Yet another faulty dealership car and insufficient warranty
Discussion
Hello,
I always read these type of threads and wonder how people end up in these situations, but it seems karma has finally bitten me on the ass and its my turn.
I purchased a Land Rover Freelander from a independent/small dealership on the 5th August 2016, I agreed a price and took the car there and then.
On the morning of the 7th August 2016 I tried to start it and it failed to start, it eventually started up but was very lumpy and loud, I took it for a spin and something wasn’t right, if i put my foot down it almost died, the revs dropped and it was running rough so first thing I did on Monday morning was called and text the dealer and let them know of the issue, they tried to diagnose the issue over the phone but had no luck so agreed to come and collect it on the 12th August, I also sent them a video of the bad and lumpy start up on the 11th August.
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
We don’t use the car much at the moment, its probably done under 400 miles since we purchased it, but its still running rough and needs fixing, so I had the car booked into a local garage and they have diagnosed the issue as faulty injectors and quoted £1045 to fix, My 3 month warranty runs out next week so I just called them to log the claim and get the ball rolling on the claims procedure, but the warranty I was given was a "listed parts" warranty and injectors are not covered.
So the dealer sold me a broken car, they tried to fix it but failed and the warranty they gave me doesn’t cover most things, do I have any comeback directly with the dealer inside the 3 month window, considering I have proof the car had an issue 2 days after purchase.
TLDR: Dealer sold me a broken car and the warranty doesn’t cover it, do I have any comeback directly with the dealer inside 3 months?
Thanks
I always read these type of threads and wonder how people end up in these situations, but it seems karma has finally bitten me on the ass and its my turn.
I purchased a Land Rover Freelander from a independent/small dealership on the 5th August 2016, I agreed a price and took the car there and then.
On the morning of the 7th August 2016 I tried to start it and it failed to start, it eventually started up but was very lumpy and loud, I took it for a spin and something wasn’t right, if i put my foot down it almost died, the revs dropped and it was running rough so first thing I did on Monday morning was called and text the dealer and let them know of the issue, they tried to diagnose the issue over the phone but had no luck so agreed to come and collect it on the 12th August, I also sent them a video of the bad and lumpy start up on the 11th August.
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
We don’t use the car much at the moment, its probably done under 400 miles since we purchased it, but its still running rough and needs fixing, so I had the car booked into a local garage and they have diagnosed the issue as faulty injectors and quoted £1045 to fix, My 3 month warranty runs out next week so I just called them to log the claim and get the ball rolling on the claims procedure, but the warranty I was given was a "listed parts" warranty and injectors are not covered.
So the dealer sold me a broken car, they tried to fix it but failed and the warranty they gave me doesn’t cover most things, do I have any comeback directly with the dealer inside the 3 month window, considering I have proof the car had an issue 2 days after purchase.
TLDR: Dealer sold me a broken car and the warranty doesn’t cover it, do I have any comeback directly with the dealer inside 3 months?
Thanks
Two main points to understand here:
1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
sidekickdmr said:
Hello,
I always read these type of threads and wonder how people end up in these situations, but it seems karma has finally bitten me on the ass and its my turn.
I purchased a Land Rover Freelander from a independent/small dealership on the 5th August 2016, I agreed a price and took the car there and then.
On the morning of the 7th August 2016 I tried to start it and it failed to start, it eventually started up but was very lumpy and loud, I took it for a spin and something wasn’t right, if i put my foot down it almost died, the revs dropped and it was running rough so first thing I did on Monday morning was called and text the dealer and let them know of the issue, they tried to diagnose the issue over the phone but had no luck so agreed to come and collect it on the 12th August, I also sent them a video of the bad and lumpy start up on the 11th August.
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
We don’t use the car much at the moment, its probably done under 400 miles since we purchased it, but its still running rough and needs fixing, so I had the car booked into a local garage and they have diagnosed the issue as faulty injectors and quoted £1045 to fix, My 3 month warranty runs out next week so I just called them to log the claim and get the ball rolling on the claims procedure, but the warranty I was given was a "listed parts" warranty and injectors are not covered.
So the dealer sold me a broken car, they tried to fix it but failed and the warranty they gave me doesn’t cover most things, do I have any comeback directly with the dealer inside the 3 month window, considering I have proof the car had an issue 2 days after purchase.
TLDR: Dealer sold me a broken car and the warranty doesn’t cover it, do I have any comeback directly with the dealer inside 3 months?
