Problems with a Used Car - Under 2 Months Old :(

flawless1969

Hi,
I bought my wife a Fiesta from Bristol Street motors in Birmingham. I paid around £6000 for the car and they sold me a 3 year warranty for around £500.
The car was bought at the end of January 2020 - around 6 weeks ago. 
About a couple of weeks ago the care developed a problems with the hazard warning lights and the click sound that the indicators usually make when indicating - the sound was not always there. I took the car back to Bristol Street Motors at the weekend and explained the problems. 
Much to my shock, the fobbing off started. I was told - by their service department - that the Consumer Rights Act 2015 did not apply as they had sold me a warranty and all repairs had to be done under the terms of the warranty. They also told me that if this fault was due to a harness fault then the warranty would not cover it and I would have to pay out of my own pocket. I was dumb struck.
All my research on the internet shows that Consumer Rights Act 2015 does apply as I purchased a car from a dealer.
Can someone please advise? I have left the car with them.
The things that shocks me about all this is that Bristol Street motors is a very large chain, if they can act like this towards their customers then I feel sorry for anyone who buys a car from a much small garage.

Thanking you for your reply.

AdrianC

flawless1969 said:

I bought my wife a Fiesta from Bristol Street motors in Birmingham. I paid around £6000 for the car and they sold me a 3 year warranty for around £500.
The car was bought at the end of January 2020 - around 6 weeks ago. 
About a couple of weeks ago the care developed a problems with the hazard warning lights and the click sound that the indicators usually make when indicating - the sound was not always there. I took the car back to Bristol Street Motors at the weekend and explained the problems. 
Much to my shock, the fobbing off started. I was told - by their service department - that the Consumer Rights Act 2015 did not apply as they had sold me a warranty and all repairs had to be done under the terms of the warranty. They also told me that if this fault was due to a harness fault then the warranty would not cover it and I would have to pay out of my own pocket. I was dumb struck.
All my research on the internet shows that Consumer Rights Act 2015 does apply as I purchased a car from a dealer.
Can someone please advise? I have left the car with them.

First off, are we really talking about a two-month old car? New Fiesta prices start at nearly £16k, but £6k is more like the right price for a 5yo one. Consumer rights take into account the age of the car, and there is no expectation for used goods to be held to the same standard as new ones.

You're covered by CRA15, yes. You are outside the 30 day right to reject.
They have a right to repair, but only where the fault was present at the time of sale - the onus is on them to prove that it wasn't, within the first six months - however, you admit that the fault was not present at the time of sale, but has developed since. So, yes, you're in the hands of the warranty. What does the warranty documentation state about parts covered?

The things that shocks me about all this is that Bristol Street motors is a very large chain, if they can act like this towards their customers then I feel sorry for anyone who buys a car from a much small garage.

A small independent supplier is more likely to consider goodwill towards an individual customer than a large national chain, simply because word of mouth (positive or negative) is going to affect their business more.

neilmcl

So did you go in all guns blazing regarding your CRA rights because it sounds like they were quite happy to look at it under the warranty. Of course if the warranty doesn't cover the fault then that's time to properly invoke your rights providing you have the correct information to hand.

Ectophile

It would be a minor miracle if a used car warranty covered any fault that occurred ever.

If the problem existed before the car was sold, then it's a pre-existing fault and so not covered.

If it goes wrong after the car was sold, then it's either in the huge list of exceptions for things that aren't covered, or it's a "consumable" part.  The only things that are covered are things that can't ever go wrong.

m0bov

Misleading you is acually a criminal offence. I'd just write them a letter and politly tell them you are claiming off your Consumer Rights. Give them 7 days to respond. How did you pay, cash?

treeroy

you don't need to use your consumer rights. You have a warranty with the car. Let them fix it. not sure what the issue is unless they are refusing to fix it under warranty

m0bov

treeroy said:

you don't need to use your consumer rights. You have a warranty with the car. Let them fix it. not sure what the issue is unless they are refusing to fix it under warranty

OP suspects they will refuse if its a wiring fault.

jacsll55

OP, I am currently in a similar situation after paying over £8000 for a car from a National chain and have used resolver to lodge my complaint and use my CR they have responded asking for 2 working days and am still waiting for a come back after 3 working days!! I bought the car on 13th Feb and the car's fault was reported the same day, gave them 2 chances to fix it wasting my time and extra money to travel to their branches.
The reluctance to rectify things when they go wrong is making me go mad!!