My rights buying from a car dealer

angrycrow

The time to check the service history was before agreeing to purchase the car. You then could have negotiated a discount for the lack of timing belt change or asked the dealer to get it done pre sale. I suspect very few people actually look at the service record pre sale as garages always look at me funny when I sit in their office for 5 minutes going through the records before agreeing to purchase any car. The term full service history is open to interpretation. A car with a service missed but all services which have been done documented does technically have a full history of its servicing.

No harm in going back to the dealer and asking nicely if they will contribute but don't hold your breath. Small claims court would be very risky on this case and I would not expect a judge to rule in your favour. Be wary of following Fred246 advice he has a pathological hatred of all garages and always recommends court action. 

Leah04x

MalMonroe said:

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! 

It’s got a 3 month warranty, which does not specify that the cambelt isn’t included. 

It was £9500. 

The problem I have is that the cambelt isn’t necessary faulty, it just ‘should’ve’ been replaced two years ago. 

However, I’m sure if it went bang and caused engine damage, there would be some loophole invalidating the warranty because the car hasn’t been maintained to the manufacturers service schedule 😬 I’m really annoyed with myself!! 

Scrapit

Service history means the vehicle has a history of being serviced. This doesn't mean the tyres aren't bald, the brake fluid has been replaced, the wipers aren't smearing, the oil is low etc etc. There are lots of other checks to carry out before buying a car. If you arent confident to do them the AA/RAC will for a fee.
If concerned about specific things like timing belts ask when negotiating on price and use the cost of that items replacement for a discount.

fred246

All cars have a service schedule. Full service history means that the car has been serviced according to the schedule. If an important item like timing belt has been missed it hasn't got a full service history. If you claim via moneyclaimonline the fee is about £30. The garage owner either pays or you go to court. In court there are just two of you and the judge. The judge then has to decide what full service history means. You either get the cost of the timing belt and your £30 back or you lose your £30.

Leah04x

angrycrow said:

The time to check the service history was before agreeing to purchase the car. You then could have negotiated a discount for the lack of timing belt change or asked the dealer to get it done pre sale. I suspect very few people actually look at the service record pre sale as garages always look at me funny when I sit in their office for 5 minutes going through the records before agreeing to purchase any car. The term full service history is open to interpretation. A car with a service missed but all services which have been done documented does technically have a full history of its servicing.

No harm in going back to the dealer and asking nicely if they will contribute but don't hold your breath. Small claims court would be very risky on this case and I would not expect a judge to rule in your favour. Be wary of following Fred246 advice he has a pathological hatred of all garages and always recommends court action. 

The most annoying thing is that we did actually sit down and go through it before we purchased, saw a service being done every year and thought no more of it. We’ve always had cars with timing chains opposed to belts, which I believe only need changing when actually faulty. 

Looks like it’s a lesson learnt for future purchases! But I will speak to the garage and see what they say. 

Thanks for your advice ☺️

fred246

You are not supposed to be an expert. The car dealer is the expert on cars. They sold that car knowing that it is desperately in need of a timing belt change. They know that timing belt change is in the service schedule and it has been missed. Yet they still sold it quoting full service history so you will pay full price. You have to have it changed and pay for it. When you go to court the judge will see you are just claiming back what you have lost.

fred246

I have just been reading a car dealers forum. They are complaining that they always lose in court because judges hate car dealers. Car dealers have always been crooked because they have never been regulated. Misleading the public makes them extra money and they aren't usually caught. Your car will have been traded in "Oh dear it needs a timing belt change. We can't give you much" and then they sell it "full service history" and charge you full price.

Mercdriver

fred246 said:

. 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.

No No No No NO.
You can't just take it anywhere you please.  You have to demonstrate that you got the best value, or else a judge will not award all of the cost to the plaintiff.  It's best to get multiple quotations.  You don't have to go with the cheapest necessarily, but you need to demonstrate that you made best effort to mitigate the cost, or else you allow the defendant to chip away at damages.

Mercdriver

fred246 said:

I have just been reading a car dealers forum. They are complaining that they always lose in court because judges hate car dealers. Car dealers have always been crooked because they have never been regulated. Misleading the public makes them extra money and they aren't usually caught. Your car will have been traded in "Oh dear it needs a timing belt change. We can't give you much" and then they sell it "full service history" and charge you full price.

It's just as well you never name and shame as with your history of never backing anything up you would be putting yourself and this website at risk of being sued for libel.  Tarring with a broad brush protects you but makes what you say less valuable.  

WilliamG

MalMonroe said:

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! 

Why would you think a warranty covers routine maintenance items?