Used car; consumer rights act?

Used car; consumer rights act?

Author
Discussion

MGB3405

Original Poster:

61 posts

152 months

Thursday 9th February 2017
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Hi

Apologies for the double post not sure which forum to use; I have recently bought a secondhand Mini Cooper s 2006; (two months and just over 1000 miles). It appears that the supercharger has failed; if the dealer is unhelpful what comeback do I have?

akirk

5,385 posts

114 months

Thursday 9th February 2017
quotequote all
Very little unless you can show that it was failing or had an issue at the time of purchase...
Things go wrong on cars and the consumer law is not a catch all for any issues...

2 months after purchase, shows it worked for two months so was clearly working when bought, so it will probably not be considered to be the responsibility of the dealer...

Dixy

2,920 posts

205 months

Friday 10th February 2017
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If it fails within 6 months the responsibility for proving it was not failing when purchased lies with the supplier.

singlecoil

33,545 posts

246 months

Friday 10th February 2017
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You just need to remember that dealers usually have many years of experience in shrugging off such situations. The law may be on your side, theoretically, but you will still need to put a lot of time and effort in and even then might not get the result you want.

MGB3405

Original Poster:

61 posts

152 months

Friday 10th February 2017
quotequote all
Thanks guys; my thoughts are that I should get more than a 1000 miles out of reasonably expensive car...

singlecoil

33,545 posts

246 months

Friday 10th February 2017
quotequote all
MGB3405 said:
Thanks guys; my thoughts are that I should get more than a 1000 miles out of reasonably expensive car...
So what do you see yourself doing about it?

MGB3405

Original Poster:

61 posts

152 months

Friday 10th February 2017
quotequote all
Good question; being recovered to dealer today; my guess the warranty won't cover it, so will push the dealer to repair it.

Lurking Lawyer

4,534 posts

225 months

Friday 10th February 2017
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OP, check whether your home insurance includes legal expenses cover which might respond. If you're going to have to fight, you might as well make it look like you're serious by engaging a solicitor, and let your insurer pick up the tab....

xjay1337

15,966 posts

118 months

Friday 10th February 2017
quotequote all
When you say unhelpful, how do you mean?
You mention its being recovered back to the supplying dealer, are they going to investigate?

MGB3405

Original Poster:

61 posts

152 months

Friday 10th February 2017
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Yes they are going to investigate; I'm just looking a worse case scenario and slippery shoulders

esxste

3,676 posts

106 months

Friday 10th February 2017
quotequote all
https://www.theaa.com/car-buying/legal-rights

This might be worth reading through.

"If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.

In the event of a refund following a failed attempt at repair during the first six months the seller is permitted to make a 'reasonable' adjustment to the amount refunded to take account of the use that you have had of the vehicle since you bought it."

akirk

5,385 posts

114 months

Friday 10th February 2017
quotequote all
esxste said:
It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.
This is the challenging bit though...

- component not used / tested at sale - later noticed to have failed - this applies
- component in use and active at sale (as a supercharger would be) - scenario 1 - it is a gradual failure, and that is deemed to have started by point of sale - this applies
- component in use and active at sale (as a supercharger would be) - scenario 2 - it is an abrupt failure - this doesn't apply

so the seller would simply need to show that the supercharger was working at point of sale (presumably would have been very noticeable if not), and if it is seen as an abrupt failure which was not predictable then the consumer may not be protected

jac-in-a-box

259 posts

238 months

Friday 10th February 2017
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Nothing "challenging" about it. Ignore the nay-sayers and those who "think" they know how it all works. The Consumer Rights Act is a useful piece of legislation and is very much on your side regardless of how unfair some may think it is.

As has already been mentioned see if you have legal protection on any of your insurance polices, if yes use them - in my case they were very good. CAB can be very good too.

I was in a similar situation around a year ago, dealer didn't want know and tried to hide behind the fact he'd supplied a warranty, the car had worked for X miles so it's not my problem etc...stand your ground and good luck!

My tale with a happy ending ending: http://www.pistonheads.com/gassing/topic.asp?h=0&a...

sshenton1975

754 posts

221 months

Saturday 11th February 2017
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Absolutely agree - dont let the dealer off the hook!!

anonymous-user

54 months

Saturday 11th February 2017
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jac-in-a-box said:
Nothing "challenging" about it. Ignore the nay-sayers and those who "think" they know how it all works. The Consumer Rights Act is a useful piece of legislation and is very much on your side regardless of how unfair some may think it is.

As has already been mentioned see if you have legal protection on any of your insurance polices, if yes use them - in my case they were very good. CAB can be very good too.

I was in a similar situation around a year ago, dealer didn't want know and tried to hide behind the fact he'd supplied a warranty, the car had worked for X miles so it's not my problem etc...stand your ground and good luck!

My tale with a happy ending ending: http://www.pistonheads.com/gassing/topic.asp?h=0&a...
thumbup

Confused buyer and toomany2cvs will be along soon enough to tell you that it's entirely reasonable to expect cars to break down with the buyer having no recourse.

Generally you get a lot of rubbish advice on here - like the first reply for example.

MGB3405

Original Poster:

61 posts

152 months

Sunday 12th February 2017
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Thanks for the replay waiting for the dealer to get back to us

Huntsman

8,044 posts

250 months

Sunday 12th February 2017
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MGB3405 said:
Thanks guys; my thoughts are that I should get more than a 1000 miles out of reasonably expensive car...
It is coming up for 11 years old, its an old banger no?

How many miles has it done?

Cerberaherts

1,651 posts

141 months

Sunday 12th February 2017
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Huntsman said:
It is coming up for 11 years old, its an old banger no?

How many miles has it done?
Agreed on the age. One would expect it to cover more than 1000 miles before a major (not wear and tear) engine component to fail unless it was listed as having a fault or as spares or repair......

andymc

7,348 posts

207 months

Sunday 12th February 2017
quotequote all
Cerberaherts said:
Huntsman said:
It is coming up for 11 years old, its an old banger no?

How many miles has it done?
Agreed on the age. One would expect it to cover more than 1000 miles before a major (not wear and tear) engine component to fail unless it was listed as having a fault or as spares or repair......
but the car hasn't covered a 1000 miles, its probably on 80,000 miles

anonymous-user

54 months

Sunday 12th February 2017
quotequote all
hehe these threads are brilliant