Dealer Warranty Liability

[Cdhw]

Hi everyone!

Just wanted to get some advice as I'm not sure if I can do anything in this situation.

I bought a second hand Vauxhall Astra from a car dealer/garage late last year, and it came with a 3 month warranty. During the warranty I took it in to the garage as I had topped up the coolant twice since I'd bought it, suggesting there was some kind of leak. The garage said they couldn't find any leak and checked the sensor and topped it all up.

However, a few weeks after the warranty the car started to judder and some warning signs came on the dash. I took it to a local garage and it turned out that there was a crack in the cylinder head and coolant was leaking in and erroding the spark plugs. It ended up needing a new cylinder head, spark plugs and coil pack (large cost).

My question is, do I have any standing here regarding the dealer/garage liability to compensate for this fix as during the warranty I did take it in for a possible coolant leak and no fix completed?

[Trevor555]

Exactly what date did you report to the dealer that it was loosing coolant?

Sounds to me like the fault was present at the point of sale.

If that's the case then it's nothing to do with the warranty.

I suggest you call citizens advice on Monday, and tell them the dates/facts etc..

BUT!!!

If you've gone ahead and had the work done without authorisation from the supplying dealer then you may struggle to get them to pay.

However, did the supplying dealer state to you that they would not carry out repairs?

If they did then you may be able to pursue...

But seriously, call citizens advice Monday, as you'll get conflicting advice on here.

[Slowboathome]

My understanding is that regardless of what they say about the warranty, under the Consumer Rights Act 2015 the car has to be of satisfactory quality and fit for purpose. I can't see any way in which this vehicle meets those criteria, irrespective of its age or the price you paid.

I would suggest you take a look at the Citizens Advice web page https://www.citizensadvice.org.uk/ and then ring their helpline for advice on the way forward.

[Slowboathome]

Sorry, posted before seeing Trevor555's comment saying basically the same thing.

[littleredrooster]

Your major problem will probably be that you didn’t give the supplying garage the chance to fix it under warranty. I suspect that they’ll just wash their hands of it now that you’ve authorised repairs elsewhere.

[Cdhw]

Thanks guys! I'll speak with citizens advice.

Bit more info I took the car into the garage (with the warranty) in early February about the potential coolant leak and the warranty ended 8th March. So with the warranty ended I used a more local garage as the car started juddering a lot last week.

[QJumper]

Cdhw said:

Thanks guys! I'll speak with citizens advice.

Bit more info I took the car into the garage (with the warranty) in early February about the potential coolant leak and the warranty ended 8th March. So with the warranty ended I used a more local garage as the car started juddering a lot last week.

Warranty doesn't matter as, if the fault occured within the first 6 months, it's assumed it was there at time of purchase, and so the dealer's responsibility to resolve.

The problem you have is that you took it to a third party for the repair, without giving the dealer the opportunity to fix it. I'm not sure where that leaves you legally, but it at least gives the dealer the opportunity to argue against it.

See what citizens advice say, but pursuing it legally might drag out. Personally I'd discuss it with the dealer in the hope of negotiating a payment towards what you paid for the repairs.

[Cdhw]

I have discussed with the dealer and had some level of push back, which was to be expected as in hindsight it may have been an idea to take it to them directly.

That being said, I am unsure what would be a fair request to make with regards to a potential covering of the costs? To clarify the work done was cylinder head, spark plugs and coil pack, timing belt, head bolt and gaskets. Roughly 1200 + 700 labour.