Used Car 5 months on. Warranty vs Consumer Rights.
Discussion
To cut a long story short, 5 months ago I purchased a used car from a franchised dealership. I was given a third party warranty.
There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
MattsCar said:
To cut a long story short, 5 months ago I purchased a used car from a franchised dealership. I was given a third party warranty.
There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
What is the make/model/mileage/age/price you paid for the car?There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
And what are the faults? Clearly they're not major ones - in that it hasn't affected driveability or roadworthiness, since its done 2000 miles. Its a grey area which is dependant on age & mileage of car - clearly the expectation on a new car is different from a £2000 secondhand one.
But essentially, within 6 months, if the dealer is unable to prove the fault wasn't there when the car was handed over, he is liable but fair wear and tear is taken into consideration. Also, the dealer isn't obligated to repair - they could refund or replace.
The reason I ask the above questions is, you could be wasting your time.
MattsCar said:
To cut a long story short, 5 months ago I purchased a used car from a franchised dealership. I was given a third party warranty.
There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
It’s always going to be easier to do that if you speak to the dealer on day one of a fault becoming apparent - five months later probably weakens your case a bit. My experience of getting dealers to repair in this way (especially if it’s an intermittent fault) requires multiple trips because you’ll often get “we couldn’t find any problem sir”There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
paul_c123 said:
What is the make/model/mileage/age/price you paid for the car?
And what are the faults? Clearly they're not major ones - in that it hasn't affected driveability or roadworthiness, since its done 2000 miles. Its a grey area which is dependant on age & mileage of car - clearly the expectation on a new car is different from a £2000 secondhand one.
But essentially, within 6 months, if the dealer is unable to prove the fault wasn't there when the car was handed over, he is liable but fair wear and tear is taken into consideration. Also, the dealer isn't obligated to repair - they could refund or replace.
The reason I ask the above questions is, you could be wasting your time.
Kia Ceed 2015 £4,300.And what are the faults? Clearly they're not major ones - in that it hasn't affected driveability or roadworthiness, since its done 2000 miles. Its a grey area which is dependant on age & mileage of car - clearly the expectation on a new car is different from a £2000 secondhand one.
But essentially, within 6 months, if the dealer is unable to prove the fault wasn't there when the car was handed over, he is liable but fair wear and tear is taken into consideration. Also, the dealer isn't obligated to repair - they could refund or replace.
The reason I ask the above questions is, you could be wasting your time.
Rough idle when warm.
Air Con not working, think it may actually be the compressor as it makes a horrible noise.
Auto start stop not working.
The clutch also judders and makes a funny sound at 1500rpm (I suspect this will now be wear and tear).
Mainly niggling things, which is why I put it off, thinking I will get them rectified under the warranty eventually, but have read some people saying in the first 6 months, it is the dealers responsibility.
Must admit I should have got this all mentioned sooner, but life was hectic and busy at the time.
Basically, just seeing where i should go from here, without looking like an idiot and being an "I know my rights" type.
Edited by MattsCar on Saturday 5th April 17:09
LightningBlue said:
MattsCar said:
To cut a long story short, 5 months ago I purchased a used car from a franchised dealership. I was given a third party warranty.
There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
It’s always going to be easier to do that if you speak to the dealer on day one of a fault becoming apparent - five months later probably weakens your case a bit. My experience of getting dealers to repair in this way (especially if it’s an intermittent fault) requires multiple trips because you’ll often get “we couldn’t find any problem sir”There have been a number of faults apparent from day 1 (not wear and tear), which I have now made a list of, 2,000 miles on.
Am I right in thinking that instead of going through the warranty, the consumer rights act allows me to request the dealership themselves to fix faults if they occur within the first 6 months? Avoiding excess payments/ maximum claim costs on the warranty?
Just wanting advice before I send them a polite e-mail.
Disclaimer- The car hasn't been used much until the past couple of months and the dealership is a bit of a drive away so wanted all issues fixing in one go, instead of making multiple journeys back and forth.
MattsCar said:
Kia Ceed 2015 £4,300.
Rough idle when warm.
Air Con not working, think it may actually be the compressor as it makes a horrible noise.
Auto start stop not working.
The clutch also judders and makes a funny sound at 1500rpm (I suspect this will now be wear and tear).
Mainly niggling things, which is why I put it off, thinking I will get them rectified under the warranty eventually, but have read some people saying in the first 6 months, it is the dealers responsibility.
Must admit I should have got this all mentioned sooner, but life was hectic and busy at the time.
Basically, just seeing where i should go from here, without looking like an idiot and being an "I know my rights" type.
Did you test drive the car? Rough idle when warm.
Air Con not working, think it may actually be the compressor as it makes a horrible noise.
Auto start stop not working.
The clutch also judders and makes a funny sound at 1500rpm (I suspect this will now be wear and tear).
Mainly niggling things, which is why I put it off, thinking I will get them rectified under the warranty eventually, but have read some people saying in the first 6 months, it is the dealers responsibility.
Must admit I should have got this all mentioned sooner, but life was hectic and busy at the time.
Basically, just seeing where i should go from here, without looking like an idiot and being an "I know my rights" type.
Edited by MattsCar on Saturday 5th April 17:09
In any case, I think those kinds of things will be dismissed as "minor" given the age and price you paid for the car, and that you've successfully done 2000 miles in it, and the 5 months time lapse (which although within 6 months, decreases the apparent severity of the faults).
Rough idle - characteristic of the car/relates to test drive.
Air con not working - you have a case here, because 5 months ago it may well have been <10deg C, and a lot of systems won't activate at low temperatures, so not possible to test out.
Auto stop start not working could be due to a poor state of health of the battery, which is a fair wear and tear item
Clutch judder - fair wear and tear/relates to test drive.
By test driving a car and then going ahead and buying it, you are tacitly accepting its driving characteristics (such as rough idle, clutch judder). BUT by not test driving a car, you could end up with a much worse one, so I'd always recommend a test drive then bring up any driving issues you found with the car. If the car drove fine on the test drive then days/weeks later developed the fault, its different.
A successful claim under the CRA2015 on that kind of age/mileage car would be something more serious like a breakdown, or maybe a safety related fault, or something which rendered the car unroadworthy. But then certain items might be called fair wear and tear even then - like a broken spring. Car needs to be durable but not totally fault-free for 6 months.
Test drove the car and understand what you are saying and your reasoning.
Thanks for the advice, the dealer is a bit of a distance away and it would basically be two days of work lost back and forth ,so in all honesty, will just concede defeat and take it on the chin.
Rough idle is most likely a sensor from what I have read and stop start is most likely battery, like you said. Will look in to the Aircon further.
Thanks for the advice, the dealer is a bit of a distance away and it would basically be two days of work lost back and forth ,so in all honesty, will just concede defeat and take it on the chin.
Rough idle is most likely a sensor from what I have read and stop start is most likely battery, like you said. Will look in to the Aircon further.
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