Dealer sold car with known fault

[Pvapour]

bought a car 7 days ago which appears now had an AC problem that only shows from start up so didn't show up at test drive as car had been running, plus it was a cold day.

anyway, looking back through service records, the last service record 2 months ago shows that a new ac compressor was needed after some symptoms were flagged by previous owner, no new compressor was fitted, the original is still on the car.

dealer wants to put it through warranty but obviously warranty company don't want to know because the fault already existed when the dealer sold the car and dealer is being difficult now because of this as its going to have to come from his pocket.

question is, is it best that i now put everything in writing and send via recorded post? not sure of the process really..

[Joeguard1990]

Known fault at time of sale is down to the dealer to sort, not warranty.

Hard part will be proving it existed at point of sale.

Either way i'd be making all contact through dealer. IF they want to go through the warranty on their end then let them, as long as it's sorted.

[daemon]

Joeguard1990 said:

Known fault at time of sale is down to the dealer to sort, not warranty.

Hard part will be proving it existed at point of sale.

Either way i'd be making all contact through dealer. IF they want to go through the warranty on their end then let them, as long as it's sorted.

Its hardly difficult to prove if its stamped in the service book from two months ago as faulty?

Also, its not up to the buyer to prove the fault was present at the time of sale, the onus is on the trader to prove it WASNT present at the time of sale.

[xjay1337]

daemon said:

Its hardly difficult to prove if its stamped in the service book from two months ago as faulty?

Also, its not up to the buyer to prove the fault was present at the time of sale, the onus is on the trader to prove it WASNT present at the time of sale.

I would agree with that.

[daemon]

xjay1337 said:

daemon said:

Its hardly difficult to prove if its stamped in the service book from two months ago as faulty?

Also, its not up to the buyer to prove the fault was present at the time of sale, the onus is on the trader to prove it WASNT present at the time of sale.

I would agree with that.

Its a no brainer. Its the traders problem to sort. The fault would be deemed present at the time of sale irrespective, and the O/P has proof the fault existed before he bought the car.

The trader is miffed because they've a big bill looming now. They were probably hoping the O/P wouldnt notice until enough time had passed for the warranty company to have to cough up

[Pica-Pica]

Joeguard1990 said:

Known fault at time of sale is down to the dealer to sort, not warranty.

Hard part will be proving it existed at point of sale.

Either way i'd be making all contact through dealer. IF they want to go through the warranty on their end then let them, as long as it's sorted.

Difficult. My E36 system went after 10 years. BMW quoted £1700 for all major components to be replaced (that was 10 years ago). I just ran it without A/C and eventually a new cooler was fitted. That did not really solve it, so I just had an A/C refrigerant top up which would last about 4 weeks. I managed to live with that for several years until I sold it. worst time was the de-humidification in misty/damp weather. I am not saying you should live with it, far from it, but that will be the outcome. That is another item to put on everybody's check list, air con check, but it is not just cooling, but drying as well. I hope you get a solution, air con is a must nowadays (2 zone independent, automatic, preferably)

[anonymous-user]

daemon said:

Joeguard1990 said:

Known fault at time of sale is down to the dealer to sort, not warranty.

Hard part will be proving it existed at point of sale.

Either way i'd be making all contact through dealer. IF they want to go through the warranty on their end then let them, as long as it's sorted.

Its hardly difficult to prove if its stamped in the service book from two months ago as faulty?

Also, its not up to the buyer to prove the fault was present at the time of sale, the onus is on the trader to prove it WASNT present at the time of sale.

Daemon is a trader so solid advice from him as always, get down there with the car OP and get it sorted!

[Danxr46]

https://www.google.co.uk/amp/s/www.moneyadviceserv...

Have a look at this. I had a issue two days after bought mine however it wasn't noticeable on a hot day. I stated that I'm within my right, as it states in link above to return especially after two days I only stated this as I was angry but they said run it through the warranty and they paid extra of £180 it was required. Seen as the warranty company you were given are disputing it all then I would then tell the dealer to be in touch with the warranty company as they can fight their own corner as to why. It will be sorted just kee evidence and then if necessary take it further.

