bought a car today, broke down on way home - any advice?
Discussion
Afternoon all,
bought a car from a small dealer today (£1500 12yr old Saab 9-5)
All seemed OK, decent dealer history with 10 stamps (80,000 mile car), fair pile of paperwork,11mths test,6mths tax and drove fine. Plenty of cosmetic problems but wasn't an issue, I will fix some of them up but it's a struggle to keep a car in good nick around here so I was happy.
It broke down on the M25 45mins after leaving the dealer - went to accelerate into lane 3, engine light came on, eased into lane 1 and it was 'coasting' fine but engine light came on again under load. 30/40secs later, onto the hard shoulder, flat bed truck,AA couldn't fix, now it's outside on the street
AA man seemed to think, after 40mins or so of diagnostics and fiddling around, it could be a fuel pressure problem...it was throwing up an ignition system fault but he couldn't pin point anything.
Dealer was closing shortly after I left so haven't had a chance to call him yet and decided to get it towed home as that was closest and dealer had cosed anyway.
main point for consideration - I signed to say I agreed I was NOT covered by any dealer warranty. I know, I know, but I questioned it and he stated it wasn't offered on sub 2K/10yr old cars at all. It didn't concern me too much, I knew it wasn't a perfect car by any means but I was hoping for at least a few months of relatively problem free trundling around!!
So, bearing that in mind, am I completely at a loss here? Or am I covered by any trades description/sales of good act??
Do I have a set number of days/weeks in which, by law, it should be expected to perform as a car should? Or am I buggered because I signed above mentioned disclaimer?
Cheers!
bought a car from a small dealer today (£1500 12yr old Saab 9-5)
All seemed OK, decent dealer history with 10 stamps (80,000 mile car), fair pile of paperwork,11mths test,6mths tax and drove fine. Plenty of cosmetic problems but wasn't an issue, I will fix some of them up but it's a struggle to keep a car in good nick around here so I was happy.
It broke down on the M25 45mins after leaving the dealer - went to accelerate into lane 3, engine light came on, eased into lane 1 and it was 'coasting' fine but engine light came on again under load. 30/40secs later, onto the hard shoulder, flat bed truck,AA couldn't fix, now it's outside on the street
AA man seemed to think, after 40mins or so of diagnostics and fiddling around, it could be a fuel pressure problem...it was throwing up an ignition system fault but he couldn't pin point anything.
Dealer was closing shortly after I left so haven't had a chance to call him yet and decided to get it towed home as that was closest and dealer had cosed anyway.
main point for consideration - I signed to say I agreed I was NOT covered by any dealer warranty. I know, I know, but I questioned it and he stated it wasn't offered on sub 2K/10yr old cars at all. It didn't concern me too much, I knew it wasn't a perfect car by any means but I was hoping for at least a few months of relatively problem free trundling around!!
So, bearing that in mind, am I completely at a loss here? Or am I covered by any trades description/sales of good act??
Do I have a set number of days/weeks in which, by law, it should be expected to perform as a car should? Or am I buggered because I signed above mentioned disclaimer?
Cheers!
Alfahorn said:
The dealer can write what they want on the paperwork, by law they are required to warranty the car for 90 days.
Rubbish. The dealer is liable for faults which were present at the time of purchase only. There is no specific time limit, but up to 6 months after purchase any fault which arises is deemed to be present at the time of purchase unless the dealer can prove otherwise. After 6 months this burdon of proof falls to the customer.It is true that a dealer cannot release you from his statuory obligations by getting you to sign as such, but it's not true that everyone gets some mythical 90 day bumper to bumper warranty on every car purchased from the trade.
Sales of Goods act says that car should be as described and fit for purpose.
Case history I believe gives some latitude so expectations of a £1,500 car are less than that on a £15,000 car.
Given that it's a fault so soon after purchase that affects the drivability so badly I reckon with no training that you'd be in a relatively strong position. It would be different if it was something minor like a rattling dashboard.
Did had similar symptoms on a 9-5 which turned out to be a throttle body. Also known to eat DI cassettes.
Case history I believe gives some latitude so expectations of a £1,500 car are less than that on a £15,000 car.
