Used car broken

fred246

It's complicated legally. I have driven round with broken springs without realizing. They were probably broken on purchase. What evidence would be needed to prove they were OK. A photograph? The customer is legally entitled to request a repair. You can't just say that because it has driven a few miles that it was OK at purchase.

Hermione_Granger

AdrianC said:

It's also clear that the fault wasn't present at the time of purchase - because the OP's been driving around in it for two months.

AdrianC said:

And the seller can easily demonstrate the fault wasn't present - the car was being driven around for two months without any issue, post-purchase.

You keep repeating this but however many times you repeat it, it's still incorrect. The fault itself doesn't have to be there from purchase, but the cause of the fault does. This could be a poor quality component or something incorrectly fitted that causes a problem after time, something like a loose or worn fitting or a damaged oil jet.

The seller has to prove that the problem wasn't there at the time of purchase and simply because the car didn't fail for 2 months doesn't in any way prove this. If it did, the same could be said of anything that went wrong in the first 6 months.

"My TV burst into flames after 5 months". "sorry" says the dealer. "It worked for 5 months so it's nothing to do with me"

macman

OP, the warranty doesn't presumably include recovery to the repairing dealer? If so, and your own breakdown insurance doesn't cover it either, then it's your job to get it to the dealer. So, I'd be tempted to phone a friend and then push it 400 yards from home, and then phone your breakdown. service.
 Quite reasonably, the dealer is saying that, until they know what is wrong with it, they can't tell you if it is covered under warranty or not. Most of these insurance based warranties have so many exclusions that they are essentially worthless.

Sarahf

Thanks all for your comments, although I have had the car for a couple months I have probably only been driving it properly for the last 2 weeks as it had issues with the springs so was off the road, didnt put it back on the road until mid may (had access to another car not being driven with a full tank of fuel so was using that , my hubby's car who is a driving instructor so not working at the moment).

AdrianC

Ultimately, whether we think you've got a leg to stand on or not is irrelevant.

If the warranty covers it, great.
If not, you need to lean on the vendor. If they agree, great.
If not, you need to launch a small claim. Then it's up to the court to decide.

Goudy

The X type is pretty sensitive to battery power, there's so much electrical gubbins these won't start or even attempt to turn the starter motor if the battery isn't in tip top condition.
The low battery will also cause all sorts of warnings to light up the dash when you try starting it, the most common on the auto is "Gearbox Fault" as it's one of the ECU's it can't power properly.

As it's stuck on your drive, it might be worth getting another battery if the original battery is old or suspect, it might not be holding charge very well.
I would normal say take it off and get it checked, but those with the kit to test them all sell new batteries, so you know the results before hand.

Just for the record, you haven't bought what anyone would consider a reliable car, these are plagued with lots of expensive faults and niggles, but the worse thing is they rot from the inside out. All the water from the upper body drains through the outer sills and this causes it to eat it's self away. By the time you notice, it's rotted right through to the inner sills and caused a lot of structural rot that's almost impossible to repair.

Sarahf

Well I am back again, things have moved on a bit and we have gone down the Section 75 route and the credit card company have agreed to refund for the car but the car was recovered back in June to the garage we bought it from so they could try and fix it (unsuccessfully) . In order for us to get the refund the credit card company need to collect the car from my house and this is the issue because the garage are refusing to let us have it unless we can assure them that the credit card company aren't going to come after them for the money. The CC company can not guarantee this so any ideas on where to go next please?

AdrianC

Sorry, the car is at the retailer... but the financier need them to return it to you so they can collect it?

Sounds like codswallop to me, probably through chinese whispers. You have explained to them that it's at the retailer?

Sarahf

yes and they have said that the full and final offer is on the condition they collect it from my home

Herzlos

Tell the dealer the finance company aren't interested in pursuing them. Get the car, give it to the finance company any then if the garage ask then say sorry you were mislead.