Potential issue with car trader/dealer - advice welcomed
Discussion
If there really was a warranty he'd normally have written out the proposal/ warranty book and given you the customer copy and sent off the slip to the warranty co.
Anyway this is a red herring the warranty company would not cover for him selling a car with a worn / knackered engine he is responsible for what happens next he should sort it or refund, the 3rd party warranty is irrelevant in this car of selling a car with a duff engine ( makes no difference whether the trader knew or not it's his realisability as the expert to sell it with a working engine. He will be well aware of all this without doubt!
Anyway this is a red herring the warranty company would not cover for him selling a car with a worn / knackered engine he is responsible for what happens next he should sort it or refund, the 3rd party warranty is irrelevant in this car of selling a car with a duff engine ( makes no difference whether the trader knew or not it's his realisability as the expert to sell it with a working engine. He will be well aware of all this without doubt!
Edited by rallycross on Friday 29th April 16:12
hornetrider said:
The warranty co will rightly say go forth etc. This fault is the dealer's responsibility.
Agreed. I've found pictures on Facebook of his missus using the car a couple of weeks before we bought it. My guess is it was her car & it threw up this fault so he's flogged it quick.RobinOakapple said:
You are not going to get any money or a refund from this guy just by asking for it, no matter what legal right to either you may have. Start thinking in those terms when you consider your next step.
So what do you recommend?I'm all for going round & kicking off (or kicking his windows in), however that would get me nowhere (apart from a night in a cell worst case
).northwest monkey said:
RobinOakapple said:
You are not going to get any money or a refund from this guy just by asking for it, no matter what legal right to either you may have. Start thinking in those terms when you consider your next step.
So what do you recommend?I'm all for going round & kicking off (or kicking his windows in), however that would get me nowhere (apart from a night in a cell worst case
).northwest monkey said:
Monkeylegend said:
Have you actually seen a copy of the warranty he says the car has. You might need it if something else goes wrong. If you go the legal route and he has mis-sold you the car on the basis of a non-existent warranty it might help you.
No, I haven't seen it - he was supposed to be getting the warranty registered & I'd get something in the post but I've had nothing. The car was advertised (and I've got a copy of the Autotrader advert) as having 12 months warranty.northwest monkey said:
Monkeylegend said:
Have you actually seen a copy of the warranty he says the car has. You might need it if something else goes wrong. If you go the legal route and he has mis-sold you the car on the basis of a non-existent warranty it might help you.
No, I haven't seen it - he was supposed to be getting the warranty registered & I'd get something in the post but I've had nothing. The car was advertised (and I've got a copy of the Autotrader advert) as having 12 months warranty.Demand a copy dated the day of sale.If he can't come up with one that's got to be miss selling/trade descriptions or whatever.
Trading as a Ltd in his partner's name sounds dead dodgy.Why not bypass him and send a strong "legally worded" letter to her? its "HER?" company.
hornetrider said:
Insist on handing it back for a refund.
He's said it's nothing to do with him & the warranty wont pay for it & "he hopes I understand his position".I'm pretty sure that's him telling me to FRO so the chances of me just taking it back for a refund seem a bit slim sadly.
Old Merc said:
northwest monkey said:
Monkeylegend said:
Have you actually seen a copy of the warranty he says the car has. You might need it if something else goes wrong. If you go the legal route and he has mis-sold you the car on the basis of a non-existent warranty it might help you.
No, I haven't seen it - he was supposed to be getting the warranty registered & I'd get something in the post but I've had nothing. The car was advertised (and I've got a copy of the Autotrader advert) as having 12 months warranty.Demand a copy dated the day of sale.If he can't come up with one that's got to be miss selling/trade descriptions or whatever.
Trading as a Ltd in his partner's name sounds dead dodgy.Why not bypass him and send a strong "legally worded" letter to her? its "HER?" company.
That was our thoughts as well.
I've asked several times for the warranty details but he won't give them to me...
northwest monkey said:
Magic - cheers.
That was our thoughts as well.
I've asked several times for the warranty details but he won't give them to me...
OP - I've explained the process earlier in your thread, as you've not got anywhere with the amicable step, you now need to send him correspondence in writing (or to the director perhaps), then send a final letter before action if you get no response.That was our thoughts as well.
I've asked several times for the warranty details but he won't give them to me...
If both steps fail, lodge a case with the court and sue him for the repair cost.
IF you win at court (that is definitely an "if" and not a "when") then you may get some money, or you may need to pay bailiffs to get it.
He may then just wind his company up and you'll be left with nothing but additional expense to cover the court and bailiffs fees.
I've been through this and it's what happened to me (albeit not with a car)
I wish I could sugar coat it some more, but I'm afraid this is a prime example of why all the crap that gets spouted on here about "you're protected when you buy from a trader" is a load of b
ks.Good luck!
northwest monkey said:
He's said it's nothing to do with him & the warranty wont pay for it & "he hopes I understand his position".