[Pvapour]

thanks gents, link is good info to

my main issue is being down in france for the next few weeks, picked up and drove straight down...

I've actually said to him that if he sends me the parts then I'll arrange to get them fitted at my cost which i think is more than reasonable as it'll cost him less and also be allot easier for me, I would understand him wanting it back in uk if it was a third party warranty repair, but its not, its a repair for which his company is responsible so would actually cost him more if I returned it to uk for him to do as he'd have to pay labour as well

tbh if he tries to be bloody awkward & make me drive back to uk then i might return the favour & go the 'reject' route for a full refund, i like the car but not happy putting money in his pocket when he's being bloody minded.

[Pvapour]

With rejecting a car, does it matter thatmy contact address if international? Or shoudl i use my uk address? Address on invoice was international.

[confused_buyer]

Depends really on value and age of car.

To be deemed a fault has to be something a reasonable person would not expect to need fixing. If it's 2 years old most would expect working Aircon, if it's 10 most would perhaps expect it to be broken and a bonus if not.

If the former rather than the latter then the seller should sort it and it is up to them how they do that.

As regards rejection I'm not sure you're over the hurdle as the car is basically fit for purpose unless it is very new.

[confused_buyer]

Pvapour said:

thanks gents, link is good info to

my main issue is being down in france for the next few weeks, picked up and drove straight down...

I've actually said to him that if he sends me the parts then I'll arrange to get them fitted at my cost which i think is more than reasonable as it'll cost him less and also be allot easier for me, I would understand him wanting it back in uk if it was a third party warranty repair, but its not, its a repair for which his company is responsible so would actually cost him more if I returned it to uk for him to do as he'd have to pay labour as well

tbh if he tries to be bloody awkward & make me drive back to uk then i might return the favour & go the 'reject' route for a full refund, i like the car but not happy putting money in his pocket when he's being bloody minded.

Dealer is quite entitled to ask you to return the car for it to be fixed. If you buy a TV from Curry's you don't take it to Amazon if it goes wrong.

Even if you argue otherwise you're claiming under UK law so the dealer can certainly insist the car is in the UK if you intend to claim under consumer rights legislation.

[Pvapour]

confused_buyer said:

Pvapour said:

thanks gents, link is good info to

my main issue is being down in france for the next few weeks, picked up and drove straight down...

I've actually said to him that if he sends me the parts then I'll arrange to get them fitted at my cost which i think is more than reasonable as it'll cost him less and also be allot easier for me, I would understand him wanting it back in uk if it was a third party warranty repair, but its not, its a repair for which his company is responsible so would actually cost him more if I returned it to uk for him to do as he'd have to pay labour as well

tbh if he tries to be bloody awkward & make me drive back to uk then i might return the favour & go the 'reject' route for a full refund, i like the car but not happy putting money in his pocket when he's being bloody minded.

Dealer is quite entitled to ask you to return the car for it to be fixed. If you buy a TV from Curry's you don't take it to Amazon if it goes wrong.

Even if you argue otherwise you're claiming under UK law so the dealer can certainly insist the car is in the UK if you intend to claim under consumer rights legislation.

trouble is there is bad blood between us now and I don't really trust them, am I entitled to get the repairs done elsewhere and claim back from dealer?

[Sheepshanks]

Pvapour said:

... am I entitled to get the repairs done elsewhere and claim back from dealer?

Possibly. Depends if the sales contract says the car has to returned to the dealer for repairs.

[daemon]

Pvapour said:

am I entitled to get the repairs done elsewhere and claim back from dealer?

You dont have that entitlement. You would have to get prior agreement.

[Pvapour]

Ok, thanks, I'll look at contract.

Bit confused as online info suggests you can get work done elsewhere and claim back, I'll look at details.

[Sheepshanks]

Pvapour said:

Bit confused as online info suggests you can get work done elsewhere and claim back, I'll look at details.

There was a reported case (IIRC involving a LandRover transmission, so it was a chunky amount) where a customer got repairs done elsewhere, the selling garage wouldn't pay, so he sued them and won. Garages were warned by their trade press to tighten up their sales contracts.

[Pvapour]

Sod all on my receipt, very brief, guessing maybe the t&cs are on th etop copy, i will ask for them.