New car repairs and 6 month cut-off?

Bailey101

I purchased a new car at the end of October and started having issues within a couple of weeks. I finally got the dealership to have to look at it mid November and it's been in for repairs the last few days.

They called this morning to say it had been repaired and can be collected but the repairs they've done don't sound as if they're 'permanent' and a bit of a make do job - the gear cables have been realigned and greased and the clutch has been greased (gears were very clunky and the clutch was squeaking). I've had a courtesy car which is a 65 plate and a similar model and the gears were awful and much worse then mine. I'm concerned that when I've done another few thousand miles, I'll be having the same issues again.

I'm aware of the sale of goods act stating that in the first 6 months I can give them one go at repair and then they have to either refund or replace the car, but what happens if the issue is raised and 'repaired' in the 6 months limit but then reoccurs after the cut off? Does it still count as having happened in the first 6 months or do I have to start messing around with mechanics reports and that faff?

I'm going to collect the car later and would like to have a better idea of where I stand before I go in

dannyrst

The Sales of Goods Act has been superseded by the Consumer Rights Act 2015 as of October 1st 2015. You are covered by this.

This specifically states that the buyer has to prove that an issue found after 6 months was present at the point of sale and not developed afterwards.

In your case, you have identified the issue already. Therefore if they have fixed it for 2, 3 or even 10 months and then the same thing happens, you have the proof that it already happened, so they can't hide behind that.

Bailey101

dannyrst wrote: »

The Sales of Goods Act has been superseded by the Consumer Rights Act 2015 as of October 1st 2015. You are covered by this.

This specifically states that the buyer has to prove that an issue found after 6 months was present at the point of sale and not developed afterwards.

In your case, you have identified the issue already. Therefore if they have fixed it for 2, 3 or even 10 months and then the same thing happens, you have the proof that it already happened, so they can't hide behind that.

That's a weight off my mind, thank you!!

In case it gets to the point where I hand back the car, if they decide to refund how much can they withhold from the refund for use of the car? Is there a set out amount or is it down to how well I can argue it?

dannyrst

Bailey101 wrote: »

That's a weight off my mind, thank you!!

In case it gets to the point where I hand back the car, if they decide to refund how much can they withhold from the refund for use of the car? Is there a set out amount or is it down to how well I can argue it?

Up to 6 months from the purchase date, you would be entitled to a full refund. After that point, the seller would be allowed to deduct money from the refund for the time the car had been used.

So if you rejected it after 6 months and 1 day, you would be refunded the value of the car at that point in time.

loskie

if bought before 1/10/15 are you sure it's not SOGA?

BykerSands

loskie wrote: »

if bought before 1/10/15 are you sure it's not SOGA?

OP says end of October.

bobbymotors

dannyrst wrote: »

Up to 6 months from the purchase date, you would be entitled to a full refund. After that point, the seller would be allowed to deduct money from the refund for the time the car had been used.

So if you rejected it after 6 months and 1 day, you would be refunded the value of the car at that point in time.

That can't be right surely?

If it was I could go and buy a brand new Bentley, keep it 5 months 27 days and then get a FULL refund if it was faulty!

There would surely need to be some reduction for usage of the vehicle?

dannyrst

bobbymotors wrote: »

That can't be right surely?

If it was I could go and buy a brand new Bentley, keep it 5 months 27 days and then get a FULL refund if it was faulty!

There would surely need to be some reduction for usage of the vehicle?

No. There would need to be a fault. Can you guarantee a fault will occur with your Bentley within 6 months?

bobbymotors

Even with a fault you can't surely get ALL your money back after say 6000 miles and 5 months of use?

It seems illogical to me if you can?

dannyrst

bobbymotors wrote: »

Even with a fault you can't surely get ALL your money back after say 6000 miles and 5 months of use?

It seems illogical to me if you can?

Why? This is to protect you against buying faulty goods.

If you genuinely bought a Bentley and it something went wrong with it within 6 months, would you be happy for them to knock depreciation off the amount of your refund? Or would you expect them to refund the entire amount? Given that you lose so much as soon as you drive the car off the forecourt, I think it is entirely fair.

BykerSands

dannyrst wrote: »

Why? This is to protect you against buying faulty goods.

If you genuinely bought a Bentley and it something went wrong with it within 6 months, would you be happy for them to knock depreciation off the amount of your refund? Or would you expect them to refund the entire amount? Given that you lose so much as soon as you drive the car off the forecourt, I think it is entirely fair.

The Sale of Goods Act states a retailer can deduct from the refund for usage you've had. Is the new legislation different?