Thanks
The dealer, if I read correctly is trying to pass the buck onto the warranty company. They can not do this. You are protected in law. No ifs buts or maybes. Sale of Goods Act is your friend which came into force Oct 2015. You say you don't use the car much. If it were me i'd be down to the garage and face to face tell them you require the car to be repaired properly and if they don't you will seek a full refund. I always read these type of threads and wonder how people end up in these situations, but it seems karma has finally bitten me on the ass and its my turn.
I purchased a Land Rover Freelander from a independent/small dealership on the 5th August 2016, I agreed a price and took the car there and then.
On the morning of the 7th August 2016 I tried to start it and it failed to start, it eventually started up but was very lumpy and loud, I took it for a spin and something wasn’t right, if i put my foot down it almost died, the revs dropped and it was running rough so first thing I did on Monday morning was called and text the dealer and let them know of the issue, they tried to diagnose the issue over the phone but had no luck so agreed to come and collect it on the 12th August, I also sent them a video of the bad and lumpy start up on the 11th August.
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
We don’t use the car much at the moment, its probably done under 400 miles since we purchased it, but its still running rough and needs fixing, so I had the car booked into a local garage and they have diagnosed the issue as faulty injectors and quoted £1045 to fix, My 3 month warranty runs out next week so I just called them to log the claim and get the ball rolling on the claims procedure, but the warranty I was given was a "listed parts" warranty and injectors are not covered.
So the dealer sold me a broken car, they tried to fix it but failed and the warranty they gave me doesn’t cover most things, do I have any comeback directly with the dealer inside the 3 month window, considering I have proof the car had an issue 2 days after purchase.
TLDR: Dealer sold me a broken car and the warranty doesn’t cover it, do I have any comeback directly with the dealer inside 3 months?
Thanks
If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.
sidekickdmr said:
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
What have you been doing about the issue for the past 11 weeks?C70R said:
Two main points to understand here:
1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
That is bad advice 1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
It is up to the dealer to prove the fact was not present at time of sale. You are correct that the law has changed with the coming into force of the CRA but the dealer is still on the hook. The warranty is there to protect the dealer against a claim not shield them from responsibility. OP call citizens advice, they are very good. Just get onto it and try not to be fobbed offgroomi said:
sidekickdmr said:
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
What have you been doing about the issue for the past 11 weeks?Anyhow, don't go anywhere near anyone else with the car as it is the dealer's issue to fix. If they won't or can't (and it sounds like they have had one attempt already), return it and get a refund.
funkyrobot said:
groomi said:
sidekickdmr said:
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
What have you been doing about the issue for the past 11 weeks?Anyhow, don't go anywhere near anyone else with the car as it is the dealer's issue to fix. If they won't or can't (and it sounds like they have had one attempt already), return it and get a refund.
I’ve emailed the dealer with a copy of the estimate and asked for a repair or refund minus fair usage.
Will see what he comes back with.
Thanks all
sidekickdmr said:
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
In what way is it faulty now - does it start and run more-or-less OK?How much did you pay for the car?
Sheepshanks said:
sidekickdmr said:
They took the car and apparently diagnosed the issue as a split turbo hose, which they replaced and returned the car on the 17th August 2016, however although the car felt better, It certainly wasn’t fixed.
In what way is it faulty now - does it start and run more-or-less OK?How much did you pay for the car?
sidekickdmr said:
but its still running rough and needs fixing, so I had the car booked into a local garage and they have diagnosed the issue as faulty injectors and quoted £1045 to fix
No, it doesnt start and run ok, its exactlty the same as the weekend we purchased it. We paid £3,700
Burwood said:
C70R said:
Two main points to understand here:
1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
That is bad advice 1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
It is up to the dealer to prove the fact was not present at time of sale. You are correct that the law has changed with the coming into force of the CRA but the dealer is still on the hook. The warranty is there to protect the dealer against a claim not shield them from responsibility. OP call citizens advice, they are very good. Just get onto it and try not to be fobbed offThe wording is something like: "it is assumed that the fault was present at the time of purchase unless the seller can prove otherwise."
As you rightly say, irrespective of this, the OP is protected up to 6 months for the dealer to repair the car FOC (warranty or otherwise). I think the right to reject has passed, given that the 30 days has lapsed, in spite of the initial issue being flagged within this period.
C70R said:
Burwood said:
C70R said:
Two main points to understand here:
1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
That is bad advice 1. Used car warranties are often so prescriptive/restrictive that they are not worth the paper they are written on, which I'm assuming you read before committing to? I'd ignore this, as it's a red herring.
