Faulty Used Car Query
Discussion
20,000 miles and 14 months of ownership on a 10 year old car. I'm afraid there's no logical way the garage has an obligation towards a repair!
I could understand if it went in the first 3 months or even perhaps the first 6 months if you'd done minimal mileage but if you buy a car with almost 120k on the clock, that's the risk you take.
My daily car has just ticked over 140k and I bought it last winter, the steering column was leaking. I could have argued it was doing that before I got it but it's an old car with plenty of wear on it. Logic dictates I wouldn't get anywhere.
I could understand if it went in the first 3 months or even perhaps the first 6 months if you'd done minimal mileage but if you buy a car with almost 120k on the clock, that's the risk you take.
My daily car has just ticked over 140k and I bought it last winter, the steering column was leaking. I could have argued it was doing that before I got it but it's an old car with plenty of wear on it. Logic dictates I wouldn't get anywhere.
bmw535i said:
In legal terms, you actually have up to 6 years to return a faulty vehicle. I'd say in reality you'd have a hell of a job to convince a judge the fault was anything but wear and tear after a year, let alone 6.
Err, you have some years to seek repair of a NEW product (I forget the exact terms) - but not a used vehicle - it's already 10 years+ old?Vaud said:
Err, you have some years to seek repair of a NEW product (I forget the exact terms) - but not a used vehicle - it's already 10 years+ old?
New or used, if it is reasonably expected to last for more than 6 years and doesn't, you have a right to reject. You would have to prove the vehicle should last for 6 years. As I said already, in reality you're never going to get anywhere with it in this instance.bmw535i said:
Vaud said:
Err, you have some years to seek repair of a NEW product (I forget the exact terms) - but not a used vehicle - it's already 10 years+ old?
New or used, if it is reasonably expected to last for more than 6 years and doesn't, you have a right to reject. You would have to prove the vehicle should last for 6 years. As I said already, in reality you're never going to get anywhere with it in this instance.bmw535i said:
In legal terms, you actually have up to 6 years to return a faulty vehicle. I'd say in reality you'd have a hell of a job to convince a judge the fault was anything but wear and tear after a year, let alone 6.
This thread is comedy gold. You hear about people like this but you imagine they must be made up. Then you come here...........
Why don't people just read stuff instead of thinking they're clever. It only makes you look like dicks in the end 
Seems to happen time after time on here.
It comes under the limitations act - here's some articles on it after a very simple google search. You can even try it yourselves.
https://www.moneyadviceservice.org.uk/en/articles/...
http://www.autoexpress.co.uk/car-news/consumer-new...
http://skintdad.co.uk/consumer-rights-act-2015/
http://www.lawgistics.co.uk/legal-article-warranty...
Read the solicitors replies to the comments in the last link. She is a lawyer specialising in the motor trade.
Seems to happen time after time on here.It comes under the limitations act - here's some articles on it after a very simple google search. You can even try it yourselves.
https://www.moneyadviceservice.org.uk/en/articles/...
http://www.autoexpress.co.uk/car-news/consumer-new...
http://skintdad.co.uk/consumer-rights-act-2015/
http://www.lawgistics.co.uk/legal-article-warranty...
Read the solicitors replies to the comments in the last link. She is a lawyer specialising in the motor trade.
andymc said:
really? can you point me in the direction of this
No problem:http://www.moneysavingexpert.com/shopping/consumer...
As your own content provides:
"The Sale of Goods Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. If you’ve bought used, the term satisfactory quality will take into account your vehicle’s age and mileage.
If the car you bought fails on any of the three key points within the first six months, you‘re entitled to have it repaired or replaced, or to get a partial or full refund under the Act.
Legally, you’re allowed to return the car up to six years after you bought it. In reality this can prove tricky as the more time that elapses, the harder it is to prove the fault was there from manufacture and not normal wear and tear - which isn't covered."
