Car warranty 1 month only - soga rights?

fatbadger2

forgotmyname wrote: »

Inspection may require a total stripdown of the engine.

Any idea what has failed?

Brief inspection by BMW tech (before I sent it back) thought it was either piston/cylinder damage or big end bearing

vaio

doesn't really matter what has gone wrong, SOG requires that the dealer fixes it.

Also see my post #9 re using your warranty or SOG rights (a clue....use SOG every time)

fatbadger2

vaio wrote: »

nah, the proportion bit might work on a good will contribution from a manufacturer but the OP has sale of goods rights that mean the vehicle either needs to be repaired free or refunded. Note if they do repair it's likely to be by way of a second hand engine

OP.....

If you claim under sale of goods then the repair etc must be done "without significant cost or inconvenience" to the consumer so free transport & a replacement car whilst the repair is done.

If you claim under the warranty then you must abide by the T&C of the warranty and if they say you have to return the car to them so be it

Some thoughts/questions. I was never clear at the start as to which route we were going down - dealer said he would fix under warranty, so I accepted this (though after 2 wks there has been zero comms from him).

Second-hand engine.. I can see this being likely, but if I then sell it, the buyer will know the engine has been changed and therefore the car will be worth LESS. Is that something that I just have to accept?

Does the fact that I have (by default, not knowing any better) accepted a warranty repair mean that I cannot claim under SOGA now??

Thanks very much :A

unholyangel

fatbadger2 wrote: »

Some thoughts/questions. I was never clear at the start as to which route we were going down - dealer said he would fix under warranty, so I accepted this (though after 2 wks there has been zero comms from him).

Second-hand engine.. I can see this being likely, but if I then sell it, the buyer will know the engine has been changed and therefore the car will be worth LESS. Is that something that I just have to accept?

Does the fact that I have (by default, not knowing any better) accepted a warranty repair mean that I cannot claim under SOGA now??

Thanks very much :A

I think most people would class being without a car as a significant inconvenience....unless the dealer is providing a hire car?

As for the repair affecting you claiming under the SoGA, a repair is one of the remedies offered by the SoGA (repair, replacement or refund - which can be partial to take into account use you have had of the goods). Although technically they are repairing under warranty rather than SoGA. But more importantly, allowing the retailer a chance to remedy (repair/replace) does not affect your right to reject the goods if they do not conform to contract.

Any remedy should be of no cost and no significant inconvenience to the consumer. You are expected to mitigate your losses though. Meaning you cant say......claim costs for limo hire when you could get the bus or carpool to work.


Under the SoGA, you can (instead of a refund) ask for a reduction in price - which I think might be apt in this situation if the value of the car will decrease due to the fault/repair.

fatbadger2

unholyangel wrote: »

Any remedy should be of no cost and no significant inconvenience to the consumer. You are expected to mitigate your losses though. Meaning you cant say......claim costs for limo hire when you could get the bus or carpool to work.

Under the SoGA, you can (instead of a refund) ask for a reduction in price - which I think might be apt in this situation if the value of the car will decrease due to the fault/repair.

Thanks.
Kept my old car - tho still out of pocket paying two lots of insurance premiums etc :cool:
Reduction in price may be promising. Best wait for a repair before I ask for that otherwise he will go ballistic! :rotfl:
2 weeks and still no comms - I will wait one more then getting a solicitor i think.

I will keep everyone updated. Thanks all

unholyangel

fatbadger2 wrote: »

Thanks.
Kept my old car - tho still out of pocket paying two lots of insurance premiums etc :cool:
Reduction in price may be promising. Best wait for a repair before I ask for that otherwise he will go ballistic! :rotfl:
2 weeks and still no comms - I will wait one more then getting a solicitor i think.

I will keep everyone updated. Thanks all

These things generally are simple enough that most people can either do it solely or with advice from CAB/Consumer Direct (now one and the same) etc. However if you do need a lawyer, why not put those insurance premiums to good use (if you have legal cover with them)

Have you spoken to the dealer? Has he given you an idea of how long it will take? I would try this option first and if i felt the dealer was giving me the run around or if he was failing on promises, a letter making time of the essence might be in order.

fatbadger2

Sent dealer a letter outlining what I expect.... now they seem to be nice as pie. I wonder if they went and got there own legal advice in the mean time?

Good news: I get a secondhand engine fitted with less miles on it and fixed "very soon" by a proper Audi specialist (apparently)

Bad news: The car is effectively worth less if I wanted to sell it (which I do) due to the negative impact of its history.

In fact, if I went back in time to look at the car advert that got my attention in the first place, and it said "has had replacement engine... " I would give it a very wide birth indeed :eek:. Wouldn't you? So can't I argue that the car should be retrogressively reduced in price?

Any idea where I stand on this issue? I guess they are doing what the law requires, but I will still be out of pocket - I estimate its worth a grand less with this new engine

Alias_Omega

Ensure V5 is updated with new engine number etc.

fatbadger2

- but will the car be worth he same ??
- would you by a car with different engine ?

arcon5

Yes, would need to see paperwork for the engine confirming its mileage though.

Would it be worth the same? Don't know! Do some research. Even if it isn't then as it has less miles this may counter the loss of value.