Consumer law question
Discussion
Hi
I have searched and apologies up front if this comes up a lot but I couldn't find it.
Wife's car (2016 Astra) is coming to the end of the 3 year manufacturer's warranty and a previous random fault has re-developed. The fault is that the gearbox gets stuck in reverse occasionally, even though the gearstick is in neutral or even a forward gear. Eg gearstick in neutral, lift the clutch and the car goes backwards.
It can take several attempts to get it out of reverse, which requires clear space behind the car (forget it if parallel parked).
The fault first appeared shortly after we got the car and took two attempts to fix it, and it seemed ok barring one incidence of the fault until last weekend and now it keeps getting stuck.
My question is , with 4 weeks of manufacturer warranty remaining how obliged are vauxhall to fix this, assuming it'll require back and forth past the expiry date?
The fault is arguably dangerous, so I'm wondering if there is some "fit for purpose" angle here.
Weighing up options, if it's an easy fix great but otherwise if there is hassle on the horizon she has her eyes on a merc A class.
Thanks
Mike
I have searched and apologies up front if this comes up a lot but I couldn't find it.
Wife's car (2016 Astra) is coming to the end of the 3 year manufacturer's warranty and a previous random fault has re-developed. The fault is that the gearbox gets stuck in reverse occasionally, even though the gearstick is in neutral or even a forward gear. Eg gearstick in neutral, lift the clutch and the car goes backwards.
It can take several attempts to get it out of reverse, which requires clear space behind the car (forget it if parallel parked).
The fault first appeared shortly after we got the car and took two attempts to fix it, and it seemed ok barring one incidence of the fault until last weekend and now it keeps getting stuck.
My question is , with 4 weeks of manufacturer warranty remaining how obliged are vauxhall to fix this, assuming it'll require back and forth past the expiry date?
The fault is arguably dangerous, so I'm wondering if there is some "fit for purpose" angle here.
Weighing up options, if it's an easy fix great but otherwise if there is hassle on the horizon she has her eyes on a merc A class.
Thanks
Mike
Thanks - hoping Vauxhall take the same view as mercedes did for you, as that's fair and reasonable IMO, but both dealers I spoke to said good luck with that!
Btw by "fit for purpose" I just meant in the sense that it's a significant fault occuring during the warranty period compared to say a sat nav screen failing.
Only 21k miles on the car, in case that matters.
Btw by "fit for purpose" I just meant in the sense that it's a significant fault occuring during the warranty period compared to say a sat nav screen failing.
Only 21k miles on the car, in case that matters.
Squiddly Diddly said:
I had a warranty issue with a Mercedes and they took the view that as it existed prior to the official expiry of the warranty they would cover all costs until it was solved.
You are very unlikely to win a not fit for purpose claim on a car you have owned for three years.
^thisYou are very unlikely to win a not fit for purpose claim on a car you have owned for three years.
Get it all down in writing to them, everything from day one, before the warranty expires. And ask them, in writing, to fix it. Email will do as long as you send it to the company that you bought the car from. Copy to the manufacturer as a courtesy but correspond with the retailer.
Remember that the warranty only covers manufacturing defects, not absolutely everything that might go wrong. But if it us the same gearbox fault since the begining then it ought to be covered. As long as you inform them before expiry you should remain covered.
Remember that the warranty only covers manufacturing defects, not absolutely everything that might go wrong. But if it us the same gearbox fault since the begining then it ought to be covered. As long as you inform them before expiry you should remain covered.
bmwmike said:
What do these 6 year rights give me? I am not familiar with this. I'm assuming there are large caveats to this..
The caveat is that it was an enormously misleading statement!.Consumer law says that goods have to be “satisfactory quality” (i.e free from defects) at the date you buy them. If they are defective on that date then you have six years to bring a claim before it becomes time-barred. This is a very different thing to “rights lasting 6 years”, which sounds more like all issues arising within the first 6 years have to be corrected.
Of course, if an issue develops shortly after purchase then it was probably because of a defect in the product at the time of sale. And there’s a presumption that says exactly this, which lasts for 6 months. After that, a claimant has to prove that whatever issue has made itself known later was, in fact, caused by a defect that was there at time of sale.
Edited by bladebloke on Friday 31st May 05:54
bladebloke said:
The caveat is that it was an enormously misleading statement!.
Consumer law says that goods have to be “satisfactory quality” (i.e free from defects) at the date you buy them. If they are defective on that date then you have six years to bring a claim before it becomes time-barred. This is a very different thing to “rights lasting 6 years”, which sounds more like all issues arising within the first 6 years have to be corrected.
