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Used car faulty section 75 query

13

Comments

  • B16mts
    B16mts Posts: 15 Forumite
    I can't get back to the garage as the car is not driveable that distance and they will not respond to me. I'll obviously be trying them again today.

    It's quite possible the car was old to me with the alternator already broken.

    If you look at the relevant laws I'm well within my rights to return it within 30 days as it's not fit for purpose. My question wasn't about whether I can return it, or have it repaired so much. I'm more curious as to what timescales to expect and what if anything I can do in the meantime?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 August 2017 at 8:30AM
    B16mts wrote: »
    I can't get back to the garage as the car is not driveable that distance and they will not respond to me. I'll obviously be trying them again today.

    It's quite possible the car was old to me with the alternator already broken.

    If you look at the relevant laws I'm well within my rights to return it within 30 days as it's not fit for purpose. My question wasn't about whether I can return it, or have it repaired so much. I'm more curious as to what timescales to expect and what if anything I can do in the meantime?
    I'm well aware of the relevant legislation and this is something you have to prove if you want to exercise your right to reject within 30 days.

    If you can't get in touch with the garage then I'm afraid there will be no quick fix for you so you'd be better off making alternative arrangements.

    Can you not get a bus or taxi to the garage?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Do you have another phone number you can call from, and call their sales line? :)
  • verityboo
    verityboo Posts: 1,017 Forumite
    B16mts wrote: »
    I can't get back to the garage as the car is not driveable that distance and they will not respond to me. I'll obviously be trying them again today.

    It's quite possible the car was old to me with the alternator already broken.

    If you look at the relevant laws I'm well within my rights to return it within 30 days as it's not fit for purpose. My question wasn't about whether I can return it, or have it repaired so much. I'm more curious as to what timescales to expect and what if anything I can do in the meantime?

    If the alternator was broken when sold, why did you drive away from the garage with the Charging System warning light on (battery shaped symbol)

    Because of the age and mileage (which my understanding is must be taken into account) I don't think it's unreasonable to expect the alternator to fail
  • B16mts
    B16mts Posts: 15 Forumite
    I didn't drive it from the garage with the system warning light on, I'm not that stupid.

    The light came on when the battery dropped below 12v, so I presume if the battery was fully charged it may well have taken some time to drop below the 12v.

    The car is not fit for purpose within a couple of weeks of purchase, I'm just trying to enquire about timescales for section 75 claims really.

    I thought this site was to help people
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Just a question ... are you sure that the people who inspected the vehicle are telling you the truth? (It's quite easy to check if the alternator has indeed failed ... start the engine and put a DC voltmeter across the battery terminals. If the reading is about 14V then the alternator is working ... lower than 13V and it is not).

    The problem is that it is quite possible for the alternator on a 10-y-o vehicle to fail within 2 weeks of buying it, and this could be classed as wear and tear.
  • verityboo
    verityboo Posts: 1,017 Forumite
    The warning light would come on if the battery was not being charged. It comes on if there is more power is being used from the battery than the power being supplied from the alternator. (I had an old 300C and still have the manual). If the alternator was not working when sold, the light would have been on. You need to somehow prove that the alternator that was working when purchased failed due to a fault and not due to wear and tear

    Before considering timescales for section 75 claims it is worth taking a moment to consider how strong your case would be?

    There is a reason old luxury cars a cheap, they often require expensive repairs!
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    https://www.youtube.com/watch?v=BlkcvSUZ_0Y

    Video of alternator replacement on a 300C.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    B16mts wrote: »
    I didn't drive it from the garage with the system warning light on, I'm not that stupid.

    The light came on when the battery dropped below 12v, so I presume if the battery was fully charged it may well have taken some time to drop below the 12v.

    The car is not fit for purpose within a couple of weeks of purchase, I'm just trying to enquire about timescales for section 75 claims really.

    I thought this site was to help people

    How does it help you to tell you what you want to hear rather than advising what your rights are?

    For example, fit for purpose means they are not fit for the purpose they are being sold - the goods are fit for purpose or you wouldn't have been able to drive it away from the dealers.

    The goods may not have been of satisfactory quality but as I posted earlier:
    (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)).

    A 10 year old car with 100k miles, an alternator failing would to be expected imo.


    However as I also said earlier, theres no harm in trying a section 75 claim since it wont cost you anything. But in the circumstances, I'd go ahead with the repair - its unlikely the s75 will be successful imo but as I also quoted earlier, it is a possible remedy to claim damages rather than a repair/replacement/refund.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    B16mts wrote: »
    The car is not fit for purpose within a couple of weeks of purchase, I'm just trying to enquire about timescales for section 75 claims really.
    And you have had your answers to that.

    Perhaps if you were to ask your card issuer, you might get a more preferable answer.

    B16mts wrote: »
    I thought this site was to help people
    It is.


    Fair wear and tear after 100,000 miles, unless you can prove otherwise.
    Just my opinion.
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