I'm pretty sure that's him telling me to FRO so the chances of me just taking it back for a refund seem a bit slim sadly.
If he is saying it is nothing to do with him, tell him you will speak to the warranty company direct if he gives you the details. He should have no issue with this if it is legit, if not you have a basis for taking it further.I'm pretty sure that's him telling me to FRO so the chances of me just taking it back for a refund seem a bit slim sadly.
NWmonkey - it's almost as if your following in my footsteps (see my earlier post and link)
The warranty, existing or not, is neither here nor there. The dealer can't hide behind the warranty and abdicate his responsibilities to you. At best and if the warranty co accepted the repair, it will simply mitigate the costs of repair on the dealer. It's worth pointing out the most warranty co's won't cover known defects, so probably wouldn't cover the known issues with your engine.
Consumer Rights Act 2015 is your friend. I'm not sure when you bought the car, but from time of sale up to 30 days you can ask for a refund less an amount for use of car. Up to 6 months from point of sale the dealer is responsible for providing you with a repair.
You need to write a simple letter to the dealer quoting the act and advising him the car needs a major repair and the car is not fit for purpose. No need to get into technical stuff - send the letter via a recorded service with proof of signature on delivery. Send it via email too if you have an address. Keep a note of all your correspondence and try to avoid any dealings via phone - the paper trail is important now.
I stood my ground with dealer - and defeated the naysayers on my thread, got my engine repaired and fully checked for any consequential damage without a penny cost to me.
Good luck!
The warranty, existing or not, is neither here nor there. The dealer can't hide behind the warranty and abdicate his responsibilities to you. At best and if the warranty co accepted the repair, it will simply mitigate the costs of repair on the dealer. It's worth pointing out the most warranty co's won't cover known defects, so probably wouldn't cover the known issues with your engine.
Consumer Rights Act 2015 is your friend. I'm not sure when you bought the car, but from time of sale up to 30 days you can ask for a refund less an amount for use of car. Up to 6 months from point of sale the dealer is responsible for providing you with a repair.
You need to write a simple letter to the dealer quoting the act and advising him the car needs a major repair and the car is not fit for purpose. No need to get into technical stuff - send the letter via a recorded service with proof of signature on delivery. Send it via email too if you have an address. Keep a note of all your correspondence and try to avoid any dealings via phone - the paper trail is important now.
- find out if he belongs to any motor trade associations - they can be useful in mediation.
- visit you local CAB. I found them very helpful and any questions I asked they couldn't answer, they seemed to have a hotline to someone who could answer. They also involved the dealers local trading standards.
- any of your house or motor insurance policies have legal advice? I had two policies, one of which covered solicitor costs should push come to shove. The advice from them was very clear (as written above re letter)
- While I'm in Scotland, if it had come to court (and I was advised it would be unlikely - the dealer would have relented) it would only have cost £70 and covered me for a claim up to £3k - more in England I believe
I stood my ground with dealer - and defeated the naysayers on my thread, got my engine repaired and fully checked for any consequential damage without a penny cost to me.
Good luck!
northwest monkey: I just wanted to add to My previous comments to say that I hope you get things sorted and are not left out of pocket (It does sound as if you've come up against one of the motor industries worst type of dealers!).
It suspect you're in for a tough, stressful fight, but you stand your ground and don't give up!
Best of luck with it!
It suspect you're in for a tough, stressful fight, but you stand your ground and don't give up!
Best of luck with it!
Having dealt with a lot of warranty companies, at no point will they ask of a mate had touched it!
The way they work is:
• You report a problem
• They acknowledge the problem, and arrange for it to be looked at if it doesn't fall under the large list of exclusions.
• You take it where they tell you too (usually a national chain, unless you request otherwise), they diagnose the fault (chargeable), and try to get approval from the warranty company for the repair.
The way they work is:
• You report a problem
• They acknowledge the problem, and arrange for it to be looked at if it doesn't fall under the large list of exclusions.
• You take it where they tell you too (usually a national chain, unless you request otherwise), they diagnose the fault (chargeable), and try to get approval from the warranty company for the repair.
Andyjc86 said:
Having dealt with a lot of warranty companies, at no point will they ask of a mate had touched it!
The way they work is:
• You report a problem
• They acknowledge the problem, and arrange for it to be looked at if it doesn't fall under the large list of exclusions.
• You take it where they tell you too (usually a national chain, unless you request otherwise), they diagnose the fault (chargeable), and try to get approval from the warranty company for the repair.
Correct, anyway the warranty thing is a red herring in this case, no warranty company is going to cover some dodgy trader for selling cars with worn/duff engines.The way they work is:
• You report a problem
• They acknowledge the problem, and arrange for it to be looked at if it doesn't fall under the large list of exclusions.
• You take it where they tell you too (usually a national chain, unless you request otherwise), they diagnose the fault (chargeable), and try to get approval from the warranty company for the repair.
This is all about getting the trader to sort it out, he is liable and cant hide behind a 3rd party warranty (that would 100% reject any claim for this sort of problem).
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