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Paint flaking off 08 C2 VTS do I have any comeback?

2»

Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    AdrianC wrote: »
    The manufacturer's warranty won't cover poor respray work. Or, unless the annual inspections have been carried out, anything.

    This is correct. Which is why the OP aims his complaint at the dealer. The dealer can then (if applicable) use any un-expired manufacturers warranty to rectify.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Come on then.

    http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/reports/676408/OFT1152con.pdf

    Might take you a while to digest it but it's all in there. Surprised you don't already know seeing as you seem to know everything else.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Tilt wrote: »
    Yes, do you require a link?
    Here y'go.
    http://www.legislation.gov.uk/ukpga/1979/54
    s48a(3) does say six months, yes. But don't forget s48a(4).
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Tilt wrote: »
    url]http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/reports/676408/OFT1152con.pdf[/url]

    Might take you a while to digest it but it's all in there. Surprised you don't already know seeing as you seem to know everything else.
    That isn't the law. That's an archived copy of a five year old and, apparently, now-withdrawn guidance document. Section 8.19 does indeed repeat the law's six months presumption, but you might like to note section 8.3.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    Isn't red the worst colour for problems on cars? I had a red Polo a few years ago and the paint oxidised really badly on that. I've heard similar horror stories regarding red cars.
    Tilt wrote: »
    SOGA says that a defect arising within 6 months of purchase is deemed to be present at the point of sale. It is for the seller to prove otherwise. However a lot depends on how much you paid, how it was advertised and how many miles it's done. Plus isn't there any manufacturer's warranty left that may cover the bodywork?
    Its a second hand car so unless it was sprayed by the garage the OP bought it from at the time of purchase, then the paintwork is not 5 months old. As mentioned above, the paint work could be 7 years old.
  • Tilt
    Tilt Posts: 3,599 Forumite
    AdrianC wrote: »
    That isn't the law. That's an archived copy of a five year old and, apparently, now-withdrawn guidance document. Section 8.19 does indeed repeat the law's six months presumption, but you might like to note section 8.3.

    As far as the OP's case is concerned, I think the six month rule still probably applies.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Tilt
    Tilt Posts: 3,599 Forumite
    lovinituk wrote: »
    Isn't red the worst colour for problems on cars? I had a red Polo a few years ago and the paint oxidised really badly on that. I've heard similar horror stories regarding red cars.


    Its a second hand car so unless it was sprayed by the garage the OP bought it from at the time of purchase, then the paintwork is not 5 months old. As mentioned above, the paint work could be 7 years old.

    Yes it's a second hand car but the "6 month clock starts ticking" when the purchase is made, not when the car was manufactured.

    But as I said in my original post, a lot would depend on how the car was advertised, how much the OP paid and how many miles it had done to the level of claim he may have.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Tilt wrote: »
    As far as the OP's case is concerned, I think the six month rule still probably applies.
    Perhaps. Perhaps not. One thing's for certain - it isn't anywhere near as clear-cut as you claimed it was.
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