142k miles from a gearbox on a used car would strike me being argued as "wear and tear" and not a fault. It's worked fine for 20k since purchase, indicating that it wasn't a fault present at purchase.
"The Sale of Goods Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. If you’ve bought used, the term satisfactory quality will take into account your vehicle’s age and mileage.
If the car you bought fails on any of the three key points within the first six months, you‘re entitled to have it repaired or replaced, or to get a partial or full refund under the Act.
Legally, you’re allowed to return the car up to six years after you bought it. In reality this can prove tricky as the more time that elapses, the harder it is to prove the fault was there from manufacture and not normal wear and tear - which isn't covered."
142k miles from a gearbox on a used car would strike me being argued as "wear and tear" and not a fault. It's worked fine for 20k since purchase, indicating that it wasn't a fault present at purchase.
Vaud said:
As your own content provides:
"The Sale of Goods Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. If you’ve bought used, the term satisfactory quality will take into account your vehicle’s age and mileage.
If the car you bought fails on any of the three key points within the first six months, you‘re entitled to have it repaired or replaced, or to get a partial or full refund under the Act.
Legally, you’re allowed to return the car up to six years after you bought it. In reality this can prove tricky as the more time that elapses, the harder it is to prove the fault was there from manufacture and not normal wear and tear - which isn't covered."
142k miles from a gearbox on a used car would strike me being argued as "wear and tear" and not a fault. It's worked fine for 20k since purchase, indicating that it wasn't a fault present at purchase.
Absolutely, I agree. Which is why I've already said he'd have a hell of a job convincing a judge in this particular case. Nevertheless, legally he can still try "The Sale of Goods Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. If you’ve bought used, the term satisfactory quality will take into account your vehicle’s age and mileage.
If the car you bought fails on any of the three key points within the first six months, you‘re entitled to have it repaired or replaced, or to get a partial or full refund under the Act.
Legally, you’re allowed to return the car up to six years after you bought it. In reality this can prove tricky as the more time that elapses, the harder it is to prove the fault was there from manufacture and not normal wear and tear - which isn't covered."
142k miles from a gearbox on a used car would strike me being argued as "wear and tear" and not a fault. It's worked fine for 20k since purchase, indicating that it wasn't a fault present at purchase.
bmw535i said:
Why don't people just read stuff instead of thinking they're clever. It only makes you look like dicks in the end Seems to happen time after time on here.
It comes under the limitations act - here's some articles on it after a very simple google search. You can even try it yourselves.
https://www.moneyadviceservice.org.uk/en/articles/...
http://www.autoexpress.co.uk/car-news/consumer-new...
http://skintdad.co.uk/consumer-rights-act-2015/
http://www.lawgistics.co.uk/legal-article-warranty...
Read the solicitors replies to the comments in the last link. She is a lawyer specialising in the motor trade.
This is what you wrote. Seems to happen time after time on here.It comes under the limitations act - here's some articles on it after a very simple google search. You can even try it yourselves.
https://www.moneyadviceservice.org.uk/en/articles/...
http://www.autoexpress.co.uk/car-news/consumer-new...
http://skintdad.co.uk/consumer-rights-act-2015/
http://www.lawgistics.co.uk/legal-article-warranty...
Read the solicitors replies to the comments in the last link. She is a lawyer specialising in the motor trade.
bmw535i said:
New or used, if it is reasonably expected to last for more than 6 years and doesn't, you have a right to reject. You would have to prove the vehicle should last for 6 years. As I said already, in reality you're never going to get anywhere with it in this instance.
