Car warranty - legal issue - need suggestions please

Andyhhh

I would appreciate your opinion or suggestions on a warranty issue we have with my girlfriends car.


She purchased a 2001 Toyota Celica on the 5th May this year. It came with a 12 week warranty expiring on the 27th July. In the first week there was a significant issue with the clutch juddering. The car was taken back to the garage after a couple of days and the garage agreed to replace the clutch. When the car was picked up a couple of days later the clutch was still not correct. So the car went back to the garage the next week, so have the clutch and flywheeel replaced. This took another week to complete. Eventually the car was driven away in a serviceable state on the 15th June, some 5 weeks after purchasing the car.


Over the past few weeks my girlfriend has noticed that the oil consumption has been getting steadily worse. She has had to put another 4 litres of oil into the car this week on top of several litres that she needed to put in last month. The local Toyota garage agrees that the oil consumption is very excessive and that there is a problem with the engine which has yet to be identified.


The garage that sold the car does not want to accept any responsibility as we are 10 days outside the 3 month warranty, despite it taking 5 weeks to for the car to have its original faults rectified and for my girlfriend to be able to actually start using the car.


She is now getting another garage to look at the oil consumption problems as the original garage has been rude, dismissive and has finally told her this morning that the oil problem would not be covered by the warranty.


My questions are as follows:

1. When would the warranty start in the eyes of the law ? I would argue that it should be from the 15th June when she finally got to start using the car once it was fully serviceable
2. Is there any way of forcing the original garage to pick-up the inevitable bill to fix the problem.?
3. Is there any way of getting the garage to buy the car back at the original price ?
4. Is there a particular small claims court avenue option open to her, and if so what particular angle should it be on ?

Any other suggestions or ideas would be greatly appreciated


Thanks in advance

vaio

If you are going to rely on the warranty then it’s really down to the terms of the warranty as to whether the oil consumption problem is covered. Even if it is then you have the additional hurdle of arguing that because the car was in the garage for most of the first 5 weeks of your ownership then the warranty should be expended by 5 weeks.

The other option is SOG under the merchantable quality/free from faults/fit for purpose requirements but that is a tricky one as it’s obviously a subjective test taking into account the age of the car and what you paid for it.

Ten year old car is not a good starting point but more info about the fault and costs will help people advise you on the best way forward

forgotmyname

If the oil is not leaking out then it must be burning it, I presume the warranty is just one offered
by the selling garage not through a 3rd party.

A warranty probably wouldnt cover that as its wear and tear. The warranty started when you bought the car.
You should have renegotiated the warranty when the car was in for repair.

Small claims is an option, But you have not mentioned what engine and how many miles the car has on it and
how many miles you have done it in.

Putting 4 litres into the car? The sump must have been close to empty. Are you sure your checking the level
correctly?

On mine if i pull the dipstick out from cold after cars been standing all night it shows the oil level to be low,
But if i clean it and put it back in the level is higher, Puzzles me that one.
Make sure your not over filling it.

InsideInsurance

Small track of the courts is limited to £5,000 but if it is considered too complex it can also push it into a higher court track.

Your warranty will depend on the exact wording, I would expect it to start on the date the vehicle was purchased, the fact other works were done under the warranty generally wouldn't automatically extend it.

You will possibly want to argue it under the sales of goods act, alternatively if you have Legal Expenses insurance on your home insurance they will have a help line that can give you advice and may also be willing to pursue the retailer if they feel there is a reasonable chance of success - it doesnt count as a claim against your home insurance with most insurers.