Car overheated 2 weeks after purchase
Discussion
Long time lurker (many years) but first time posting. Doesn't seem like I can post in the legal section yet where this should be so hopefully people will see it here and offer advice.
Part-ex'd my freelander into a dealer 2 weeks ago and purchased a Shogun Sport 54 plate 2.5td, with gold warranty limited to £500, for £4000.
Had full service done at a local garage friday, and some other work (bearings, brakes, cost £380 total with full service) and they noted about cooling system contaminated with oil. They advised either oil cooler or head gasket. Used car today, fine in morning but massively overheated on way home, stopped as soon as I could but it shot past red (had blowers on).
Car is at home as happened pretty close.
Called local garage, they think it will cost at least 1k to fix. Called dealer, they want the car back to inspect - trouble is they are in Cardiff (I'm in Swansea) so I'm trying to get it transported to them somehow.
So...what are my rights? I know from reading on here I have to give them opportunity to fix it, but is the £500 limit on the warranty an issue? Where would I stand asking for money back? Should they foot the whole bill? Particularly as I part ex'd a vehicle. Help!!!
Part-ex'd my freelander into a dealer 2 weeks ago and purchased a Shogun Sport 54 plate 2.5td, with gold warranty limited to £500, for £4000.
Had full service done at a local garage friday, and some other work (bearings, brakes, cost £380 total with full service) and they noted about cooling system contaminated with oil. They advised either oil cooler or head gasket. Used car today, fine in morning but massively overheated on way home, stopped as soon as I could but it shot past red (had blowers on).
Car is at home as happened pretty close.
Called local garage, they think it will cost at least 1k to fix. Called dealer, they want the car back to inspect - trouble is they are in Cardiff (I'm in Swansea) so I'm trying to get it transported to them somehow.
So...what are my rights? I know from reading on here I have to give them opportunity to fix it, but is the £500 limit on the warranty an issue? Where would I stand asking for money back? Should they foot the whole bill? Particularly as I part ex'd a vehicle. Help!!!
I would say the fault was apparent at time of the sale, therefore warranty should not be used and the dealer should fix it.
Was the car given a discount because of this fault? I have to admit I wouldn't purchase a car with the oily water it is a minefield to sort out properly as even fixing it can sometimes not solve the issue.
Was the car given a discount because of this fault? I have to admit I wouldn't purchase a car with the oily water it is a minefield to sort out properly as even fixing it can sometimes not solve the issue.
Crafty_ said:
Part ex is irrelevant.
To get a refund you'd be relying on the dealer's goodwill or the sales of good act.
Assuming the warranty doesn't have exceptions for whatever is wrong ( e.g. head gasket) it should pay out.
SOGA gives them reasonable chance to fix it. Going in there asking for a full refund is not likely to get very far. To get a refund you'd be relying on the dealer's goodwill or the sales of good act.
Assuming the warranty doesn't have exceptions for whatever is wrong ( e.g. head gasket) it should pay out.
Car is being transported on Friday back to the dealer. I've advised them in writing I don't want it repaired under warranty due to £500 limit and mentioned SOGA and that I wanted car fully repaired at their cost. So we'll see what they say - they've been helpful so far. I guess they can use the warranty to reduce cost to them.
Fingers crossed, its a nice motor but I'm worried about them using a 'friendly' garage and botching a repair but what else can I do. I'm also wondering if they'll fight and try and make me pay, in which case I'd value opinion of some learned PH'ers on options.
Wonder if I can get this moved to the Speed/Plod/Law section...
Fingers crossed, its a nice motor but I'm worried about them using a 'friendly' garage and botching a repair but what else can I do. I'm also wondering if they'll fight and try and make me pay, in which case I'd value opinion of some learned PH'ers on options.
Wonder if I can get this moved to the Speed/Plod/Law section...
The irony.
The selling garage have to be given the opportunity to rectify the issue. Why do you believe that they will bodge it? you obviously trusted them enough to part with your money so have some faith in your decision.
I bought a freelander that overheated from Dormansland Garage. The car went back after a few weeks and they did an amazing job on it. Replaced every part and the car then ran fine for 4 years. Some garages have a good reputation, you only get to find out when something goes wrong.
So either do the 40 mile journey in stages over night so the car doesn't warm up properly, top up and drive it, or get it recovered to the seller. They may even offer to collect if you are nice.
(But why you have a service done I don't understand why didn't you get the seller to service it prior to sale)
The selling garage have to be given the opportunity to rectify the issue. Why do you believe that they will bodge it? you obviously trusted them enough to part with your money so have some faith in your decision.
I bought a freelander that overheated from Dormansland Garage. The car went back after a few weeks and they did an amazing job on it. Replaced every part and the car then ran fine for 4 years. Some garages have a good reputation, you only get to find out when something goes wrong.
