Advice wanted please.
Discussion
Hi,
I purchased a van from a fleet hire company, a van that had been leased out but was now at the end of it's lease period, and became available for sale.
When I agreed to purchase it, I asked the salesman about a warranty, and he told me that a 12 month warranty was available at a cost of £200, but said "you won't need it.
I paid the deposit and arranged to collect the vehicle and pay the balance a few days later by which time it would be fully serviced and would have a full 12 months mot.
Before I did that however, I checked the advert on ebay (of which I have print outs), in that advert it states that " Unlike a normal dealer, we have serviced and maintained these vehicles throughout their time with us and believe that this provides a much better example of used vehicle with genuine mileage and history. All vehicles are supplied with a service and 12 months MOT plus a comprehensive warranty for 12 months".
Upon my return to the dealer, I pointed this out to the salesman, who seemed surprised,and said he would need to speak to his boss. I said fine and completed the sale.
I have not had the opportunity to visit the premises since and have received no contact from the company.
Apart from that written commitment,I am under the impression that any motor dealer is legally obliged to give a warranty of at least 30 days.
I purchased the vehicle on the 21st of July 2014, therefore that warranty is in force until the 20th August 2014.
Yesterday the 16th August upon my return from Scotland to the North East, the vehicle started making an horredous clanking and banging noise from the engine. Obviously I was not going to continue driving it,so called my breakdown company, who when they arrived, seemed to think it may be an injection problem or possibly the timing chain (although to be honest he seemed a bit vague).
I got him to trailer me home and will be visiting the selling garage tomorrow.
I would be grateful for any advice or comments from other members, as to my rights regarding the warranty.
Thanks
Pete
I purchased a van from a fleet hire company, a van that had been leased out but was now at the end of it's lease period, and became available for sale.
When I agreed to purchase it, I asked the salesman about a warranty, and he told me that a 12 month warranty was available at a cost of £200, but said "you won't need it.
I paid the deposit and arranged to collect the vehicle and pay the balance a few days later by which time it would be fully serviced and would have a full 12 months mot.
Before I did that however, I checked the advert on ebay (of which I have print outs), in that advert it states that " Unlike a normal dealer, we have serviced and maintained these vehicles throughout their time with us and believe that this provides a much better example of used vehicle with genuine mileage and history. All vehicles are supplied with a service and 12 months MOT plus a comprehensive warranty for 12 months".
Upon my return to the dealer, I pointed this out to the salesman, who seemed surprised,and said he would need to speak to his boss. I said fine and completed the sale.
I have not had the opportunity to visit the premises since and have received no contact from the company.
Apart from that written commitment,I am under the impression that any motor dealer is legally obliged to give a warranty of at least 30 days.
I purchased the vehicle on the 21st of July 2014, therefore that warranty is in force until the 20th August 2014.
Yesterday the 16th August upon my return from Scotland to the North East, the vehicle started making an horredous clanking and banging noise from the engine. Obviously I was not going to continue driving it,so called my breakdown company, who when they arrived, seemed to think it may be an injection problem or possibly the timing chain (although to be honest he seemed a bit vague).
I got him to trailer me home and will be visiting the selling garage tomorrow.
I would be grateful for any advice or comments from other members, as to my rights regarding the warranty.
Thanks
Pete
A warranty is seperate to your rights under the sale of goods act. I don't think that there's any rule about giving a warranty, but that doesn't take away your rights for the vehicle to be as described and of merchanteable quality.
Generally speaking, if a defect occurs within six months of purchase, it would be up to the Dealer to prove that the fault wasn't present at purchase.
All of the above would depend on price paid, age, mileage etc.
Tim
Generally speaking, if a defect occurs within six months of purchase, it would be up to the Dealer to prove that the fault wasn't present at purchase.
All of the above would depend on price paid, age, mileage etc.
Tim
holliesdad said:
I am under the impression that any motor dealer is legally obliged to give a warranty of at least 30 days.
Your impression is wrong.No dealer has to provide any warranty, that does not mean you do not have some protection under certain consumer rights.
Mileage, age, price paid etc all have an effect on the limitations and expectations of these rights.
You shouldn't ever take a vehicle unless you're completely happy with everything, including any promises of warranties etc.
I assume that you haven't yet called the supplying garage about this issue? That should be your first call, don't go shouting about your 'rights' or what someone else has diagnosed the issue as.
Call them, Explain the problem, get the van recovered and allow them to sort it.
holliesdad said:
I said fine and completed the sale.
With or without a warranty included?holliesdad said:
I am under the impression that any motor dealer is legally obliged to give a warranty of at least 30 days.
You are under a misimpression.holliesdad said:
Yesterday the 16th August upon my return from Scotland to the North East, the vehicle started making an horredous clanking and banging noise from the engine. Obviously I was not going to continue driving it,so called my breakdown company, who when they arrived, seemed to think it may be an injection problem or possibly the timing chain (although to be honest he seemed a bit vague).
I got him to trailer me home and will be visiting the selling garage tomorrow.
I would be grateful for any advice or comments from other members, as to my rights regarding the warranty.
Warranty depends on whether the deal you completed included one or not - it sounds like not.I got him to trailer me home and will be visiting the selling garage tomorrow.
I would be grateful for any advice or comments from other members, as to my rights regarding the warranty.
But SOGA applies, as always. They have the right to repair, replace like-for-like or refund. You cannot force them to do any one of those. But you SHOULD expect some redress.
Although, having said that, I've just seen the mileage... SOGA expectations for a 7yo/150k mile van will include an expectation of some mechanical problems and issues due to wear and tear. Any warranty would also exclude wear and tear. If you don't like that, don't buy a 7yo/150k mile van, buy a new one...
Edited by TooMany2cvs on Sunday 17th August 15:46
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