Of course, if an issue develops shortly after purchase then it was probably because of a defect in the product at the time of sale. And there’s a presumption that says exactly this, which lasts for 6 months. After that, a claimant has to prove that whatever issue has made itself known later was, in fact, caused by a defect that was there at time of sale.
Is that quite right? Consumer law says that goods have to be “satisfactory quality” (i.e free from defects) at the date you buy them. If they are defective on that date then you have six years to bring a claim before it becomes time-barred. This is a very different thing to “rights lasting 6 years”, which sounds more like all issues arising within the first 6 years have to be corrected.
Of course, if an issue develops shortly after purchase then it was probably because of a defect in the product at the time of sale. And there’s a presumption that says exactly this, which lasts for 6 months. After that, a claimant has to prove that whatever issue has made itself known later was, in fact, caused by a defect that was there at time of sale.
Edited by bladebloke on Friday 31st May 05:54
I thought one of the “satisfactory quality criteria” was durability - so a fault can develop after sale which was not there at the time, and this is still covered under consumer law?
Obviously durability has to have regard to the circs of sale - so a shonky 10yo shed will not be as durable as a new Toyota.
Harpington said:
Is that quite right?
I thought one of the “satisfactory quality criteria” was durability - so a fault can develop after sale which was not there at the time, and this is still covered under consumer law?
Obviously durability has to have regard to the circs of sale - so a shonky 10yo shed will not be as durable as a new Toyota.
Yes, it is quite right!I thought one of the “satisfactory quality criteria” was durability - so a fault can develop after sale which was not there at the time, and this is still covered under consumer law?
Obviously durability has to have regard to the circs of sale - so a shonky 10yo shed will not be as durable as a new Toyota.
You are also correct - durability is one factor taken into account when assessing whether or not something is satisfactory quality. But something breaking 9 months in because it wasn't (in the first place) sufficiently durable is a different point to a fault that becomes apparent later, caused by a manufacturing defect. But either way, the question remains whether or not the thing was satisfactory quality when sold.
Thanks all. Great info to be armed with!
Vauxhall dealer doing the right thing so far. They've diagnosed the fault and have ordered parts, which are on back order and takes us very close to end of warranty date. We shall see..
Now if only I can get BMW to honour their 12 year anti corrosion warranty... !
Vauxhall dealer doing the right thing so far. They've diagnosed the fault and have ordered parts, which are on back order and takes us very close to end of warranty date. We shall see..
Now if only I can get BMW to honour their 12 year anti corrosion warranty... !
bmwmike said:
Now if only I can get BMW to honour their 12 year anti corrosion warranty... !
Good luck with that.I had spot of corrosion on the underside of my Z4MC hatch that was repaired under that warranty at about 7 years old...and it appeared again at 11 years.
Took it in and they said the claim was invalid because the car had been previously repaired by someone else. Well, yes, the car has been repaired by others as it was in an accident in 2015 - BUT the hatch was not part of that repair.
They can't find any proof that they (or another dealer) did the previous repair, so refused the claim, and BMW UK are no use either. Obviously after almost 5 years, I can't find any evidence either and the dealership has changed owners since the first repair.
bladebloke said:
Yes, it is quite right!
You are also correct - durability is one factor taken into account when assessing whether or not something is satisfactory quality. But something breaking 9 months in because it wasn't (in the first place) sufficiently durable is a different point to a fault that becomes apparent later, caused by a manufacturing defect. But either way, the question remains whether or not the thing was satisfactory quality when sold.
I see. Thanks for clarifyingYou are also correct - durability is one factor taken into account when assessing whether or not something is satisfactory quality. But something breaking 9 months in because it wasn't (in the first place) sufficiently durable is a different point to a fault that becomes apparent later, caused by a manufacturing defect. But either way, the question remains whether or not the thing was satisfactory quality when sold.
My smart cabrio had a roof failure 2 days before the warranty ran out.
Mercedes had the car and didn't fix it properly. I collected it a few days later, and didn't get it off the forecourt before the same problems reoccurred.
The dealer said that whilst the manufacturer warranty had expired, they would fix it again as a goodwill gesture. The warranty date was set in stone.
(They didn't fix it properly that time either so it went to an indy specialist with Merc paying the bill later)
Mercedes had the car and didn't fix it properly. I collected it a few days later, and didn't get it off the forecourt before the same problems reoccurred.
The dealer said that whilst the manufacturer warranty had expired, they would fix it again as a goodwill gesture. The warranty date was set in stone.
(They didn't fix it properly that time either so it went to an indy specialist with Merc paying the bill later)
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