How long is reasonable for a dealer keep a second hand car when returned to be fixed under warranty?

expat_jo

I bought a 68 plate Fiesta in December from a (seemingly reputable) dealer and have a 6 month warranty. It has since developed a problem with the gearbox. I took the car to the dealer on 24th March and communication has been very limited, despite chasing.

On 22nd April someone finally phoned back and explained that they had drained the oil and found metal. They said are waiting for a new or reconditioned gearbox on back order. Because it's back order, they have no way to tell how long it will take. I asked if they could repair the gearbox as it would be quicker and cheaper, but she said the warranty people are saying it needs to be replaced. She said I would likely to be waiting a bit longer yet but they were chasing the part daily... which is doubtful.

Due to life events, I haven't managed to chase and have made do. But I need the car and consider the amount of time they have had it unreasonable. I phoned yesterday and the receptionist sent an email asking both the manager and the person who I last spoke to to contact me. I have chased again today and still haven't heard anything.

What should be my next steps? Do I contact the warranty company and check they have been contacted or cut my losses and reject the car (assuming I can)?

Any advice very much appreciated.

paul_c123

It is not set in law, it would depend on each case and its individual circumstances.

expat_jo

So them having my car for almost 6 weeks with no news on when I can expect it back is reasonable? I'm not sure if it matters but it's an Autotrust warranty.

Do I need to be contacting Autotrust or contacting head office of the dealer (although it seems to be where I bought it)?

MasterG83

I assume they haven't provided a loan car? That would be my first question.

If they are unable to fix it, pending the back order gearbox then you can discuss rejection. Is the car financed or was it a cash purchase?

paul_c123

I can't say, I don't have all the facts.

Did they offer a courtesy car? Could they have put the old oil back into the gearbox and at least given you it back, albeit pending repair, but more or less driveable? etc etc

expat_jo

No loan car offered and paid by cash.

I didn't ask if they could put the oil back in as I don't want to do further damage to it. Are Fiesta geabox's hard to come by?

MasterG83

It will be a reconditioned gearbox. In my experience in the trade these things can unfortunately drag on.

After 30 days of purchase they have the chance to repair the car, if they cant then you are entitled to a repair replacement or refund. I suspect the warranty company are wriggling so you need to uncover the full story.

Its time to go to the dealer, sit down with the senior manager and discuss your options calmly. Explain your situation and ask for a date when it will be fixed. If it cant then ask for a refund, there is no set time so this comes down to everyone being reasonable in this.

I should add that if this meeting bears no fixed timeline, solution (loan car) then you should inform Trading Standards to start the process, keep records of everything, conversations etc.

expat_jo

https://forums.moneysavingexpert.com/discussion/comment/81983939#Comment_81983939

Thanks for your reply. The problem is, the dealer is an hour and a half from home and if I go I know I will be told the manager isn't there. And he's not replying to my phone calls. Apparently no one else can help me.

Alderbank

Are you claiming under your consumer rights or under your warranty with Autotrust? They are quite separate.

If you claim under your statutory rights in the Consumer Rights Act then in addition to completing the work in a reasonable time the trader must complete the repairs without causing you significant inconvenience.

You don't say exactly which gearbox you need. A few can be difficult to find but most Fiesta boxes are readily available immediately from lots of reconditioners such as Re-engineered Transmissions for example.

https://reengineeredtransmissions.co.uk/ford

If your claim is under your third party warranty then their definition of unreasonable seems to be what YouTube personality Edd China considers to be unreasonable.

Autotrust say on their website 'We have appointed an expert adjudicator, Edd China, to ensure that any disputes with customers are resolved in a fair and un-biased manner. In the event of a dispute between us, Edd China has the final ‘discretion’. This is what makes Warrantywise unique.'

If you haven't already done so, you should make clear to the garage that you are claiming against them under your rights in the Consumer Rights Act 2015. It is still OK for Autotrust to pay for the work but you need to make clear that the seller is responsible for getting it done without significant inconvenience to you otherwise you will exercise your final right to reject the vehicle.

sheslookinhot

https://forums.moneysavingexpert.com/discussion/comment/81984002#Comment_81984002

in that case, travel for a face to face with the most senior person there.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/81983939#Comment_81983939

You can only contact TS via CAB and TS will not deal with an individual case, they will only take action when they have received several different complaints against a trader