My rights buying from a car dealer

Leah04x

Hi there 
This is my first post and I’d be really grateful if someone could point me in the right direction. 

I bought a VW Tiguan from an car dealer/garage (not VW) on 5th July 2020. Car is 2013, done 70k miles and advertised with full service history (I have proof of this in the form of the advert which they’ve now removed from autotrader) 

It has since come to light that the garage/previous owner failed to replace the timing belt in line with manufacturers guidelines (every 5 years or 85k miles). I have had a quote from VW for £500 but I am aware I can get this done cheaper elsewhere. 

I realise I should’ve asked at the time, but I’m not massively clued up on cars and it slipped my mind. Having full service history, I felt it had been maintained as it should have been. Had I realised, I would’ve negotiated on price to reflect this and I certainly didn’t anticipate spending £500 on the car within a few weeks. 

Obviously my first port of call is calling them tomorrow to discuss the issue to see if they’re willing to pay, or at least contribute, towards the replacement timing belt. However, I’m fully expecting them to refuse. If this is the case, am I covered under the Consumer Rights Act as the vehicle is not as described? 

Thanks 

bazzyb

Leah04x said:

the vehicle is not as described

Why do you feel it is not as described? 

I’m assuming as you state you didn’t ask if the belt had been changed, they therefore did not advertise that it had been changed?

Grumpy_chap

The car has a full service history.  The timing belt has not been changed and nor is there history to say it has.

Leah04x

From your comments I’ve obviously misinterpreted the definition of full service history. If the cambelt wasn’t changed in line with the manufacturer’s schedule (every 5 years or 85k miles) then surely the fact this hasn’t been done means there’s a gap in the service history? 

bazzyb

Did the car come with a service history? If so you’d need to check that to see what specifically has or has not been done. 

fred246

If they won't help you can get it done and then take them to the small claims court using money claim online. The cost to you would be about £30. It would then be up to a judge to determine if full service history means the timing belt should have been changed.

Leah04x

bazzyb said:

Did the car come with a service history? If so you’d need to check that to see what specifically has or has not been done. 

The car has been serviced every year since new (by an independent garage, not main dealer). The usual has been covered in these: brake fluid, oil, filters, spark plugs etc. I also have receipts for new tyres, MOTs etc which date back to the previous owner. No mention anywhere of cambelt replacement. 

fred246

You need to give the garage a chance to replace it. If they won't you say "OK I will take it elsewhere and send you the bill". Take it to somewhere you trust. Don't delay as you risk serious engine damage. Send the original garage the bill. If they don't pay send them a letter before action saying that if they don't pay you will take them to court and they will incur legal costs. If they don't pay you have to decide whether you want to gamble £30. The judge isn't a car expert. Just uses common sense. You have a good chance of winning but judges are a bit random in their decision making.

fred246

Beware there may be lots of different replacement intervals quoted for the same timing belt. Make sure that they can't say that you have got the interval wrong.

MalMonroe

Was there a warranty? Most dealers offer a three month warranty minimum, and you can take the car back within that time if you're unhappy. Unless the warranty specifically excludes anything to do with timing belts, I don't see why you can't take it back and ask the dealer to replace the faulty one, under warranty.  You don't say how much you paid for the car but if it's over £100 (I assume it was) and was with a credit card, you can claim your money back using Section 75. I did that with a car I bought for £700 that turned out to be a load of junk! (I know, I should have known better for that price.)  I got my money back, though plus compensation for all the trouble it caused me. Worth thinking about, in case everything goes completely pear shaped. 

Another thing, don't feel bad because you didn't ask more questions, I'm a single woman and have had to learn the hard way how to deal with car mechanics, garages and dealers! You don't always know these things and dealers don't always want you to, either! 

fred246

There is nothing wrong with the timing belt and you have no chance claiming on a warranty. The longer you leave it the greater the chance of it snapping and wrecking the engine. I am assuming you are happy with the car and want to keep it.