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Car been back to the dealer 20 times for faults whilst under warranty - what are my rights?

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  • powerful_Rogue
    powerful_Rogue Posts: 8,380 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How many miles has your daughter done in the last 4 years of ownership?
    Does the original dealer know about any of these issues?
  • itsmeagain
    itsmeagain Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 9 March 2023 at 1:26PM
    How many miles has your daughter done in the last 4 years of ownership?
    Does the original dealer know about any of these issues?
    I will find out - i think circa 30,000 miles.
    The original dealer does know and can see the shared Toyota vehicle history. They have explained that any dealer deals with warranty issues, but this may change if it comes to a legal claim.
  • born_again
    born_again Posts: 20,564 Forumite
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    this really would be a good will gesture due to the time frame. It really should have been rejected long ago.
    Thanks - but not really possible considering the issues didn't start within the 1st 3 years. How would you play the 'last for a reasonable time' card using your time frame logic?
    So you are just looking under warranty really. Which is how long.

    TBH. Given the time & effort that is required here. Just sell it on. 

    TBH some of the repairs would drop under normal wear & tear on a 3 year old car.

    Can I ask given " required for her job" is this a business purchase?
    Life in the slow lane
  • powerful_Rogue
    powerful_Rogue Posts: 8,380 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How many miles has your daughter done in the last 4 years of ownership?
    Does the original dealer know about any of these issues?
    I will find our - i think circa 30,000 miles.
    The original dealer does know and can see the shared Toyota vehicle history. They have explained that any dealer deals with warranty issues, but this may change when if it comes to a legal claim.

    Going with a low conserative rate of 20p per mile rate, you could be looking at a £6000 reduction for the use had.
  • itsmeagain
    itsmeagain Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    this really would be a good will gesture due to the time frame. It really should have been rejected long ago.
    Thanks - but not really possible considering the issues didn't start within the 1st 3 years. How would you play the 'last for a reasonable time' card using your time frame logic?
    So you are just looking under warranty really. Which is how long.

    TBH. Given the time & effort that is required here. Just sell it on. 

    TBH some of the repairs would drop under normal wear & tear on a 3 year old car.

    Can I ask given " required for her job" is this a business purchase?
    Well... none of the repairs have cost her (except time & inconvenience) They have done everything under the 5 years warranty so far, including free oil & Ad blue!
    The vehicle was purchased for her self employed business & personal use. I may get the taxations terms wrong here but she claims mileage rather than actual costs.
  • itsmeagain
    itsmeagain Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 9 March 2023 at 1:39PM
    How many miles has your daughter done in the last 4 years of ownership?
    Does the original dealer know about any of these issues?
    I will find our - i think circa 30,000 miles.
    The original dealer does know and can see the shared Toyota vehicle history. They have explained that any dealer deals with warranty issues, but this may change when if it comes to a legal claim.

    Going with a low conserative rate of 20p per mile rate, you could be looking at a £6000 reduction for the use had.
    If she legally had to accept a reduction for use, rather than todays value at the current mileage, she wouldn't do that.
    Because of the inflated prices of these cars, privately she could make money on it.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    How many miles has your daughter done in the last 4 years of ownership?
    Does the original dealer know about any of these issues?
    I will find our - i think circa 30,000 miles.
    The original dealer does know and can see the shared Toyota vehicle history. They have explained that any dealer deals with warranty issues, but this may change when if it comes to a legal claim.

    Going with a low conserative rate of 20p per mile rate, you could be looking at a £6000 reduction for the use had.
    If she legally had to accept a reduction for use, rather than todays value at the current mileage, she wouldn't do that.
    Because of the inflated prices of these cars, privately she could make money on it.
    If Toyota are buying it back as a rejected vehicle I'd expect them to disregard faults not caused by the owner and offer its value based on mileage and condition.  Would she be happy for them to buy it back at a fair price? If so ask what they will offer. Legally she can sell to whoever she chooses.

  • itsmeagain
    itsmeagain Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    How many miles has your daughter done in the last 4 years of ownership?
    Does the original dealer know about any of these issues?
    I will find our - i think circa 30,000 miles.
    The original dealer does know and can see the shared Toyota vehicle history. They have explained that any dealer deals with warranty issues, but this may change when if it comes to a legal claim.

    Going with a low conserative rate of 20p per mile rate, you could be looking at a £6000 reduction for the use had.
    If she legally had to accept a reduction for use, rather than todays value at the current mileage, she wouldn't do that.
    Because of the inflated prices of these cars, privately she could make money on it.
    If Toyota are buying it back as a rejected vehicle I'd expect them to disregard faults not caused by the owner and offer its value based on mileage and condition.  Would she be happy for them to buy it back at a fair price? If so ask what they will offer. Legally she can sell to whoever she chooses.

    Yes - she'd be happy for them to buy it back at the typical selling price for that car, so she has no consequential loss.
  • born_again
    born_again Posts: 20,564 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Trouble is rejecting after 4 years use is not going to be easy. Especially as the car was Ok for 3 years.

    What to do if it’s after six months

    The Consumer Rights Act focuses on the first 30 days and then the first six months of ownership, but all is not lost if you're outside the latter period. Follow the same steps and contact the dealer, giving them the option to inspect the car and put any problems right if possible. After six months, though, the responsibility is on you to prove the car was faulty when sold.

    To prove this, consider an independent report, although this can carry a cost – sometimes up to £500. Visit the Institute of Automotive Engineer Assessors (IAEA) - www.iaea-online.org - to find a local inspector.

    Presenting a dealer with a written report containing findings that support your claim will put you in a much stronger position.

    Life in the slow lane
  • itsmeagain
    itsmeagain Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Trouble is rejecting after 4 years use is not going to be easy. Especially as the car was Ok for 3 years.

    What to do if it’s after six months

    The Consumer Rights Act focuses on the first 30 days and then the first six months of ownership, but all is not lost if you're outside the latter period. Follow the same steps and contact the dealer, giving them the option to inspect the car and put any problems right if possible. After six months, though, the responsibility is on you to prove the car was faulty when sold.

    To prove this, consider an independent report, although this can carry a cost – sometimes up to £500. Visit the Institute of Automotive Engineer Assessors (IAEA) - www.iaea-online.org - to find a local inspector.

    Presenting a dealer with a written report containing findings that support your claim will put you in a much stronger position.

    Looks like a page for the dealers 2nd hand car obligations rather than the manufacturers 5 year warranty of a new car.

    I don't think there's any question whether it's faulty. It would be absurd for them to claim that they've continuously been fixing things under the 5 year manufacturer warranty that there's nothing wrong with. They have never attempted to claim that there's nothing wrong with any of the issues.

    Again... how could you ever play the 'last a reasonable length of time' card if you only had 6 months?
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