2. Your main potential point of recourse is via The Consumer Rights Act (it replaced SOGA last year), which covers you (to a greater and lesser extent) for 6 months from purchase. Unless you've got any evidence to prove that the dealer "sold you a broken car", you're p*ssing into the wind on that front.
Did you accept the car as "repaired" when they returned it after replacing the hose? If so, then it's possible that the current scenario may be argued as a 'new' problem.
It is up to the dealer to prove the fact was not present at time of sale. You are correct that the law has changed with the coming into force of the CRA but the dealer is still on the hook. The warranty is there to protect the dealer against a claim not shield them from responsibility. OP call citizens advice, they are very good. Just get onto it and try not to be fobbed offThe wording is something like: "it is assumed that the fault was present at the time of purchase unless the seller can prove otherwise."
As you rightly say, irrespective of this, the OP is protected up to 6 months for the dealer to repair the car FOC (warranty or otherwise). I think the right to reject has passed, given that the 30 days has lapsed, in spite of the initial issue being flagged within this period.
C70R said:
Surely the dealer will simply refer to the fact that they saw no evidence of the issue, and that the car drove well on the test drive (as evidenced by the fact that the OP purchased a fault-free car)...
....plus the OP accepted the car back after being repaired.Dealer thinks the car is OK, OP says it isn't. What happens next?
I know I’ve been a plonker leaving it so long, like I said, no excuse, just been a VERY busy few months.
Anyway, based on the replies on this thread I emailed the dealer, and explained the situation, said I would rather resolve this directly and informally before calling the CAB etc, and he has already responded to say his technician is going to speak to the garage that has diagnosed and see if they can agree repairs needed, if not he will take it back and fix it.
So they seem to be accepting liability and playing ball at present, lets hope it pans out and it doesn’t get bodged.
Anyway, based on the replies on this thread I emailed the dealer, and explained the situation, said I would rather resolve this directly and informally before calling the CAB etc, and he has already responded to say his technician is going to speak to the garage that has diagnosed and see if they can agree repairs needed, if not he will take it back and fix it.
So they seem to be accepting liability and playing ball at present, lets hope it pans out and it doesn’t get bodged.
sidekickdmr said:
I know I’ve been a plonker leaving it so long, like I said, no excuse, just been a VERY busy few months.
Anyway, based on the replies on this thread I emailed the dealer, and explained the situation, said I would rather resolve this directly and informally before calling the CAB etc, and he has already responded to say his technician is going to speak to the garage that has diagnosed and see if they can agree repairs needed, if not he will take it back and fix it.
So they seem to be accepting liability and playing ball at present, lets hope it pans out and it doesn’t get bodged.
Good. I assume he replied via email so there is a record. Sounds like he is a decent sort and not trying to avoid responsibility.Anyway, based on the replies on this thread I emailed the dealer, and explained the situation, said I would rather resolve this directly and informally before calling the CAB etc, and he has already responded to say his technician is going to speak to the garage that has diagnosed and see if they can agree repairs needed, if not he will take it back and fix it.
So they seem to be accepting liability and playing ball at present, lets hope it pans out and it doesn’t get bodged.
Don't get sidetracked by comments about the timescale here. From what I can make out:
You're already working through one option in the Consumer Rights Act:
1. You bought a user car
2. Used car exhibited faults after 2 days.
3. You complained to dealer, and he offered you the option of making a repair.
4. The repair has not fixed the issue.
5. Dealer is now offering to have another crack at it.
From: "http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights"
"If the attempt at a repair or replacement is unsuccessful, you're entitled to a refund.
But the car dealer can make a deduction from the refund after the first 30 days for 'fair use'."
So; don't let anyone else touch it with out written instruction from the dealer, if this new repair fails to fix the fault, reject the car and ask for a refund less the fair use deduction.
You're already working through one option in the Consumer Rights Act:
1. You bought a user car
2. Used car exhibited faults after 2 days.
3. You complained to dealer, and he offered you the option of making a repair.
4. The repair has not fixed the issue.
5. Dealer is now offering to have another crack at it.
From: "http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights"
"If the attempt at a repair or replacement is unsuccessful, you're entitled to a refund.
But the car dealer can make a deduction from the refund after the first 30 days for 'fair use'."
So; don't let anyone else touch it with out written instruction from the dealer, if this new repair fails to fix the fault, reject the car and ask for a refund less the fair use deduction.
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