Help. My cars packed in and I've only had it 2 months

arcon5

There are plenty of posts re Sale of Goods Act (SOGA) which suggests a car should go for 6 months without major problems.

That's not what the sales of goods act says at all!! The 6 month rule is merely who the burden of proof is on.


Op,
What's the cars mileague?

Whether you have any rights really depends on the fault and whether its down to an inherent fault or merely the result of natural wear and tear as a result of buying a used 6 year old car

mr_skinflint

motorguy wrote: »

^^^^

This

and just to confirm, i think pretty much after 4 weeks ish you're deemed to have accepted the car therefore the rejection avenue is pretty much closed.

I don't want to reject the car completely; I just want it fixed. Do I send a letter to the dealer refering to the Sale of Goods Act or do I get the car fixed and try to claim the money from him afterwards?

smashingyour...

You gotta love em.

Discovered the fault then drove it home.

mr_skinflint

smashingyour... wrote: »

You gotta love em.

Discovered the fault then drove it home.

The fault didn't stop me driving the car home (400 metres way). And I didn't want to leave the car in a petrol station forecourt.

Any useful advice would be appreciated.

mr_skinflint

arcon5 wrote: »

That's not what the sales of goods act says at all!! The 6 month rule is merely who the burden of proof is on.


Op,
What's the cars mileague?

Whether you have any rights really depends on the fault and whether its down to an inherent fault or merely the result of natural wear and tear as a result of buying a used 6 year old car

from citizens advice:
You discover the fault within six months

You discover the fault within six months of you buying the car, it is presumed that the fault was present when you bought it.
If the dealer disputes this, it is up to them to prove the fault was not present. A pre-sale ‘tick box’ check of the car’s mechanical condition when it was sold is not sufficient. Neither is a paper you have signed which says something like "examined and found satisfactory in all respects." They need to provide reasonable evidence, such as an independent report into the car’s condition.

It's unlikely that the dealer will have an "independent report" on the cars condition so he'll have to get the car repaired, surely.

arcon5

You'd have to give them the opportunity to repair it themselve - if you have a good case that is. They should at the very least diagnose it and tell you if they believe it is reasonable or not based on wear and tear. Otherwise you'll have to have it diagnosed yourself. The diagnosis should also include an independent opinion as to the cause and not just the fault. If say its because your water pump is failing and your coolant low then its probably reasonable to expect a water pump to fail at year 6

arcon5

mr_skinflint wrote: »

from citizens advice:
You discover the fault within six months

You discover the fault within six months of you buying the car, it is presumed that the fault was present when you bought it.
If the dealer disputes this, it is up to them to prove the fault was not present. A pre-sale ‘tick box’ check of the car’s mechanical condition when it was sold is not sufficient. Neither is a paper you have signed which says something like "examined and found satisfactory in all respects." They need to provide reasonable evidence, such as an independent report into the car’s condition.

It's unlikely that the dealer will have an "independent report" on the cars condition so he'll have to get the car repaired, surely.

Or he can have a mechanic offer in writing a professional opinion. And if the cars not faulty refuse a repair.

(Remember there is a difference between something being inherently faulty and just worn out)

Strider590

Apparently this can be caused by the oil breather and.... sod it, just Google the fault!

http://www.vwaudiforum.co.uk/forum/showthread.php?1339-A6-1-9TDI-130-SMOKE-PROBLEM&

Thing is, it could be almost anything, from a cheap cracked hose, to the hugely expensive (Turbo).

johnmc

First accept that it's going to cost you money if you want the car now.

Get it to a trusted garage and do as others have said about getting a diagnosis.

You'll then have a better idea about what the problem is and the real cost of fixing it. From there you can decide what to do.

EdGasket

mr_skinflint wrote: »

I don't want to reject the car completely; I just want it fixed. Do I send a letter to the dealer refering to the Sale of Goods Act or do I get the car fixed and try to claim the money from him afterwards?

I would think you need evidence that you have asked the dealer to repair it and he has refused. This might for instance be a recorded letter with proof of delivery giving him 7 days to respond which he probably won't. Then you could get it repaired elsewhere because you need it fixed, and claim the money back through small claims court from the dealer using your evidence that you asked him to repair it and he refused. I guess if you need the car really quickly you could go down to the dealer with a witness and ask about a repair but I think the recorded letter is the preferred method although this takes time.