So either do the 40 mile journey in stages over night so the car doesn't warm up properly, top up and drive it, or get it recovered to the seller. They may even offer to collect if you are nice.
(But why you have a service done I don't understand why didn't you get the seller to service it prior to sale)
Well I'm hoping the repair will be totally fine - it may well be. I'm concerned because my local garage insinuated the dealer would have known about the oil issue, so I'm not sure how trustworthy they are.
But it may be totally fine and they may not kick up any fuss, and the garage may be awesome - I'm merely stating my concerns and looking for advice should my fears be realised so I am prepared for any conversations. I should have been more aware when buying the car, so I'm being more aware now getting it repaired...
I knew it needed a service and factored that into price I payed and was happy to get it done more local rather than delay purchase - plus it seemed like a good idea to have car checked over. I didn't factor in HG failure...
Edit...mileage is 83k.
Edit 2...the car overheated extremely rapidly over very short distance, I wondered if a blockage but lots of oil in expansion chamber so I'm guessing major HG failure - but I'm not knowledgeable about these things at all
Car can't be driven any distance and garage wouldn't help with transport and my AA didn't cover it. But I have a mate with a trailer who will deliver it for me.
But it may be totally fine and they may not kick up any fuss, and the garage may be awesome - I'm merely stating my concerns and looking for advice should my fears be realised so I am prepared for any conversations. I should have been more aware when buying the car, so I'm being more aware now getting it repaired...
I knew it needed a service and factored that into price I payed and was happy to get it done more local rather than delay purchase - plus it seemed like a good idea to have car checked over. I didn't factor in HG failure...
Edit...mileage is 83k.
Edit 2...the car overheated extremely rapidly over very short distance, I wondered if a blockage but lots of oil in expansion chamber so I'm guessing major HG failure - but I'm not knowledgeable about these things at all
Car can't be driven any distance and garage wouldn't help with transport and my AA didn't cover it. But I have a mate with a trailer who will deliver it for me. Edited by ozzuk on Tuesday 3rd September 10:01
The Spruce goose said:
I would say the fault was apparent at time of the sale, therefore warranty should not be used and the dealer should fix it.
Was the car given a discount because of this fault? I have to admit I wouldn't purchase a car with the oily water it is a minefield to sort out properly as even fixing it can sometimes not solve the issue.
Used to see the used car salesmen in the dealership I worked for abuse warranties - part ex in, wash it, do a vehicle check noting issues but only do items necessary to make the car presentable. Items such as HGF, gearbox faults etc would end up being claimed on warranty to save the salesman getting hit on their profit. Was the car given a discount because of this fault? I have to admit I wouldn't purchase a car with the oily water it is a minefield to sort out properly as even fixing it can sometimes not solve the issue.
Actually that may be very unfair on the garage, but you can see where my concern comes from if they are footing the bill they'll want it done as cheaply as possible. They deal with high turnover lower value cars, small margins, sometimes trade to trade (discussion after I bought car). I'm also gutted my new car is broken already so maybe not thinking that charitably.
Anyway, park that thought - just advice on making sure I don't end up having to pay would be good. I *think* I'm covered under SOGA, I'd prefer car repaired and happy to give them chance to fix.
Appreciate all advice!
Anyway, park that thought - just advice on making sure I don't end up having to pay would be good. I *think* I'm covered under SOGA, I'd prefer car repaired and happy to give them chance to fix.
Appreciate all advice!
You've had the advice you need. Let them try to fix it, and if they do then you're sorted, and if they don't then you take it further. There are plenty of threads about exactly this (at least one per day at the moment).
If you're really worried, once they've fixed it, take it somewhere else and get it checked.
If you're really worried, once they've fixed it, take it somewhere else and get it checked.
With these feet said:
Used to see the used car salesmen in the dealership I worked for abuse warranties - part ex in, wash it, do a vehicle check noting issues but only do items necessary to make the car presentable. Items such as HGF, gearbox faults etc would end up being claimed on warranty to save the salesman getting hit on their profit.
Very unusual, nearly all bought in warranties have a 30 day period before they start where it is down to the dealership so they can't do this.Well my faith in humanity is restored a little, the garage has put it in writing (email) that they will cover all costs to rectify oil contamination issues and have given me details of garage handling work.
Sounds good so far and maybe I was a little over zealous with them but we'll see and I will get car checked out afterwards.
Thank you everyone for help in getting things clearer in my head, appreciated all comments.
Sounds good so far and maybe I was a little over zealous with them but we'll see and I will get car checked out afterwards.
Thank you everyone for help in getting things clearer in my head, appreciated all comments.
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