returning car to dealer
returning car to dealer
Author
Discussion

tag89

Original Poster:

6 posts

166 months

Monday 20th August 2012
quotequote all
Evening all!

My girlfriend bought a Mazda 3 2 months ago from a dealer and on Friday the turbo blew. Seen as the repairs would cost a pretty sizable amount and she paid a fairly large amount of money for it from a dealer we want to return it.

Ive had a look at the sale of goods act and it states that if the car is faulty then it can be returned for a full refund within 6 months unless the dealer can prove that it wasn't there when the car was sold.

Does anyone have any experience doing this?

Thanks!

Eliser

1,153 posts

251 months

Monday 20th August 2012
quotequote all
Erm is it new? - if so will be covered by a warranty.

Age, mileage, price - key points if its a secondhand buy - cars wear out

PUA

1,060 posts

183 months

Monday 20th August 2012
quotequote all
no harm in asking the question so go for it! I highly doubt you would get anywhere though, maybe with a lesser timeframe e.g. days rather than months it would have been more of a possibility

kiethton

14,499 posts

204 months

Monday 20th August 2012
quotequote all
IIRC you have to give the dealer a reasonable time to rectify any fault that occurs.

If purchased used, especially if it was a one man trader/smaller independent I am sure they would have hedged this risk with a warranty company who will be looking to fix the car on your behalf.

tag89

Original Poster:

6 posts

166 months

Monday 20th August 2012
quotequote all
it's an 07 Mazda 3, 110k miles. No warranty but that would be on top of any statutory rights and pretty worthless anyway.


Deva Link

26,934 posts

269 months

Monday 20th August 2012
quotequote all
kiethton said:
IIRC you have to give the dealer a reasonable time to rectify any fault that occurs.
Nope.

..but ETA having seen the age and mileage - if push comes to shove the only way to enforce your legal rights is to go to court, and good luck claiming a car with 110K miles shouldn't have faults.

FisiP1

1,279 posts

177 months

Monday 20th August 2012
quotequote all
I'm no expert, so the following is just my best guesses.

If it was new, then they will just replace it under warranty.

If it was used, main dealer should replace it free under warranty if you bought from there. If you bought at an independent dealer you are going to be stuck paying out to get it fixed with almost no hope of returning it for a refund, your only hope is making a claim on any warranty they offer(3 months with a 250 claim limit is standard from most) to see if you can offset the cost.

Dave Hedgehog

15,803 posts

228 months

Monday 20th August 2012
quotequote all
i guess it comes down to where you bought it


LHD

17,002 posts

211 months

Monday 20th August 2012
quotequote all
Jesus H Christ.

She bought a 110k mile car, the turbo has blown up 2 months later and you want a full refund?

I'll guess that the car was cheap in the first place yea?

The SOGA is frequently quoted on here by mongs, you'll have the opportunity for the dealer to fix the problem otherwise you'll need to prove the fault was present at purchase.

Suck it up and let them fix it, or does she not want the car anymore? I detect it may be the latter...

Edited by GlenMH on Tuesday 21st August 09:45

Chrisw666

22,655 posts

223 months

Monday 20th August 2012
quotequote all
A 5 year old car that has done 110k miles develops an issue and you think that the SOGA will be on your side if you just want to hand it back and walk off with all of the money paid?

Why?

Derp

1,347 posts

178 months

Monday 20th August 2012
quotequote all
LHD said:
Jesus H Christ.

She bought a 110k mile car, the turbo has blown up 2 months later and you want a full refund?

I'll guess that the car was cheap in the first place yea?

The SOGA is frequently quoted on here by mongs, you'll have the opportunity for the dealer to fix the problem otherwise you'll need to prove the fault was present at purchase.

Suck it up and let them fix it, or does she not want the car anymore? I detect it may be the latter...
biggrin

I was expecting a rant about a '60 plate Mazda with 8k on the clock.

Edited by GlenMH on Tuesday 21st August 09:45

Papa Hotel

12,760 posts

206 months

Monday 20th August 2012
quotequote all
One hundred and ten thousand miles...?

Maybe you should try and hit them up for some new tyres too. And a clutch! The robbing bds. rolleyes

tag89

Original Poster:

6 posts

166 months

Monday 20th August 2012
quotequote all
A repair would be sufficient. The fact is you buy from a dealer paying top money for the security that buying from a dealer provides. You don't expect to have something as significant and expensive as the turbo break within 2 months of light use and no comeback completely negates dealer security and it may as well be a private sale.

markcjd

1,538 posts

211 months

Monday 20th August 2012
quotequote all
Owned it for 2 1/2 years, it's 5 years old, it's been 1/2 way to the moon, is out of dealer warranty and you want to reject it. Good luck.

Apologies, thought that was 32 months getmecoat

Still can't see a rejection being successful though, contribution to the bill?

LHD

17,002 posts

211 months

Monday 20th August 2012
quotequote all
tag89 said:
A repair would be sufficient. The fact is you buy from a dealer paying top money for the security that buying from a dealer provides. You don't expect to have something as significant and expensive as the turbo break within 2 months of light use and no comeback completely negates dealer security and it may as well be a private sale.
Well ask them to fix it.

A thing called a telephone is a wonderful thing...

Papa Hotel

12,760 posts

206 months

Monday 20th August 2012
quotequote all
Top money? Come off it, a small hatch that's been around the world 4 1/2 times is going to be dirt cheap. Issues must be expected, turbos wear and break.

Chrisw666

22,655 posts

223 months

Monday 20th August 2012
quotequote all
tag89 said:
A repair would be sufficient. The fact is you buy from a dealer paying top money for the security that buying from a dealer provides. You don't expect to have something as significant and expensive as the turbo break within 2 months of light use and no comeback completely negates dealer security and it may as well be a private sale.
Have you spoken with the dealer? Who has inspected the car?

The SOGA is great for near new items but 110k is a long way through a cars life so prior to you buying it the thing has done a lot of work.

Jakg

3,960 posts

192 months

Monday 20th August 2012
quotequote all
tag89 said:
Ive had a look at the sale of goods act and it states that if the car is faulty then it can be returned for a full refund within 6 months unless the dealer can prove that it wasn't there when the car was sold.
No, it doesn't. You can request a remedy, but the seller can refuse your choice if it's disproportionally costly (repair vs refund certainly would be).

The 6 month window just means you don't have to proof it was an inherent fault, the onus is on the dealer to prove otherwise

KungFuPanda

4,588 posts

194 months

Monday 20th August 2012
quotequote all
I reckon your best bet would be to go in there and explain your situation and giving them the opportunity to fix the problem.

Ultimately, if I was in your shoes and given the mileage, I would be happy with them either splitting the cost of the repair with you or perhaps charging you for parts only.

McHaggis

58,101 posts

179 months

Monday 20th August 2012
quotequote all
tag89 said:
A repair would be sufficient. The fact is you buy from a dealer paying top money for the security that buying from a dealer provides. You don't expect to have something as significant and expensive as the turbo break within 2 months of light use and no comeback completely negates dealer security and it may as well be a private sale.
For clarity - a main Mazda dealer sold you a 110k miles car?
(not being funny but most dealers steer clear of >80k cars)

Are we really talking about a main dealer, or a trader with a Mazda sticker?