Second hand car exhaust issue
Discussion
Hi, I was looking for some advice, the gf and I are trying to help her cousin after the exhaust on their car failed 2 days after buying it from a local dealer.
The cousins wife died suddenly on boxing day so obviously he has other things to deal with at this time, hence us trying to help him.
I'll try and keep it brief...
Cousins bought the car, a 61 plate citreon C3 with 34k miles on 21st December.
Exhaust failed on 23rd December (presumed a hole or a break its became really loud and raspy).
Unfortunately the garage is closed from 24th December until 4th January, we said we would pop in on Saturday on his behalf and see what could be done.
I Was just wondering what rights he has in regards to getting this fixed, would it be down to the dealers goodwill or is he within his rights to have it fixed.
The car was MOT'd on the date of pick up, dealers website says all cars sold have a 12 month parts and labour warranty.
Thanks for any advise.
The cousins wife died suddenly on boxing day so obviously he has other things to deal with at this time, hence us trying to help him.
I'll try and keep it brief...
Cousins bought the car, a 61 plate citreon C3 with 34k miles on 21st December.
Exhaust failed on 23rd December (presumed a hole or a break its became really loud and raspy).
Unfortunately the garage is closed from 24th December until 4th January, we said we would pop in on Saturday on his behalf and see what could be done.
I Was just wondering what rights he has in regards to getting this fixed, would it be down to the dealers goodwill or is he within his rights to have it fixed.
The car was MOT'd on the date of pick up, dealers website says all cars sold have a 12 month parts and labour warranty.
Thanks for any advise.
RazerSauber said:
You're 2 days out of their warranty so they're not obliged to do anything I'm afraid. All you can do is ask if they'd look at it as a gesture of good will or for any contribution but I wouldn't hold out hope.
Sorry for your loss.
Thanks for your reply, sorry I should have said that it was only last week it was bought so they only had the car 2 days before it failed.Sorry for your loss.
I presume it is only certain parts that are covered by a warranty, just hope they don't turn round and say its wear and tear, so was just wanting to have a bit of knowledge before I speak to the dealer.
RazerSauber said:
You're 2 days out of their warranty so they're not obliged to do anything I'm afraid. All you can do is ask if they'd look at it as a gesture of good will or for any contribution but I wouldn't hold out hope.
Sorry for your loss.
The car was bought on the 21st Dec.Sorry for your loss.
2 days later the exhaust issue occurred.
The car came with a 12 months parts & labour warranty.
Why do you think the car is 2 days out of warranty?
Raverbaby said:
babelfish said:
What's the question again?
What rights does he have in relation to getting the exhaust fixed, irrespective of any implied "warranty".Or post all paperwork here so all the "internet lawyers" can post their opinions
Edited by babelfish on Sunday 29th December 02:18
I'll try to help.
It maybe possible the dealer will sort it out as you've only had the car a very short amount of time. If customer satisfaction is his aim, it shouldn't be a problem. If he wanted to be hard nosed about it, then yeah he could say it's wear and tear as most exhausts from manufacturers who aren't premium, are an expendable item. I think it's because exhaust gases are acidic. Stainless steel exhausts usually come with a lifetime guarantee though.
It maybe possible the dealer will sort it out as you've only had the car a very short amount of time. If customer satisfaction is his aim, it shouldn't be a problem. If he wanted to be hard nosed about it, then yeah he could say it's wear and tear as most exhausts from manufacturers who aren't premium, are an expendable item. I think it's because exhaust gases are acidic. Stainless steel exhausts usually come with a lifetime guarantee though.
I know this is controversial, but in such a terrible position that the cousin is in, I would just get it sorted for him now. The poor bugger has enough to worry about, I’d run it down to quick fit and get sorted.
An argument about a possible consumable is not appropriate now - I’m sorry for the loss
An argument about a possible consumable is not appropriate now - I’m sorry for the loss
whatmoretyres said:
I know this is controversial, but in such a terrible position that the cousin is in, I would just get it sorted for him now. The poor bugger has enough to worry about, I’d run it down to quick fit and get sorted.
An argument about a possible consumable is not appropriate now - I’m sorry for the loss
I'm with you on this one. Get the car working again rather than wait a week for such a small sum.An argument about a possible consumable is not appropriate now - I’m sorry for the loss
whatmoretyres said:
I know this is controversial, but in such a terrible position that the cousin is in, I would just get it sorted for him now. The poor bugger has enough to worry about, I’d run it down to quick fit and get sorted.
An argument about a possible consumable is not appropriate now - I’m sorry for the loss
Thanks, he has his own car to get about, the new car was for his wife so unfortunately it's just sitting there just now. An argument about a possible consumable is not appropriate now - I’m sorry for the loss
Sadly it's probably no longer required.
We'll see what the dealer can do on Saturday.
If we get turned away then we'll put it in to get fixed elsewhere.
Thesprucegoose said:
Go on then when not suggest what is right.
P.S we are talking about an exhaust that would fail due to wear and tear.
Exactly - it's a wear and tear item.P.S we are talking about an exhaust that would fail due to wear and tear.
Further, it's assumed that any fault within 6 months existed at the time of sale - unless the seller can prove otherwise. The seller can prove that because the car passed its MOT and the buyer said it started to blow 2 days later.
CRA 2015 does not require you to give the seller a chance to repair. But that point is moot in this case.
Having said all that, one would expect any decent garage to sort this out, so talk of "rights" is a bit premature.
How does the CRA deal with wear and tear items? Does it mention them specifically? Ir does it just deal with the fitness for purpose (function, safety, longevity) of the item- the car as a whole?
My expectation that a fault that occurs within two days of purchase would #need to be fixed by the garage.
My hope would be that the garage easily concurred and fixed it.
Bert
My expectation that a fault that occurs within two days of purchase would #need to be fixed by the garage.
My hope would be that the garage easily concurred and fixed it.
Bert
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff