Warranty won't pay out - dealer comeback?
Discussion
I recently bought a 2006 Discovery from a non franchised dealer. The car was a retail car and I paid retail money.
It came with a 'comprehensive 5* AA Warranty' which appears to be worthless given it doesn't cover the first 3 things that have done wrong with the car.
Therefore, is the dealer obliged to cover anything that the warranty doesn't cover? We're not talking a minor issue here (£500 suspension compressor) so my view is that the must be some legal obligation here.
It came with a 'comprehensive 5* AA Warranty' which appears to be worthless given it doesn't cover the first 3 things that have done wrong with the car.
Therefore, is the dealer obliged to cover anything that the warranty doesn't cover? We're not talking a minor issue here (£500 suspension compressor) so my view is that the must be some legal obligation here.
Age old question. My interpretation is as follows:
SGA effectively distills into goods must be fit for purpose.
Taking into account the age of the car, the money you paid (retail) would a reasonable person expect 2months motoring without fault?
(if the fault is not detrimental to it's purpose the waters get murkier)
Because there is no clear answer to this it effectively becomes a game of bluff of the dealer saying he won't pay vs punter saying that they'll persue them through small claims.
The rule of thumb in the trade seems to be 3-6months Is reasonable which is why you often see this listed as 'free warranty' in ads.
I.e in short I think the dealer should pay.
SGA effectively distills into goods must be fit for purpose.
Taking into account the age of the car, the money you paid (retail) would a reasonable person expect 2months motoring without fault?
(if the fault is not detrimental to it's purpose the waters get murkier)
Because there is no clear answer to this it effectively becomes a game of bluff of the dealer saying he won't pay vs punter saying that they'll persue them through small claims.
The rule of thumb in the trade seems to be 3-6months Is reasonable which is why you often see this listed as 'free warranty' in ads.
I.e in short I think the dealer should pay.
Edited by waterwonder on Wednesday 18th May 10:38
Thanks - thats useful.
Situation is that suspension fault light on dashboard has come on. Independent LR mechanic diagnosed as worn out suspension compressor (£300+2 hrs labour + VAT). Warranty is saying it doesn't cover air suspension.
Dealer told me to get fixed at his mechanic and he'll try to get invoice through warranty as a 'gesture of good faith'. Thing is I don't fancy his chances of getting paid and when I asked 'what happens then' his response was 'we'll look at our options'.
My view is that this was a £21k car, offered with an 'all singing all dancing warranty' that has done less than 2k miles since purchased and has a fundamental fault. Therefore I have a strong argument.
On a slightly different note, I purchased an extended warranty from the dealer which is apparently useless - can I ask for my money back? (assuming of course he fails to get the suspension claim through)
Situation is that suspension fault light on dashboard has come on. Independent LR mechanic diagnosed as worn out suspension compressor (£300+2 hrs labour + VAT). Warranty is saying it doesn't cover air suspension.
Dealer told me to get fixed at his mechanic and he'll try to get invoice through warranty as a 'gesture of good faith'. Thing is I don't fancy his chances of getting paid and when I asked 'what happens then' his response was 'we'll look at our options'.
My view is that this was a £21k car, offered with an 'all singing all dancing warranty' that has done less than 2k miles since purchased and has a fundamental fault. Therefore I have a strong argument.
On a slightly different note, I purchased an extended warranty from the dealer which is apparently useless - can I ask for my money back? (assuming of course he fails to get the suspension claim through)
alfaspiderman2 said:
On a slightly different note, I purchased an extended warranty from the dealer which is apparently useless - can I ask for my money back? (assuming of course he fails to get the suspension claim through)
Isn't it common for most warranties to exclude suspension components due to 'wear and tear'? Not sure if a compressor from air suspension is classed as a consumable though...We'll look at our options = I'm going to try get you to foot the bill but I'll go 50/50 if you push hard.
Tell him he can either pay willingly or he'll receive the bill accompanied with a solicitors letter.
Re the warranty you are probably outside the cooling off period and I would be inclined to say it's your own fault for not reading it before you paid for it. However it maybe worth playing havoc if you were missold the product. (I think after Market policies are covered by the FSA which will help)
Tell him he can either pay willingly or he'll receive the bill accompanied with a solicitors letter.
Re the warranty you are probably outside the cooling off period and I would be inclined to say it's your own fault for not reading it before you paid for it. However it maybe worth playing havoc if you were missold the product. (I think after Market policies are covered by the FSA which will help)
killsta said:
Isn't it common for most warranties to exclude suspension components due to 'wear and tear'? Not sure if a compressor from air suspension is classed as a consumable though...
So far, this one has also excluded an EGR replacement and a faulty bonnet alarm switch. Not giving me any confidence whatsoeverwaterwonder said:
We'll look at our options = I'm going to try get you to foot the bill but I'll go 50/50 if you push hard.
Precisely my thoughts on the matter - hence the topic really. That's obviously why he wants his mechanic (back street £30/hr) vs my reputable LR indy (LR trained technicians, £55/hr) to do the work. If he was confident warranty would pay, why try to keep the costs down?anonymous said:
[redacted]
I'm inclined to agree. I don't have much confidence in the guy he's sending me to. Having spoken to him on the phone 'he's never changed a compressor before'. (And this is a COMMON fault on the Discovery). After all, I'm not insisting on the LR Main Dealer or anything like that. I don't think you'll ever get that to work.
However it would be a useful arguement :
Dear Mr Stealer
I have taken advice with regards to your obligations under the SOGA in light of the issues with the car there are two possible remedies:
A full refund.
Or the appropriate repair paid for by you and carried out by a reputable specialist of your choosing.
I'd serve this in writing giving him 7 days to respond. However you can try via phone first. You can't insist where the repair is done but you can insist that it is done to the correct standard I.e not in some back street bodge shop.
However it would be a useful arguement :
Dear Mr Stealer
I have taken advice with regards to your obligations under the SOGA in light of the issues with the car there are two possible remedies:
A full refund.
Or the appropriate repair paid for by you and carried out by a reputable specialist of your choosing.
I'd serve this in writing giving him 7 days to respond. However you can try via phone first. You can't insist where the repair is done but you can insist that it is done to the correct standard I.e not in some back street bodge shop.
MarJay said:
There is actually some law which says that if a fault occurs with a secondhand car from a dealer within six months, the onus is on the dealer to prove the fault wasn't there when it was sold. This is nearly impossible in practice, therefore the dealer should help you.
Almost, this is specific to the sales of goods act, not second hand cars ...MarJay said:
There is actually some law which says that if a fault occurs with a secondhand car from a dealer within six months, the onus is on the dealer to prove the fault wasn't there when it was sold. This is nearly impossible in practice, therefore the dealer should help you.
Correct - this is SOGA and does apply to second hand cars. Gassing Station | General Gassing | Top of Page | What's New | My Stuff