Advice please

[benjj]

Ok, I'll try and keep this as succinct as possible but I could use some wise PHers to advise me on best course of action...

I bought a used car (Range Rover Td6) in December last year. The car was in pretty good shape but had a few niggles I planned to get done myself or use the after market 2 year warranty I bought extra to sort.

The main issue is the electric movable/telescoping steering wheel wasn't working.

I've got a brillint local Range Rover indi and took it in to him last week. He took off the steering wheel surround and saw that the steering column had broken and had been bodged recently with a plastic cable tie and a load of silicon glue. Pic below (blurred I know, sorry)



So, guess what, the warranty firm won't pay out as it was a 'known fault' and the shoddy interim repair means they don't have to pay out. I've read through their T&Cs and he is right.

So, what is my recourse to the dealer. I bought the car in December 2010 (6 months ago.)

The steering rack is £880 plus two hours labour to fit. It is going to be a £1,100 job all in.

Do I have a right to get the dealer I bought the car from to refund my expenses? They put a new 12 month MOT on it when I bought it and the car was (and still is) a catastrophic MOT failure - I drive my 2 year old in this car and am pretty fvcking pissed off.

I have told my local indi dealer to get on with it so I'll be collecting tomorrow and will have a receipt to show the dealer I bought it from. I will also have the steering rack covered in glue and cable ties to show them, though I'm sure they've seen that already... bds.

Any comments on how I can ensure I get a refund from dealer would be very much appreciated.

[tyranical]

I am assuming that somehow the car drove perfectly normal and it was the owner before you rather than the dealer themselves who did that bodge.

If you couldn't tell in the 6 months of driving it then how was the dealer meant to know, not something you look for on an MOT iirc.

[benjj]

Sorry, yes you're quite right, forgot to mention that the car was the dealer's own car, selling through his dealership.

It is 100% down to him...

[Fish981]

If the fault was only visible (and had no physical symptoms), with the steering surround removed then it would never fail an MOT.

[benjj]

Ok, forget the MOT point, he has bodged his own car, sold it to me and now the bodge has been uncovered and is an important one. Do i ave a leg to stand on!?

[Gargamel]

The critical thing here, is did you give the supplying dealer an opportunity to fix the fault.

I get that you tried the warrenty firm and no go on repairs, fine.

But did you ask the dealer?

You can't take it in for repairs elsewhere and then go to court for the bill.

[benjj]

Gargamel said:

The critical thing here, is did you give the supplying dealer an opportunity to fix the fault.

I get that you tried the warrenty firm and no go on repairs, fine.

But did you ask the dealer?

You can't take it in for repairs elsewhere and then go to court for the bill.

I hoped someone wouldn't say that!

The car is now 40 miles away from the dealer without a steering column. Couldn't get it there unless on a truck or they collect...

[Arthur Daley]

If you buy a packet of digestives from Sainsbury's and they taste like sh!te you don't go to Asda to complain, buy another packet and expect Sainsbury's to refund you....

There is no chance whatsoever of the supplying dealer paying another independant garage to do the work.

[benjj]

Arthur, yes, i get that they won't be chuffed about it but what i am essentially asking is whether they would have to if i forced the issue through the appropriate channels.

As i see it the facts are:

Dealer sells a car with a known and dangerous defect

Defect is noticed and car is immobile miles from dealer

Defect put right, compensation requested

I will, if there is a case to answer, take them to court (small claims) if they don't go at least some way to addressing it.

[edo]

You wont know till you ask.

Call the supplying dealer, keep it polite, explain the situation, and ask if he is prepared to help sort it.

[Arthur Daley]

You need to be able to prove that the dealer was aware of the fault before he/she sold it to you.

If it came with a fresh MOT then I think this would be sufficient evidence.
Otherwise the dealer could have potentially bought it in like this and then sold it on none the wiser...

[benjj]

I will, thanks.

He was a good lad, despite bodging the hell out of the car.

The thing that is making me seethe is that i still dont have the V5 after 6 months. The car has a private reg on it (his) and he has been faffing over it. I have actually incurred a cost having to retain my own private reg while i wait.

[benjj]

Arthur, the car belonged to the owner of the dealership. His own personal car for 4 years...

[Slaav]

Although difficult, remain polite - but firm. That is where most go wrong in the first place.

You MUST give the dealer a chance to take back the car or repair it or you will be very much on the back foot at Court.

I would also suggest that if you explain it all to the original dealer in nice firm terms, then you can cause them all sorts of pain through Trading Standards and all sorts of fora etc... I am sure that they wont want this to go ballistic and you may even get your choice of loaner out of them whilst car being repaired to show room condition.

Or give them back the car as it was sold whilst not fit for purpose....

HTH?


Where is the mail loving Soovy when you need him eh?

[benjj]

Slaav, thanks. Only problem is that the car is now immobile miles away from the dealer.

Also, and i've just run this by a friend/lawyer, the difference here is that it is not a worn component, it is deliberate cover up by the dealer. Legally it sounds like the very least i could expect (should i take the dealer to court) is for them to pay for the work plus all incidental costs (car hire, time, phone bills, the list from the lawyer goes on) plus my legal costs as well as his own.

Now id be prepared to forget all about it if he gave me a cheque for the £1100 and we all walk away. I will politely give him the chance to do so but that is about the best he could hope to get away with and the minimum i would expect.

Still, guess courts are far from definite things...

[VeeFour]

Arthur Daley said:

You need to be able to prove that the dealer was aware of the fault before he/she sold it to you.

Depending on when exactly the car was bought and when the fault was noticed, this may not be the case.

If it's within 6 months, it's up to the suppling dealer to prove it wasn't there when he sold it.

It's only after 6 months has ticked over that it becomes the responsibility of the consumer to prove the fault was present at purchase.

[benjj]

Fvck a duck, that was June 2nd!