Lied to over warranty being in place when purchasing a car, who to hold accountable?

CharlieEssex

In August 2022 I purchased a vehicle, with a deposit paid to dealer, and the rest via PCP with the lender Moneybarn.

This was on the premise of there being a six month warranty being in place.

In November 2022 I discovered the heater matrix was faulty, therefore I couldn’t use the car in any sort of cold spell. I presumed the warranty would cover such repairs, however at this point I discovered the dealer had lied and hadn’t even set me one up. Therefore I had to cover the cost of diagnostics, repairs, inconvinience etc myself.

Both Moneybarn and the dealer are refusing to admint the wrong doing is there and will not cover the cost of the work, leaving me out of pocket.

Where do I stand with this? From my perspective this is all stems from the dealer not setting me up a warranty as promised. However they’re saying the contract isn’t between me and them, but Moneybarn & I.

Who would you concentrate on perusing, and what route would you take?

knightstyle

when you bought the car what did the receipt say about a warranty?   Plus how much did the repair cost?   Never take a salesmans word for things like this.  

daveyjp

You don't need a warranty.  Within the first 6 months any fault is deemed to have existed at time of sale unless the seller can show it didn't.

I’ve owned the car for more than 30 days  

You're entitled to ask for a repair or replacement.

If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund.  This is called the right to final rejection. 

The car dealer can deduct ‘fair use’ from the refund after the first 30 days.

I've owned the car for less than six months

If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

CharlieEssex

knightstyle said:

when you bought the car what did the receipt say about a warranty?   Plus how much did the repair cost?   Never take a salesmans word for things like this.  

I've got the calls between the lender & dealership where the dealership admit there should be a warranty in place...

CharlieEssex

daveyjp said:

You don't need a warranty.  Within the first 6 months any fault is deemed to have existed at time of sale unless the seller can show it didn't.

I’ve owned the car for more than 30 days  

You're entitled to ask for a repair or replacement.

If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund.  This is called the right to final rejection. 

The car dealer can deduct ‘fair use’ from the refund after the first 30 days.

I've owned the car for less than six months

If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

Interesting! Where do I stand now though, with regards to recouping such costs?

facade

CharlieEssex said:

daveyjp said:

You don't need a warranty.  Within the first 6 months any fault is deemed to have existed at time of sale unless the seller can show it didn't.

I’ve owned the car for more than 30 days  

You're entitled to ask for a repair or replacement.

If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund.  This is called the right to final rejection. 

The car dealer can deduct ‘fair use’ from the refund after the first 30 days.

I've owned the car for less than six months

If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

Interesting! Where do I stand now though, with regards to recouping such costs?

I don't think you can, you should have given the dealer the chance to fix it, and rejected the car if they couldn't/wouldn't.

You can try small claimsing them, but I suspect the dealer's defence will be that you incurred the expense because you didn't give them the chance to fix it, ( and the cost is unreasonably high, as they would have got the minimum wage kid to fix it for a hundredth of what the garage charged you.)

CharlieEssex

facade said:

CharlieEssex said:

daveyjp said:

You don't need a warranty.  Within the first 6 months any fault is deemed to have existed at time of sale unless the seller can show it didn't.

I’ve owned the car for more than 30 days  

You're entitled to ask for a repair or replacement.

If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund.  This is called the right to final rejection. 

The car dealer can deduct ‘fair use’ from the refund after the first 30 days.

I've owned the car for less than six months

If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

Interesting! Where do I stand now though, with regards to recouping such costs?

I don't think you can, you should have given the dealer the chance to fix it, and rejected the car if they couldn't/wouldn't.

You can try small claimsing them, but I suspect the dealer's defence will be that you incurred the expense because you didn't give them the chance to fix it, ( and the cost is unreasonably high, as they would have got the minimum wage kid to fix it for a hundredth of what the garage charged you.)

I did go to them and explained the issue, asked for the warranty details etc. They ignored me in the main.

Surely if I've been sold a vehicle, with the promise of a warranty, my consumer rights should come into it?

lincroft1710

CharlieEssex said:

facade said:

CharlieEssex said:

daveyjp said:

You don't need a warranty.  Within the first 6 months any fault is deemed to have existed at time of sale unless the seller can show it didn't.

I’ve owned the car for more than 30 days  

You're entitled to ask for a repair or replacement.

If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund.  This is called the right to final rejection. 

The car dealer can deduct ‘fair use’ from the refund after the first 30 days.

I've owned the car for less than six months

If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

Interesting! Where do I stand now though, with regards to recouping such costs?

I don't think you can, you should have given the dealer the chance to fix it, and rejected the car if they couldn't/wouldn't.

You can try small claimsing them, but I suspect the dealer's defence will be that you incurred the expense because you didn't give them the chance to fix it, ( and the cost is unreasonably high, as they would have got the minimum wage kid to fix it for a hundredth of what the garage charged you.)

I did go to them and explained the issue, asked for the warranty details etc. They ignored me in the main.

Surely if I've been sold a vehicle, with the promise of a warranty, my consumer rights should come into it?

The time to have queried your consumer rights was back in 2022. It's too late now.

CharlieEssex

What makes you say it’s too late?

Ectophile

lincroft1710 said:

CharlieEssex said:

facade said:

CharlieEssex said:

daveyjp said:

You don't need a warranty.  Within the first 6 months any fault is deemed to have existed at time of sale unless the seller can show it didn't.

I’ve owned the car for more than 30 days  

You're entitled to ask for a repair or replacement.

If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund.  This is called the right to final rejection. 

The car dealer can deduct ‘fair use’ from the refund after the first 30 days.

I've owned the car for less than six months

If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

Interesting! Where do I stand now though, with regards to recouping such costs?

I don't think you can, you should have given the dealer the chance to fix it, and rejected the car if they couldn't/wouldn't.

You can try small claimsing them, but I suspect the dealer's defence will be that you incurred the expense because you didn't give them the chance to fix it, ( and the cost is unreasonably high, as they would have got the minimum wage kid to fix it for a hundredth of what the garage charged you.)

I did go to them and explained the issue, asked for the warranty details etc. They ignored me in the main.

Surely if I've been sold a vehicle, with the promise of a warranty, my consumer rights should come into it?

The time to have queried your consumer rights was back in 2022. It's too late now.

Except in Scotland, the Limitation Act allows 6 years to make a claim in court.  In scotland, it's 5.  2022 isn't that long ago.

born_again

CharlieEssex said:

In August 2022 I purchased a vehicle, with a deposit paid to dealer, and the rest via PCP with the lender Moneybarn.

This was on the premise of there being a six month warranty being in place.

In November 2022 I discovered the heater matrix was faulty, therefore I couldn’t use the car in any sort of cold spell. I presumed the warranty would cover such repairs, however at this point I discovered the dealer had lied and hadn’t even set me one up. Therefore I had to cover the cost of diagnostics, repairs, inconvinience etc myself.

Both Moneybarn and the dealer are refusing to admint the wrong doing is there and will not cover the cost of the work, leaving me out of pocket.

Where do I stand with this? From my perspective this is all stems from the dealer not setting me up a warranty as promised. However they’re saying the contract isn’t between me and them, but Moneybarn & I.

Who would you concentrate on perusing, and what route would you take?

Did you get any paperwork for warranty?
Was their a charge on your invoice for said warranty?