Given that it's a fault so soon after purchase that affects the drivability so badly I reckon with no training that you'd be in a relatively strong position. It would be different if it was something minor like a rattling dashboard.
Did had similar symptoms on a 9-5 which turned out to be a throttle body. Also known to eat DI cassettes.
No automatic 90 day guarantee of a working car. Definitely not.
However, the car should be "of satisfactory quality and fit for purpose" taking account of age, mileage, description and the price paid for it. This cannot be excluded by a trader using "sold without warranty" wording although it suggests you may have an uphill struggle. On the other hand breaking down within 45 minutes certainly leans in your favour.
Under an excellent piece of EU law (EC Directive 1999/44/EC) the burden of proof is placed on the car dealer for the first six months after a purchase. In other words, if you say it was faulty the trader has to prove that it wasn't.
However, the car should be "of satisfactory quality and fit for purpose" taking account of age, mileage, description and the price paid for it. This cannot be excluded by a trader using "sold without warranty" wording although it suggests you may have an uphill struggle. On the other hand breaking down within 45 minutes certainly leans in your favour.
Under an excellent piece of EU law (EC Directive 1999/44/EC) the burden of proof is placed on the car dealer for the first six months after a purchase. In other words, if you say it was faulty the trader has to prove that it wasn't.
You have happily bought a car knowing you have no warranty.. You knew that if the car were to break down on your way home you would be on your own as you have no warranty.. Yet still after (unfortunately) the worst has happened you want to call the guy and plead SOGA..
My own pride would never let me make that phone call... I'd be embarressed to.
I bought an inflatable mattress from Argos once and the lady at the counter made the point that the air beds were not covered by any form of guarantee.. I thought ok fair enough and still bought it.. That air mattress doesn't hold air for toffee... Oh well you live and learn.
Get the car fixed.. might cost you £50 might cost you £500.. Its a cheap car and sometimes these things happen.
My own pride would never let me make that phone call... I'd be embarressed to.
I bought an inflatable mattress from Argos once and the lady at the counter made the point that the air beds were not covered by any form of guarantee.. I thought ok fair enough and still bought it.. That air mattress doesn't hold air for toffee... Oh well you live and learn.
Get the car fixed.. might cost you £50 might cost you £500.. Its a cheap car and sometimes these things happen.
P4T said:
You have happily bought a car knowing you have no warranty.. You knew that if the car were to break down on your way home you would be on your own as you have no warranty.. Yet still after (unfortunately) the worst has happened you want to call the guy and plead SOGA..
I guess that depends if he agreed to no warranty under the assumption the car as it stood would drive and he was happy to swallow a bill for, say, a new radiator next month or when it wouldn't start in two months time. In this situation finding out it was broken when the cash was handed over could be quite annoying.After all, you wouldn't expect a car dealer to be selling broken cars described as in working order
Do you have a copy of what you signed?, unless it was that the dealer was not confident that the vehicle will meet your particular requirements then you can follow the usual option of the dealer having to prove the fault was not present.
Edit:
9.9
If you are not confident
that the vehicle will meet the consumer’s
particular requirements, you should make
this clear to them and put this in writing to
protect yourself against future claims.
http://www.oft.gov.uk/shared_oft/reports/676408/of...
Edit:
9.9
If you are not confident
that the vehicle will meet the consumer’s
particular requirements, you should make
this clear to them and put this in writing to
protect yourself against future claims.
http://www.oft.gov.uk/shared_oft/reports/676408/of...
Edited by tercelgold on Sunday 3rd February 18:22
thanks all...didn't expect so many replies, only popped out for a 4 pack!
yes, quick test drive - left me happy that it was a decent (for £1500!) car.
truth be told, the problem hit when I went to accelerate from lane 2 to 3 from 70mph or so, hit 85ish and engine light came on...quickly went off and I trundled at 65 in lane 1 for a minute or so, went to accelerate again and a big fat nothing!
I don't mind if it's a sub £500 problem, I'd almost be 'happy' to pay that if it meant it was an OK car for a years use or so without too much trouble. I wondered if I had a leg to stand on if it was going to be a £1000+ job as obviously it isn't worth it in that case.
I planned to ring him first thing anyway to give him a fair chance and see what he had to say without going in all gung ho quoting laws and prices from local mechanics!
