Been missold a car with lots of problems- need help warranty company WON'T PAY!!

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Angel_A_2
Angel_A_2 Posts: 864 Forumite
Hi,

Had my 2nd hand car 5mths ago (Landrover freelander R REG)

Came with 6 months warranty
Car broke down 2 weeks ago...Diagnosed as rare diff :confused:

Warranty company said they would pay...because still under warranty

Garage found PROP SHAFT???? Has some kind of tape wrapped around it, which I didn't see when i got the car (basic knowledge) Also FOUND A HOLE IN THE AXEL!!:mad: :mad: :mad:

Warranty company inspected car and DISMISSED MY CLAIM :eek: :eek: because this is caused by wear n tear, not mechanical defect!!!!

Please can anyone advise...does anyone have car knowledge AS THE BILL IS HUGE!!!!

I AM DESPERATE FOR HELP FROM YOU CAR EXPERTS AND PROS ;)

Thanks
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  • Wig
    Wig Posts: 14,139 Forumite
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    You are protected under the Sale of goods act. Talk to CAB (or trading standards), ASAP (like today or tomorrow). Before 6 months the onus is on the retailer to prove the car was not defective at time of sale, I think sellotape on the prop shaft is definately proof the car was not satisfactory.

    Others here will doom and gloom saying you have no chance, but I tend to think if you don't try you will never find out. and the law does theoretically protect you.

    Don't be like everyone else who asks for help, when you have some news update this thread - and again when it is all finished.
  • esuhl
    esuhl Posts: 9,409 Forumite
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    I'm no expert on cars or the law, but it sounds like the "tape wrapped round the prop shaft" may have been dangerous, in which case Trading Standards may be able to help you prepare a legal threat to make them reconsider...

    You may also be able to ask the garage for a written statement about the state of the car. Does the issue appear, in their professional judgement, to have been caused by wear and tear in the past 5 or 6 months, for example? This might help with any subsequent legal claim.

    It would be worth checking the small print of the warranty, though. If the car was sold "as is", then the warranty might not be worth the paper its written on!
  • Angel_A_2
    Angel_A_2 Posts: 864 Forumite
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    Thankyou....I have been to the CAB and they advised that i should be able to sue the dealership company.

    But much appreciated your time
  • Angel_A_2
    Angel_A_2 Posts: 864 Forumite
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    Thankyou very much..sorry forgot to put that I have been to CAB and they advised that i can try the small claims court to sue the dealership.

    But thanks for taking time to respond me
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    I'm surprised anyone would give an extended warranty of any value on a ten year old car that must have cost you less than a grand. Having said that, if they did then they should stand by it.

    Its the rear differential (as opposed to the front one) that has failed.

    Where are you in the country? It could be worth going to a local independent LR specialist for their opinion.
  • Angel_A_2
    Angel_A_2 Posts: 864 Forumite
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    Thanks...the garage said they would write a written statement to say what they found....But I will def keep you informed. I am now handing over to Sweet C who is the actual person, as she has now registered...Heavenlygee out, good luck my friend! x
  • Sweet_C
    Sweet_C Posts: 7 Forumite
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    Thanks Heavenlygee, who told me about this website.

    This situation has happened to me within the last week.

    I will be grateful for your help.

    Thanks
  • Angel_A_2
    Angel_A_2 Posts: 864 Forumite
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    your welcome hun...good luck x
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    Your location, please.
  • Sweet_C
    Sweet_C Posts: 7 Forumite
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    Essex!!! No cheeky LOL
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