What rights do I have with my car?

wealdroam

Jlawson118 wrote: »

I bought a used car from JCT600 in August, I paid upfront without taking finance and after 3/4 months in, I started experiencing issues with the car. Baring in mind that JCT have given me a year's warranty.

I've posted a few threads in the motoring forum regarding the problems but now I'm wondering what rights I have now.

I've been told by an independent mechanic that I need a new timing chain as my current one is stretched. But JCT refuse to accept a fault with the car. I've took it to another mechanic who talked himself out of a sale and told me that I need to contact trading standards but he also said I may have problems if I haven't reported the issues to JCT within the first three months, even though I'm currently on my 4/5th month. I went to email trading standards and there's only a telephone number, so I was going to call out the AA to maybe inspect the car one day this week and contact them if they find anything.

Although I bought the car at just short of 29,000 miles and now I've driven it to just over 34,000. I worry that might affect things too
What are my rights when buying a car?

You've driven the car for over 5,000 miles.

Have you ensured all scheduled maintenance has been carried out during your ownership?

unholyangel

DCFC79 wrote: »

Im no expert but when was the timing belt changed on the car, maybe its due a replacement.

Although it can vary depending on make/model, I believe that variation is 65k-105k miles. So it shouldnt be due for at least another 30k miles.

OP, does the warranty cover the timing belt or are you going to be reliant on your statutory rights? Not that they're a bad thing, but if its covered by warranty, it might save a few headaches.

Your rights when buying a car (even second hand) aren't really different from buying anything else (save for 1 thing which i'll get to in a min). The "goods" should match their description and of satisfactory quality (with satisfactory quality being what a reasonable person would regard as satisfactory taking into account all relevant information). If the goods do not conform to contract (ie are "faulty" or misdescribed) at any point within the first 6 months, you only need to prove the goods don't conform to contract, the trader needs to prove the lack of conformity is not inherent (after 6 months, you also need to prove the lack of conformity is inherent). By inherent, they basically mean that you haven't caused it either by accidental/deliberate damage or natural wear & tear). In the first 30 days you can insist on a refund, after that you generally (with a few exceptions) need to give them the opportunity to repair (or replace if an option). If a the repair fails to bring the goods back within conformity of the contract, you can then insist on a refund - usually in the first 6 months it has to be a full refund but this is the one way motor vehicles differ from other goods, with motor vehicles....they can make a deduction to your refund to account for use you have had within the first 6 months also.

Thats a basic summary of your rights. If the mechanic is willing to put it in writing the timing belt is stretched, take it back to trader and tell them the goods do not conform to contract as a timing belt should last longer than 35k miles (and perhaps also reference what the owners manual says is the replacement interval to support your argument). If they still dont listen, put it in writing and title it either letter before claim or letter before action and give them 14 days to respond.

Alternatively, if you paid any of the purchase price (ie a deposit perhaps) via credit card, you should (providing total price of car was between £100 - £30,000 and its the price of the car that matters, not how much you paid on card) be able to make a section 75 claim against your credit card company also and if the card company refund, you can appeal to the financial ombudsman (neither of those options cost anything).

Come back and let us know how you get on please and good luck.

force_ten

NotRichAtAll

do timing belts not fall into the general wear and tear catagory of running a car? would you try to get new tyres after 12mth because yours had worn down............but yes a timing belt/chain should last more than 35k miles

what issues are you actually experiencing with your car, what make is it. what age is it.

forgotmyname

Another thread.... Why not just get it checked PROPERLY by someone qualified to do it and then write a report that will standup to scrutiny?

powerful_Rogue

Depends on the age of the car as well as the mileage.

My car is 90k or 4 years.

soolin

For information the other threads are here:

http://forums.moneysavingexpert.com/showthread.php?t=5579656

http://forums.moneysavingexpert.com/showthread.php?t=5574191

http://forums.moneysavingexpert.com/showthread.php?t=5573480

Out of interest what car does your girlfriend usually drive and has she driven yours to have come to the conclusion that 'it feels wrong'?

pappa_golf

soolin wrote: »

For information the other threads are here:

http://forums.moneysavingexpert.com/showthread.php?t=5579656

http://forums.moneysavingexpert.com/showthread.php?t=5574191

http://forums.moneysavingexpert.com/showthread.php?t=5573480

Out of interest what car does your girlfriend usually drive and has she driven yours to have come to the conclusion that 'it feels wrong'?

a rolls royce phantom

Inner_Zone

OP now has five threads on the same subject:

http://forums.moneysavingexpert.com/showthread.php?t=5579661

societys_child

NotRichAtAll wrote: »

what issues are you actually experiencing with your car, what make is it. what age is it.

OPs had plenty of advice on his many other threads . . .

It's a underpowered Corsa with a "stretched timing chain" (apparently)