Cheers for advice so far, much appreciated.
yes, quick test drive - left me happy that it was a decent (for £1500!) car.
truth be told, the problem hit when I went to accelerate from lane 2 to 3 from 70mph or so, hit 85ish and engine light came on...quickly went off and I trundled at 65 in lane 1 for a minute or so, went to accelerate again and a big fat nothing!
I don't mind if it's a sub £500 problem, I'd almost be 'happy' to pay that if it meant it was an OK car for a years use or so without too much trouble. I wondered if I had a leg to stand on if it was going to be a £1000+ job as obviously it isn't worth it in that case.
I planned to ring him first thing anyway to give him a fair chance and see what he had to say without going in all gung ho quoting laws and prices from local mechanics!
Cheers for advice so far, much appreciated.
P4T said:
You have happily bought a car knowing you have no warranty.. You knew that if the car were to break down on your way home you would be on your own as you have no warranty.. Yet still after (unfortunately) the worst has happened you want to call the guy and plead SOGA..
My own pride would never let me make that phone call... I'd be embarressed to.
I bought an inflatable mattress from Argos once and the lady at the counter made the point that the air beds were not covered by any form of guarantee.. I thought ok fair enough and still bought it.. That air mattress doesn't hold air for toffee... Oh well you live and learn.
Get the car fixed.. might cost you £50 might cost you £500.. Its a cheap car and sometimes these things happen.
£1500 for 45mins of driving does however you look at it seem a tad excessive.. no matter what was signed .My own pride would never let me make that phone call... I'd be embarressed to.
I bought an inflatable mattress from Argos once and the lady at the counter made the point that the air beds were not covered by any form of guarantee.. I thought ok fair enough and still bought it.. That air mattress doesn't hold air for toffee... Oh well you live and learn.
Get the car fixed.. might cost you £50 might cost you £500.. Its a cheap car and sometimes these things happen.
P4T said:
You have happily bought a car knowing you have no warranty.. You knew that if the car were to break down on your way home you would be on your own as you have no warranty.. Yet still after (unfortunately) the worst has happened you want to call the guy and plead SOGA..
My own pride would never let me make that phone call... I'd be embarressed to.
I bought an inflatable mattress from Argos once and the lady at the counter made the point that the air beds were not covered by any form of guarantee.. I thought ok fair enough and still bought it.. That air mattress doesn't hold air for toffee... Oh well you live and learn.
Get the car fixed.. might cost you £50 might cost you £500.. Its a cheap car and sometimes these things happen.
haha, fair point man! I was fully aware no guarantee in place, I just wondered if I was covered, even if for a week or so, by any trade law. My own pride would never let me make that phone call... I'd be embarressed to.
I bought an inflatable mattress from Argos once and the lady at the counter made the point that the air beds were not covered by any form of guarantee.. I thought ok fair enough and still bought it.. That air mattress doesn't hold air for toffee... Oh well you live and learn.
Get the car fixed.. might cost you £50 might cost you £500.. Its a cheap car and sometimes these things happen.
As in my reply one above, I don't mind fixing it, just wondered if I was covered at all for a nominal period of time.
tercelgold said:
Do you have a copy of what you signed?, unless it was that the dealer was not confident that the vehicle will meet your particular requirements then you can follow the usual option of the dealer having to prove the fault was not present.
Edit:
9.9
If you are not confident
that the vehicle will meet the consumer’s
particular requirements, you should make
this clear to them and put this in writing to
protect yourself against future claims.
http://www.oft.gov.uk/shared_oft/reports/676408/of...
I do have a copy, yes. It is their terms and conditions/warranty page with a small paragraph underneath, which I have signed to agree to, explaining that their usual warranty does not cover this car.Edit:
9.9
If you are not confident
that the vehicle will meet the consumer’s
particular requirements, you should make
this clear to them and put this in writing to
protect yourself against future claims.
http://www.oft.gov.uk/shared_oft/reports/676408/of...
Edited by tercelgold on Sunday 3rd February 18:22
Like I say, I accepted his reasoning that they didn't offer it on certain age/mileage cars, I guess it was just a kick in the balls for it to break so quickly...it pissed on my chips a bit to have it on the hard shoulder of the M25 on the way home from buying it!
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