Faulty car out of dealer warranty

motorguy

Equaliser123 wrote: »

Afraid it isn't correct.

It also doesn't just cover faults at the time of sale. What it does is assess the compliance of the car with the implied warranties under SOGA at the time of sale. One of the requirements under s.14(2) is that the car is of satisfactory quality. This expressly requires the car to be reasonably durable - something which cannot be assessed at time of sale.

We don't know if it would stand up in Court or not as we dont have all the facts. However, I would potentially run it.

Well, i would defend it if i were the dealer :-

• eight months since car was sold
• car five years old
• Fault not present at time of sale

Inactive

pgilc1 wrote: »

Well, i would defend it if i were the dealer :-

• eight months since car was sold
• car five years old
• Fault not present at time of sale

Well you would wouldn't you..:rotfl:

vikingaero

Equaliser123 wrote: »

Afraid it isn't correct.

It also doesn't just cover faults at the time of sale. What it does is assess the compliance of the car with the implied warranties under SOGA at the time of sale. One of the requirements under s.14(2) is that the car is of satisfactory quality. This expressly requires the car to be reasonably durable - something which cannot be assessed at time of sale.

We don't know if it would stand up in Court or not as we dont have all the facts. However, I would potentially run it.

So how long is "reasonably durable"? What happened to the car in the first 4 years of it's life, it may have been a driving school car, a courier vehicle, lived it's life in the city or just plain abused?

Inactive

Oh dear, the truth often hurts..:rotfl::D

Equaliser123

vikingaero wrote: »

So how long is "reasonably durable"? What happened to the car in the first 4 years of it's life, it may have been a driving school car, a courier vehicle, lived it's life in the city or just plain abused?

It totally depends on the circumstances. Ultimately a judge decides.

Thing is unless the dealer makes it known at the time of sale that the car has, e.g., had a hard life and the price reflects this, it will be regarded as whether it is reasonable for a car of the age, mileage, etc to have failed.

Equaliser123

pgilc1 wrote: »

Well, i would defend it if i were the dealer :-

• eight months since car was sold
• car five years old
• Fault not present at time of sale

If points 2 and 3 were the basis of your defence, I would have no problem getting a decision in favour of the OP. As for point 1, as said (several times) it depends on the facts.

Maloric

vikingaero wrote: »

So how long is "reasonably durable"? What happened to the car in the first 4 years of it's life, it may have been a driving school car, a courier vehicle, lived it's life in the city or just plain abused?

This point would be fair enough if mine were the only car having suffered this fault, but I don't believe that everyone with a faulty torque sensor before 30,000 miles was a courier vehicle. Surely the point you are making can be determined largely by the mileage of the car, which is relatively low for its age (now 34,000 miles).

I'm not particularly looking to make the dealer pay anything towards this, as he didn't build the car and was reasonable in our dealings. I believe the fault lies with the manufacturer, and before approaching them with the issue I was hoping to do my research.

@oldagetraveller - thanks for the link. I've actually read the whole thread, and the number of separate cases is shocking. I wasn't aware of the issue with the steering rack, though.

Ideally, I'd like to find any official stance from Vauxhall on this so I have a precedent to refer to, but aside from people saying "Vauxhall paid 40% of mine" I haven't seen anything concrete I can really use. I have been told that Vauxhall were offering 40% off the cost of a new steering column if the car was 4.5 years old, though I can't find anything official to support this.

wary

This featured on BBC Watchdog last week:
http://www.bbc.co.uk/blogs/watchdog/2010/09/vauxhall_meriva.html

The website says Vauxhall has promised to fix the fault for free and gives the customer assistance centre number as 0800 026 4970. The programme said this number is also for those who have already paid to fix the fault and who want recompense, and indeed this happened to me in May 2008 and it cost me £650 to have fixed. At lot to shell out but I wouldn't even drive the car after it happened until fixed (it was towed to the garage), I considered it so dangerous. I'll be phoning this number later this morning!

ilovebanksMCMLXXXI

Have you asked the supplying dealer for any goodwill?

atrixblue.-MFR-.

pgilc1 wrote: »

Well, i would defend it if i were the dealer :-

• eight months since car was sold
• car five years old
• Fault not present at time of sale

i'd expect the dealer trader to say this have him put it in writing then run to the solicitors.

then laugh home from court just having won + costs.