Home-trader and 'warranty'
Discussion
We bought a Mini Cab from a home-trader on November 20th - he had proper trade plates etc, so wasn't just having a go at being a dealer...
The gearbox started rumbling on 16th December so we dropped it into a local garage on the 19th and they diagnosed a replacement gearbox. I trust this garage as they've worked on my cars for years - they haven't even asked to do the work.
Does anyone know where I should stand with the trader I bought it from in terms of comeback? I've read various things about traders 'having to give 2 months warranty' etc?
Thanks in advance.
The gearbox started rumbling on 16th December so we dropped it into a local garage on the 19th and they diagnosed a replacement gearbox. I trust this garage as they've worked on my cars for years - they haven't even asked to do the work.
Does anyone know where I should stand with the trader I bought it from in terms of comeback? I've read various things about traders 'having to give 2 months warranty' etc?
Thanks in advance.
Esentially the trader should see you right but it will depend on how much you paid for the car and how many miles you have done in those two months.
Get back to them in writing soonest setting out your problem and what you expect them to do about it.
You need to give them the opportunity to fix it so don't go getting any third party work done and expecting them to pay for it.
Get back to them in writing soonest setting out your problem and what you expect them to do about it.
You need to give them the opportunity to fix it so don't go getting any third party work done and expecting them to pay for it.
What exactly is the fault? Just a rumble but the car drives and changes gear fine? Did you speak with the home trader before taking the car to a garage? Either way, I think you're unlikely to get anywhere with a home trader if the fault occured nearly a month after purchase. You could argue it was pre-existing but the trader could argue it wasn't and you've ragged the daylights out it.
If it's just a rumble and definietly coming from the gearbox, oil change is worth a shot.
If it's just a rumble and definietly coming from the gearbox, oil change is worth a shot.
If it's an old Avensis they are weak on gearbox bearings and one of the bearings will have gone - all the bits of hardened steel whizzing round in there means the gearbox is toast.
My son's Avensis suffered the same fate - a secondhand gearbox later and a new set of bearings in it ended up costing about £750 (inc a new clutch)
Obviously lots of variables but might give you an idea.
My son's Avensis suffered the same fate - a secondhand gearbox later and a new set of bearings in it ended up costing about £750 (inc a new clutch)
Obviously lots of variables but might give you an idea.
Windymiller said:
I've read various things about traders 'having to give 2 months warranty' etc?
No, he doesn't. But that doesn't mean he doesn't have to sit by his legal responsibilities under the Consumer Rights Act 2015. Basically, it has to be as you would expect, going by the age/price/apparent condition. If not, you can have an absolute refund within 30 days, or he has the right to repair/replace afterwards. Beyond 6mo, you have to prove the fault was there at the time of purchase.BUT... Minicab? You bought as a business? So, no, the Consumer Rights Act does not apply.
TooMany2cvs said:
BUT... Minicab? You bought as a business? So, no, the Consumer Rights Act does not apply.
I think we can all move on from this minicab business. OP has an Aston Martin and a Mk1 Escort Mexico he hasn't bought his Mrs an old minicab.
Despite what other ill informed posters have said if the gearbox is knackered two months and a few hundred miles after you bought it from a trader they need to put it right. If it goes to small claims court the judge will come down on your side unless for some reason you paid way less than 'normal' price.
trickywoo said:
I think we can all move on from this minicab business. OP has an Aston Martin and a Mk1 Escort Mexico he hasn't bought his Mrs an old minicab.
I don't tend to trawl through profiles before replying - I take the post at face value. So, if somebody says they bought a "mini cab", I assume they bought a minicab. I wouldn't assume they bought a convertible Mini.B'sides, can't people who run successful minicab firms buy weekend toys, too?
I'm normally slightly sceptical of SOGA claims on used cars, but this seems fairly cut and dried unless it has 150K miles on the clock and you gave him 68p and a Curly Wurly for it.
Approach seller first, nicely. If that doesn't work then I'd move off down a small claims court route fairly briskly.
Approach seller first, nicely. If that doesn't work then I'd move off down a small claims court route fairly briskly.
TooMany2cvs said:
trickywoo said:
I think we can all move on from this minicab business. OP has an Aston Martin and a Mk1 Escort Mexico he hasn't bought his Mrs an old minicab.
I don't tend to trawl through profiles before replying - I take the post at face value. So, if somebody says they bought a "mini cab", I assume they bought a minicab. I wouldn't assume they bought a convertible Mini.B'sides, can't people who run successful minicab firms buy weekend toys, too?
QuickQuack said:
Err, I think it's a bit of a leap to deduce "minicab" when the post states "Mini Cab," with the two words separate and two capital letters. No need to go into anyone's profile, just a better understanding of grammar...
Thanks. Glad its not just me.Besides the grammar aspect why would anyone say they bought a minicab without any reference to the make when looking for advice? Its a question of logic also. I only looked at OPs profile when more than one person replying seemed to get the wrong end of the stick.
sparkythecat said:
I did. Especially with the mention of trade plates, which I took to mean Hackney Carriage license plates.
Former car salesman here, so I figured he meant the red and white trade plates. As a car dealer wouldn't need a Hackney licence just to sell cars to cab drivers You've all given me a chuckle anyway
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff