Claiming for Recovery

ahd91

Hi all,

Two weeks ago I put a deposit down on a used car (2001 Mercedes S-Class), and as part of the agreement, the dealer would ensure the ABC suspension system was in good working order and fixed as necessary, with a one month warranty on it specifically. This is clearly written on the receipt.

I picked the car up on Saturday (31st), and all appeared well. Yesterday afternoon however, the ABC system failed rendering the car entirely undriveable. The dealer would not recover the car to their premises as I'm in Leeds and they Leicester, so agreed that I could take the car to a local specialist to diagnose and quote for the issue, which I did, and am awaiting diagnosis.

Now, I'm fairly sure I'm fully entitled to a complete repair or refund, but I'd like to know what the situation is regarding additional expenses, namely having the car recovered.

I believe there's a very good chance that the repair cost will be completely uneconomical and the dealer will want to simply refund me the money. I'd prefer the car repaired but I guess that is besides the point. If a refund is agreed, who is liable to pay the garage for diagnosis, and to have the car recovered all the way back to the forecourt? I assume the dealer?

colino

Under SOGA you will get either repair, replacement or refund. No other costs come into it as he is entitled to have the car presented to him for inspection. It wouldn't be the first time a buyer, or worst of all, rival garage, has entirely misdiagnosed a problem.
You can't force a repair, and neither can the trader force a replacement.

ahd91

So if the dealer decides he isn't happy with the repair quote, and I must present the vehicle to him directly, I may not attempt to reclaim the cost of doing so despite the fact that this is an expense and inconvenience arising directly from the fault?


It says on the citizen's advice website section about used cars that 'You may also be able to claim compensation for any other loss you've had as a result of the fault'. Would this not count here?

colino

Go ahead and take CAB guidance, you never know, the trader might want it back and offer you a goodwill gesture, but otherwise you will have to sue him for anything other than repair, replace or refund. It's not for a trader to make sure you have car recovery insurance in place.

forgotmyname

Get some breakdown cover.

Checked the fluid level?

ahd91

I'm happy to sue him if that's what's required.

It's certainly not the trader's responsibility to make sure I have recovery insurance. And I do have it, which is how I got to the local garage.

But surely having to recover a car a second time to his premises, that has broken down as a direct consequence of something that is entirely his problem, is indeed his problem.




As for checking the hydraulic fluid level; it's all over the staff car park. The strut and pump have likely failed.

AdrianC

ahd91 wrote: »

As for checking the hydraulic fluid level; it's all over the staff car park. The strut and pump have likely failed.

So very definitely not a pre-existing problem...

At the end of the day, you've bought a 13-14yo very complex car, with a reputation for problems in this area. SOGA balances rights against "reasonable expectations".

ahd91

AdrianC wrote: »

At the end of the day, you've bought a 13-14yo very complex car, with a reputation for problems in this area. SOGA balances rights against "reasonable expectations".

And the system, integral to the car's functioning, lasting 48 hours after specifically requesting it be fixed, is a 'reasonable expectation'?


I fully understand that it's an old, complex and unreliable car, but I don't think I'm being unreasonable at all.

tykesi

So basically you just want answers that agree with you rather than helful answers which are pointing out the potential pitfalls and obstacles you may come up against when dealing with this?

Should have just said so at the start.

AdrianC

ahd91 wrote: »

And the system, integral to the car's functioning, lasting 48 hours after specifically requesting it be fixed, is a 'reasonable expectation'?

The system was working when you collected it, and for a period afterwards, before a sudden failure - there can be no denial that the system went from working to sudden failure, since there's a big puddle proving it. If it'd been a gradual leak that might have been present on collection, it'd be a different story. Is the supplier supposed to be psychic?

Don't forget - the failure did not occur 48hrs into the vehicle's life, it occurred 13-14 years into the vehicle's life. If you'd been the one and only owner from new, would a failure after that time be a reasonable expectation?

As far as returning the car to the supplier - you chose to purchase from a company located a significant distance away. SOGA gives the supplier the right to first resolution of any problems. Returning the goods to the supplier is not part of the SOGA rights. You have recovery, and they may well (depending on the package you have) have taken the car to the supplier, but they have fulfilled their contract by taking the car to an alternative place of repair, as you requested. The supplier have, so far, agreed to delegate their right to repair to that garage - you're already in the realms of goodwill there.

IF the supplier and the repairer can't come to an agreement, your further rights under SOGA are limited, without you arranging to have the car transported back to the supplier - have a look on eBay etc for vehicle transport companies. BUT you have a one month warranty on the suspension. You really need to be investigating the Ts & Cs of that warranty. By all means post them here for any help and clarification - but I rather suspect that you'll find the warranty excludes wear and tear components, so you would have to prove that the failure wasn't wear-related. Good luck with that.

jimjames

ahd91 wrote: »

I'm happy to sue him if that's what's required.

It's certainly not the trader's responsibility to make sure I have recovery insurance. And I do have it, which is how I got to the local garage.

But surely having to recover a car a second time to his premises, that has broken down as a direct consequence of something that is entirely his problem, is indeed his problem.

As for checking the hydraulic fluid level; it's all over the staff car park. The strut and pump have likely failed.

Your location isn't any relevance to the dealer you bought from.

If you buy a car from the other side of the country then you'd need to consider that if you need to take it back for any reason.