Used car faulty section 75 query

unholyangel

OP what age was the car, what was the mileage and how much did you pay?

Its relevant because the consumer rights act states:

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the goods,
(b)the price or other consideration for the goods (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).

If we're talking about an 8 year old car with 100k miles, it may just have failed through natural wear & tear (and therefore, you wouldn't have any recourse from the dealer or via a s75 claim).

That being said, you have nothing to lose by submitting a claim (or even escalating it to the financial ombudsman if the credit company refuse). If you're running up other costs in the meantime (taxi/bus to work perhaps) then I'd say just get it repaired and try claiming the cost of the repair - if they question why you went ahead just say it was to mitigate your losses and also that the CRA does not prevent the consumer seeking other remedies - such as claiming damages.

societys_child

I've contacted the garage, but they won't respond to messages left, messages on their website, Facebook, 2 emails.

So you've not actually made contact?
Have you been back to where you bought it?

Do I get it fixed then claim the funds back?
Rent a car and try and claim that cost back?
Become a hermit until it's all resolved?

You can't get it fixed and claim the cost (unless they agree and you should give them a chance to fix it first)
You can't get them to fix a simple alternator fault, but think they'll pay out for a hire car?

unholyangel

societys_child wrote: »

So you've not actually made contact?
Have you been back to where you bought it?

You can't get it fixed and claim the cost (unless they agree and you should give them a chance to fix it first)
You can't get them to fix a simple alternator fault, but think they'll pay out for a hire car?

http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

(9)This Chapter does not prevent the consumer seeking other remedies—
(a)for a breach of a term that this Chapter requires to be treated as included in the contract,
(b)on the grounds that, under section 15 or 16, goods do not conform to the contract, or
(c)for a breach of a requirement stated in the contract.

(10)Those other remedies may be ones—
(a)in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or
(b)instead of such a remedy, or
(c)where no such remedy is provided for.

(11)Those other remedies include any of the following that is open to the consumer in the circumstances—
(a)claiming damages;
(b)seeking specific performance;
(c)seeking an order for specific implement;
(d)relying on the breach against a claim by the trader for the price;
(e)for breach of an express term, exercising a right to treat the contract as at an end.

Not saying it would be advisable in all circumstances. But an alternator is hardly a big/costly repair and in the meantime, OP is probably paying for tax & insurance on a car he can't use as well as possibly also having to find alternative means of transport. So it would appear prudent to get it fixed and then claim damages.

B16mts

The cost to repair is roughly £900, hence why I'm going through the hassle of trying to claim

KeithP

B16mts wrote: »

The cost to repair is roughly £900, hence why I'm going through the hassle of trying to claim

£900 for a replacement alternator??

Seek a second opinion.


Did you miss these questions:

unholyangel wrote: »

OP what age was the car, what was the mileage and how much did you pay?

B16mts

The alternator itself is maybe £250, but it's 7 hours labour to Virtually remove the engine to be able to change it, so yeah, £900 is about right. I'll happily pay you £500 if you can get it done for that!

unholyangel

B16mts wrote: »

The alternator itself is maybe £250, but it's 7 hours labour to Virtually remove the engine to be able to change it, so yeah, £900 is about right. I'll happily pay you £500 if you can get it done for that!

As keith says, call around for quotes. Most garages around here (chains excluded) charge £50 per hour. Some charge as little as £35 per hour.

https://www.labourrates.co.uk/

Perhaps see if that page has any info on your area to give you an idea what the minimum, maximum and average is.

DoaM

OP has still not said anything about the make, model, age and mileage of the vehicle ... I wonder why that is?

B16mts

Because I didn't see it being that relevant.

It's a Chrysler 300c, 2007, 100,000 miles, full service history.

Does that help?

neilmcl

B16mts wrote: »

Because I didn't see it being that relevant.

It's a Chrysler 300c, 2007, 100,000 miles, full service history.

Does that help?

Of course it's relevant, we wouldn't have asked otherwise!

So you've established that you've purchased a 10 year old car with 100,000 miles on the clock so the question is whether it's unreasonable to expect something like the alternator to fail on this car given it's age and mileage.

Have you actually been back to the garage in question?