Used Car Broke Down 5 months after purchase still on finance

ohreally

Op, pay for remedial work completed and get the car back.

GAZ237

What is the car?

Tilt

Obviously not many in this thread have heard of the SOGA. The onus is on the seller to prove that the fault did not exist or was caused by something which wasn't present at the point of sale if it occurs within 6 months of purchase. Any warranty is merely an extension to the customer's statutory rights.

The fact that the warranty ran out after 3 months dosn't mean the OP has no come back as he says the problem happened 5 months after purchase.

custardy

Tilt wrote: »

Obviously not many in this thread have heard of the SOGA. The onus is on the seller to prove that the fault did not exist or was caused by something which wasn't present at the point of sale if it occurs within 6 months of purchase. Any warranty is merely an extension to the customer's statutory rights.

The fact that the warranty ran out after 3 months dosn't mean the OP has no come back as he says the problem happened 5 months after purchase.

i was avoiding getting bogged down till we know whats what with the car

Tilt

Another potential problem is whether the OP reported the problem to the seller and gave them reasonable opportunity to inspect and rectify. Perhaps the OP can tell us.

Iom-rf

What was the mileage when you bought it and what was the mileage when it failed?, what was the work done on the clutch within 2 months of purchase?

If the clutch was replaced for example within 2 months of purchase I think that would show the dealer already sold the car knowing there was a fault with it.

forgotmyname

Im guessing not as its been stuck at the garage since last year?

If you got the car taken directly to the dealer they may have fixed it for free, But an 8/9 year old car. I wouldnt expect them to do much at all.

You need to mention the exact car and engine type and what the symptoms are or were before you took it to the garage.

motorguy

Tilt wrote: »

Obviously not many in this thread have heard of the SOGA. The onus is on the seller to prove that the fault did not exist or was caused by something which wasn't present at the point of sale if it occurs within 6 months of purchase. Any warranty is merely an extension to the customer's statutory rights.

The fact that the warranty ran out after 3 months dosn't mean the OP has no come back as he says the problem happened 5 months after purchase.

Not many people would have thought the SOGA is relevant to this - its not a matter of not having heard of it.

Firstly, as someone else said, we dont know what happened the car or whats wrong with it. For example the radiator could have been hit by a stone causing the car to lose coolant, causing the head gasket to go.

The proof that the "fault" was not there at the time of sale is the fact that the O/P drove the car for five months with no issue arising.

Also, the selling dealer would have had the right to examine the car, so the fact that the O/P's brother got the work done elsewhere would nullify most of any potential claim.

You hit the nail on the head with the word "fault". I would have thought say, a head gasket going on a 9 year car with say 80K miles could be described as wear and tear? Or even a water pump failing. You'd have a hard job proving it was a manufacturing fault.

Far too many variables at this stage, but i'd have thought it very unlikely that you could make a SOGA claim stick on a 9 year old car that had a repair done by another garage some five months after the sale, and that the car has sat idle for so long since, thus really not giving the seller the opportunity to examine the car, particiularly given the seller put a warranty on the car and resolved a problem under the warranty.

arcon5

sadiejp wrote: »

Thank you all for your replies much appreciated

Its just i was advised to look at the sale of goods Act - which i did

Its all a bit baffling for me.

SoGA covers inherent faults - and considers the nature of the goods, its price & description. It also doesn't make the seller responsible for wear and tear. And since you've bought a car that's 10 years old and god knows how many miles (?) you can certainly expect significant amounts of wear on all components. If the water pump was say replaced a month ago you may have rights since a water pump should last longer than a month and the rest of the damage consequential. If the pump was replaced 5-10 years ago then it's lived a good life and worn out. The rest of the damage is very unfortunate.

So what's its mileague? And how much did you pay? What make/model?

And importantly, why did you allow the garage to undertake work you couldn't afford?????

Tilt

motorguy wrote: »

Not many people would have thought the SOGA is relevant to this - its not a matter of not having heard of it.

Firstly, as someone else said, we dont know what happened the car or whats wrong with it. For example the radiator could have been hit by a stone causing the car to lose coolant, causing the head gasket to go.

The proof that the "fault" was not there at the time of sale is the fact that the O/P drove the car for five months with no issue arising.

Also, the selling dealer would have had the right to examine the car, so the fact that the O/P's brother got the work done elsewhere would nullify most of any potential claim.

You hit the nail on the head with the word "fault". I would have thought say, a head gasket going on a 9 year car with say 80K miles could be described as wear and tear? Or even a water pump failing. You'd have a hard job proving it was a manufacturing fault.

Far too many variables at this stage, but i'd have thought it very unlikely that you could make a SOGA claim stick on a 9 year old car that had a repair done by another garage some five months after the sale, and that the car has sat idle for so long since, thus really not giving the seller the opportunity to examine the car, particiularly given the seller put a warranty on the car and resolved a problem under the warranty.

If you read post #26, you will see that is my concern also.