Second Hand Car - Advice Urgently Needed

ImADeity

Hiya - no - I bought the car by trading in my old car for 2k, and paying the remaining 6k in cash ( I know - I KNOW !!!!!)
Am I compromising myself by getting the car fixed?

smcaul

I think I remember reading somewhere that they have to give you a warranty, and it may well be 6 months not 3, try posting over on http://www.honestjohn.co.uk/forum/threads.htm?f=2 you may well get some better advice. If it was me I would just be telling the dealer now that he either fixes it, refunds or you will get it fixed and pursue him through the small claims court.

ImADeity

Been on hold now to the warranty company for nearly an hour - they are experiencing a high number of calls.

Its my birthday ... ((

furrypolka

They're not obliged to give you a warranty at all, but they cannot restrict your rights under the SoGA, so keep pressing on with the letter you have written and let us know how you get on.

IvanOpinion

ImADeity wrote: »

Its my birthday ... ((

.. and I'll cry if I want to


Happy Birthday

ivan

barvid

> despite being advertised with a full service history, the car had in fact not been serviced

A "full service history" means a written history of all services that have taken place on the vehicle - it doesn't mean that the car has been serviced prior to being sold. A FSH could be a record of one service nine years ago if that's all the car's ever had.

ImADeity

OK Barvid - but the point is not really the service - thats a side issue - but the fact that Ive owned the car for 8 weeks, had it for 6, its already had to have a major "operation" and now is off the road again.
Update anyway .... am getting the car towed on Monday to a garage for diagnostics - because its a Toyota you have to find a place that not only does auto gearboxes but also has their diagnostic equipment, so this has taken a week ... grrr ... mailed the dealer with the above letter and also sent it recorded delivery, he mailed me back with this.....


The vehicle still has not had the problem diagnosed therefore you are only taking the RAC word what it could be.
As discussed on sunday evening you have a warranty with the vehicle which you signed and agreed the terms & conditions, you declined to extend the period of time and the claim limit. And was happy to take the free warranty given to you.
Any repairs carried out to the vehicle have to be authorised by the warranty company. It is not a dealers responsibility to provide a courtesy car.
I have spoken to the warranty company and they have said you have to ring the claims department and speak to an engineer they can recommend a garage which deals with automatic transmissions.
Auto protect have said that if you use one of their recommended repairers the labour rate will be a lot less than you have been quoted.
I have taken legal advice on this matter.

Sincerely

So Ive sent him this ....

John

We have of course already spoken to APA who have advised us that they pay a standard 43.00 labour charge within the M25, and that as thir recommended garage called us to explain that they do not have the necessary diagnostic equipment, they are happy for us to take the vehicle to the garage we have booked it in with (who are considerably cheaper than the Toyota main dealers). Automatic Transmissions have informed us that they do a lot of warranty work, and are familiar with the necessary procedures.

Naturally we shopped around in order to save excessive costs for repair.

We are closely following the procedures laid down in the warranty.

We are not expecting you to provide a courtesy car, merely to point out to you the additional costs and inconvenience that the unreliability of this vehicle is causing us.

We will proceed with the repair as agreed with APA, once thay have had the quote from the garage and authorised it, and will forward you an invoice as originally discussed for the excess.

I am sure that if you have taken legal advice your counsel will advise you, as did ours, of our rights under consumer law over and above the provision of a warranty as this is a clear cut case under the Sales of Goods and Consumer Protection acts. A warranty, of any type, irrespective of cost of duration, does not supercede our legal rights in this matter.

I will contact you again once the costings have been made clear.

Regards

And have heard nothing since. Im pretty sure we are watertight to take this to the small claims court if he wont pay up the excess, so the plan is to get the work done, send him an invoice for the excess, giving him 14 days to pay. If we dont then get payment, Im planning to go to small claims, also claiming for the cabs and things I have had to take to get to work etc. Does this sound like a good plan???

BTW birthday great - at least I could drink without worrying about driving lol

liz_uk

Again, not able to help, but wish the poster the best luck !

Having just bought a second hand car from a dealer myself, I know how stressful it is - as the `car salesman reputation` isn`t always good !

My car is going in for a full service on Wednesday with my garage, so am intrigued to know if there is anything wrong !

ImADeity

The gutting thing was that the car I part ex'd to him I had had for five years and had not had one single solitary day off the road, or anything done to it over and above normal servicing, brake pads etc. I really regret parting with it and its still on his website ((