And I don't care what you want to post up, that was utter and complete b
ks. If you buy a 9 year old beater for a couple of bags of sand with 100 k miles on the clock you do not get a right to reject it if something breaks in 6 years. Or 5 years or 4,3,2,1 or even less. bmw535i said:
Absolutely, I agree. Which is why I've already said he'd have a hell of a job convincing a judge in this particular case. Nevertheless, legally he can still try
To be fair, I retract my previous comment - it seems that you are technically right about repair (though not return)- the new act makes no distinction on used vs new for the limits of claim, though the substantive points remain - which is where we agree it would likely fail in court.That said, county court judges can make odd decisions!
edit to clarify return vs repair.
unrepentant said:
And I don't care what you want to post up, that was utter and complete bks. If you buy a 9 year old beater for a couple of bags of sand with 100 k miles on the clock you do not get a right to reject it if something breaks in 6 years. Or 5 years or 4,3,2,1 or even less.
You are legally allowed to try. Like I've already said at least 3 times, it wouldn't work in this case - anyone can see that. Just to be clear, I don't think the OP should or could reject it, but the law says he can try. It's not me saying it, I'm just quoting the relevant law. ks. If you buy a 9 year old beater for a couple of bags of sand with 100 k miles on the clock you do not get a right to reject it if something breaks in 6 years. Or 5 years or 4,3,2,1 or even less. Vaud said:
To be fair, I retract my previous comment - it seems that you are technically right about repair (though not return)- the new act makes no distinction on used vs new for the limits of claim, though the substantive points remain - which is where we agree it would likely fail in court.
That said, county court judges can make odd decisions!
edit to clarify return vs repair.
This was all explained by the judge to the trader I took to court. I found it difficult to believe myself, but there you go. It was clear he had no idea of it either That said, county court judges can make odd decisions!
edit to clarify return vs repair.
I don't know how anyone survives in the used car market over there with numpties like these and ludicrous laws.
Here in the land of the free we're allowed to sell cars "as is". At my old place we used to sell used with either a certified warranty, with a 1 month / 1000 mile powertrain warranty, a 3/3, a 6/6 and a 12/12. We also sold the beaters (anything under $10k / over 100k miles or 7 years old) AS IS. I hated selling them but I did on occasions and I always told the customer "If you cross the kerb and it breaks in two, congratulations - you own both halves".
At least here the consumer buys as an adult and understands that if you buy a beater you get no warranty and it's at your risk.
Here in the land of the free we're allowed to sell cars "as is". At my old place we used to sell used with either a certified warranty, with a 1 month / 1000 mile powertrain warranty, a 3/3, a 6/6 and a 12/12. We also sold the beaters (anything under $10k / over 100k miles or 7 years old) AS IS. I hated selling them but I did on occasions and I always told the customer "If you cross the kerb and it breaks in two, congratulations - you own both halves".
At least here the consumer buys as an adult and understands that if you buy a beater you get no warranty and it's at your risk.
unrepentant said:
I don't know how anyone survives in the used car market over there with numpties like these and ludicrous laws.
Here in the land of the free we're allowed to sell cars "as is". At my old place we used to sell used with either a certified warranty, with a 1 month / 1000 mile powertrain warranty, a 3/3, a 6/6 and a 12/12. We also sold the beaters (anything under $10k / over 100k miles or 7 years old) AS IS. I hated selling them but I did on occasions and I always told the customer "If you cross the kerb and it breaks in two, congratulations - you own both halves".
At least here the consumer buys as an adult and understands that if you buy a beater you get no warranty and it's at your risk.
You're allowed to sell "beaters" here too. You would have to advertise them as "spares or repair only" or words to that effect. Somehow us numpties tend to get by. Enjoy your freedom Here in the land of the free we're allowed to sell cars "as is". At my old place we used to sell used with either a certified warranty, with a 1 month / 1000 mile powertrain warranty, a 3/3, a 6/6 and a 12/12. We also sold the beaters (anything under $10k / over 100k miles or 7 years old) AS IS. I hated selling them but I did on occasions and I always told the customer "If you cross the kerb and it breaks in two, congratulations - you own both halves".
At least here the consumer buys as an adult and understands that if you buy a beater you get no warranty and it's at your risk.
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