had to put a new clutch in it, spark plugs, deisel tank, and now a new head gasket..all in the space of a month and a half. The seller is not interested in helping us.

Equaliser123

Weirdlittleman wrote: »

In that case he has no consumer rights as he is not a consumer
They are bound by the contract. What did the contract say regarding the warranty and condition of the vehicle etc?

That isn't correct. The truck must still be of satisfactory quality, fit for purpose, etc unless the contract has disapplied the implied condition.

sally_manton

Thats what i thought, but i dont know where to go from now, surely if you buy a watch for instance and it doesnt work, you take it back, is it not the same with cars/trucks? customer satisfaction and all that!

Weirdlittleman

Equaliser123 wrote: »

That isn't correct. The truck must still be of satisfactory quality, fit for purpose, etc unless the contract has disapplied the implied condition.

Yes possibly but this isnt as simple as in the SOGA. Just because it has developed faults - especially wear and tear ones - doesnt mean it isnt.

Further to this it would be for the OP to prove all of this unlike under the SOGA.

The fact that truck was sold as in excellent condition does give something for the OP to use.

Equaliser123

Weirdlittleman wrote: »

Yes possibly but this isnt as simple as in the SOGA. Just because it has developed faults - especially wear and tear ones - doesnt mean it isnt.

Further to this it would be for the OP to prove all of this unlike under the SOGA.

The fact that truck was sold as in excellent condition does give something for the OP to use.

No, you misunderstand. SOGA will apply unless expressly contracted out of.

sally_manton

This is all above me now, Do you think i have a case? as an unhappy customer..

Equaliser123

sally_manton wrote: »

This is all above me now, Do you think i have a case? as an unhappy customer..

In short, yes.