Used Car Dealer and Consumer Rights?

Tican

Hi there,

I bought a second hand car from a Used Car Dealer on 21st October 2014, with a 12 month warranty.

I got in touch with them and had it booked in for today with some issues which have developed over the couple of months, the diagnostics have come back as a new Auxiliary Belt & tensioner (making a strange noise when cold, almost like metal on metal) and Weather Strips for the rear lights (as there is a leak in the boot). One issue is still unresolved.

The garage have got back to me to say that the Dealer are refusing to pick up the bill and that I need to pay for the repairs.

Am I correct in thinking that if I got the car within 3 months then they are responsible in proving that the faults did not exist when I purchased the car & that I do not go through the warranty I have, and go through the dealer?

"The law
When you buy a used vehicle from a trader you are making a legally binding contract. You have legal rights against the trader under the Sale of Goods Act 1979.

The vehicle should be:

- Of a satisfactory quality - free from minor defects, safe and durable for a reasonable length of time. When assessing satisfactory quality you should take into account the price you paid for the vehicle, its age, mileage and condition at the time of sale."

From the AA website
"The dealer is liable for faults with the vehicle - that mean it was not of satisfactory quality - that were present at the time it was sold even though they may only become apparent later on."

Thanks in advance,

harveybobbles

Weather strips wont be covered..

As for the tensioner - it sounds like YOU have authorised the repair if you are saying the warranty company are refusing to pick uo the bill?

Tican

harveybobbles wrote: »

Weather strips wont be covered..

As for the tensioner - it sounds like YOU have authorised the repair if you are saying the warranty company are refusing to pick uo the bill?

The garage have said that the warranty company will classify it as a wear and tear item. I am yet to call the warranty company, as I had a repair done on the car a month ago from the service light and the Dealer picked up the bill.
I have said to the garage that I will need to work out what to do from now. They are also saying that I need to pay for the hours labour.

This is a garage I wouldn't usually use, as they are too expensive. I know better and cheaper. That's the annoying thing.

E: I am in between a rock and a hard place at the moment as I need the car for work and only have today and tomorrow off.

Foxy-Stoat_3

As you have not told us the age, mileage and price paid, I don't think anyone will be able to advise you.

Sounds like wear and tear, not a fault of the car.

Tican

Foxy-Stoat wrote: »

As you have not told us the age, mileage and price paid, I don't think anyone will be able to advise you.

Sounds like wear and tear, not a fault of the car.

Vauxhall Insignia, 2010 - 60 plate. £6,500 paid ( I know this is high but the dealer has a good reputation and had what I thought was a comprehensive warranty). The mileage is 92,500. I have done 2,000 since owning it. Surely I can expect it to last longer than that? The belt was last replaced at the 2013 service, 62k miles

Tilt

Your'e being fobbed off.

SOGA says that the onus is on the supplying dealer to show that the faults did not exist at the time of purchase if said faults materialise within 6 months of purchase. The warranty isn't a replacement of your statutory rights under the SOGA, it is merely an addition to them so your claim is against the supplying dealer and NOT the warranty co.

In addition though, the seller must have reasonable opportunity to inspect and (if necessary) rectify.

So you need to take it back to the seller and ask him to resolve. If he refuses, then you write a letter repeating your request (as if you havn't already asked him verbally) and refer to your rights under the Sales of Goods Act 1979 (as amended).

This should help you; http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/reports/676408/OFT1152con.pdf

Joe_Horner

"metal on metal" sounds from the belt suggests that the tensioner either wasn't changed when the belt was done, or that a cheap pattern tensioner was used and is now failing. Rubber belts don't make metal sounds, metal tensioners do!

Either way its a fault that existed before you bought the car and their responsibility to repair under SOGA regardless of whether or not you took a warranty.

motorguy

Tilt wrote: »

Your'e being fobbed off.

SOGA says that the onus is on the supplying dealer to show that the faults did not exist at the time of purchase if said faults materialise within 6 months of purchase. The warranty isn't a replacement of your statutory rights under the SOGA, it is merely an addition to them so your claim is against the supplying dealer and NOT the warranty co.

In addition though, the seller must have reasonable opportunity to inspect and (if necessary) rectify.

So you need to take it back to the seller and ask him to resolve. If he refuses, then you write a letter repeating your request (as if you havn't already asked him verbally) and refer to your rights under the Sales of Goods Act 1979 (as amended).

This should help you; http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/reports/676408/OFT1152con.pdf

Its a fan belt thats worn out after 30,000 miles of use.

Its wear and tear.

motorguy

Tican wrote: »

Surely I can expect it to last longer than that? The belt was last replaced at the 2013 service, 62k miles

The belt has lasted 30,000 miles. Thus it wear and tear.

Tilt

motorguy wrote: »

Its a fan belt thats worn out after 30,000 miles of use.

Its wear and tear.

Does the manufacturer recommend the belt being changed every 30k miles? If so, the seller should of replaced it before selling it on.

Tican

Tilt wrote: »

Does the manufacturer recommend the belt being changed every 30k miles? If so, the seller should of replaced it before selling it on.

This is the point I was trying to get at :money: