Vehicle Breakdown just outisde of warranty

Kodash

Hi Guys,
I was just wondering if I could have some advice on a letter before I post it. It's a slight modification of the WHICH! template letter for complaints under the consumer rights act.

I bought a used vehicle from Evan's Halshaw, just under 3 months ago, when I first got it, a colleague commented that the power steering didn't sound right. I went back to the dealer, and they repaired a hose under warranty. On Thursday, the front pulley wheel fell off. I took it back to the dealer (towed at my own expense) and they said they will repair under warranty.

Called them this morning (Monday) for an update as I'm without a vehicle, and they told me that the vehicle was no longer under warranty as i'd exceeded the maximum number of miles.

Both the faults, I think would have been identified if the engineer had done a rigorous check on the vehicle, but I'm begging to believe that they just wanted to get it off site as quick as possible.

Do I have a leg to stand on? or should I just go with below and see what happens?

Thanks,
Chris

LETTER:
23/09/2019

Dear Sir or Madam,

REFERENCE: Cartwright/Evans Halshaw-Ford Transit Custom 290 Ltd E-

I purchased the Ford Transit Custom 290 Ltd E- from Evans Halshaw. At the point of purchase I paid £9541.20.

The Ford Transit Custom 290 Ltd E- is not of satisfactory quality. This is the second time that I have had to take the Vehicle to Evans Halshaw for a repair under warranty. The first was for a broken power steering line that a colleague had identified on my receipt of the vehicle. The vehicle is was taken into the Trafford Centre branch, for repair on 20/09/2019 due to a pulley wheel falling off, I have had to pay a sum of £--- for the repair. I do not believe that the vehicle was sufficiently checked over by yourselves prior to release.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Evans Halshaw that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the product for less than 6 years I am within my statutory rights to ask for you to refund the additional costs incurred by myself to return the vehicle to the road.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Yours faithfully,

Car_54

Not many people buy a Transit as their family car: was it bought for your business?
If it was, the Consumer Rights Act doesn't apply.

SHAFT

You're quoting consumer rights so you're van is a personal vehicle?

Kodash

Yes haha it's my personal vehicle.

I have 3 large dogs that I compete with and travel to train. Need all the space I can get!

AdrianC

I very much doubt the power steering pump belt or pulley would even have been touched to replace a leaking hose. They certainly aren't linked issues.

You've had the vehicle for more than 30 days, so even if the fault is held to have been present at the time of purchase, they have a right to repair rather than an automatic duty to refund.

I presume it's outside the 3yr/100k manufacturer's warranty? Any warranty (manufacturers or aftermarket) is in addition to your statutory rights - whether it's been exceeded by time or by mileage.

Kodash

Hi AdrianC,

It's outside of the 3yr warranty. and still has a day on the 3 month/5000km warranty, however I've done 6,800km according to them, so have to cover the cost myself.

I'm just waiting on a price for repair, and then i'm going to have to pay it, as it's my personal vehicle so struggling to work etc.

I just want reimbursing for the repair if that's possible?

AdrianC

36% over the warranted mileage isn't exactly a little bit over. (Is it really 5000 km, 3000 miles? Unusual.)

If they don't accept their liability and make a goodwill payment, you'll have to launch a small claim against them for the cost of the work, and let the court decide.

Kodash

I didn't really look at it as 36% until you said that.

I will send the letter as is then, and then if the dispute it, perhaps launch a small claim, depending on how much court costs compare to the eventual bill. At the very least they've lost my custom.

Retrospectively, If i'd had known there was a mileage limit aswell as 3 months, I would have just gone to the Ford garage across the road from work, rather than get it towed to them!

Thanks for your help!