car warranty has no insurance underwriter. help

Joe_Horner

mattyprice4004 wrote: »

Anyway, to re-iterate, SOGA is on your side. Within 6 months they have to prove the fault wasn't there at the time of purchase.

As with most things SOGA, it's not quite that straightforward.

The 6 month assumption of pre-existing fault arises from S.48A(3) but S.48A(4) then says that (3) doesn't apply if "its application is incompatible with the nature of the goods or the nature of the lack of conformity."

In many cases, it will be inconsistent with the nature of second hand goods to assume a pre-existing fault after 6 months. It will also be inconsistent with the nature of the fault in many cases with cars - clutches, exhausts, tyres, balljoints and so on can be perfectly serviceable 6 months ago but naturally worn out today.

Ultimately, relying on SOGA, it would be up to a judge to decide whether an electrical / electronic failure on a used steering system (it was a used car) could reasonably be considered as "pre-existing" after 6 months. To do that, he'd have to take into account the car's cost, mileage before and since sale, what sort of driving the OP usually does - inner city roundabouts wear the steering a lot more than motorway mileage - and so on.

I have no idea which way a judge would rule in this case, but I'm pretty sure he'd consider it a waste of his Court's time (by both parties) to let it get that far over the sums involved!

mighty_hammers

I have no idea which way a judge would rule in this case, but I'm pretty sure he'd consider it a waste of his Court's time (by both parties) to let it get that far over the sums involved!
If only Joe.

The garage have told us to to drive the car into a wall and ask for a new bumper, that's the likely-hood of them helping us, i quote him. The repair estimate for the car is 1340.00 A new steering motor column and fitting by a Renault garage. we paid 3995.00 just under 6 months and my husband travels a 20 minute journey to the train station most days.
we are pursuing a case against them via my credit card company if they ever get round to sending the forms, Just a small thanks to Tesco who need 4 phone call to supposedly send out the wrong form, still not received.

forgotmyname

Drive into a wall for a new bumper? I thought the steering was faulty not the bumper?

But that will mean a claim on your insurance, So you need to pay the excess and probably increased premiums for 5 years.

May as well pay the £1000 for the new parts yourself.

mighty_hammers

no not drive into a wall literaly. he was saying that the liklihood of him helping us, was if we'd driven into a wall and then gone and asked him to repair the bumper.