Consumer Rights Act - EVAP pump jammed, EVAP system leak

Consumer Rights Act - EVAP pump jammed, EVAP system leak

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jonamv8

Original Poster:

3,151 posts

167 months

Tuesday 23rd April
quotequote all
Hi all,

Would the following be considered normal wear and tear on 2017 vehicle bought from a main dealer 5 months ago?

ISSUE - EML on dash, fault memory P1402 EVAP system leak detected pump control. Requires EVAP system checking with tank and pump removing from rear RH wheel arch area.

DIAGNOSIS - EVAP pump and pipe work checked. Found EVAP pump jammed / seized so not pumping fuel vapour up to engine correctly. EVAP tank possible over full. Requires new new EVAP pump and recommend replacing EVAP charcoal tank.

I thought up to 6 months I was pretty safe buying through a dealer and the CRA protected me, but could this be normal wear and tear and I have to pay for it?

Many thanks in advance :-)

Edited by jonamv8 on Tuesday 23 April 18:48

Jordie Barretts sock

4,203 posts

20 months

Tuesday 23rd April
quotequote all
It's an eight year old car. I'd say that's wear and tear.

jonamv8

Original Poster:

3,151 posts

167 months

Tuesday 23rd April
quotequote all
Jordie Barretts sock said:
It's an eight year old car. I'd say that's wear and tear.
Even on a £95k car with 14k on the clock? I must admit I have no experience with the CRA and protection, previously my dealers have just fixed issues under warranty in the first few months.... So interested in peoples thoughts - thanks.

Jordie Barretts sock

4,203 posts

20 months

Tuesday 23rd April
quotequote all
I don't think how much it was or mileage is relevant. The dealer will either agree to fix and replace or they won't.

Have you asked them to repair it for free? If so, what did they say?

Or are you lining up your litigious ducks before contacting them?

I'd be having a polite conversation first of all.

jonamv8

Original Poster:

3,151 posts

167 months

Tuesday 23rd April
quotequote all
Jordie Barretts sock said:
I don't think how much it was or mileage is relevant. The dealer will either agree to fix and replace or they won't.

Have you asked them to repair it for free? If so, what did they say?

Or are you lining up your litigious ducks before contacting them?

I'd be having a polite conversation first of all.
Fair enough, I thought that mileage may be relevant to a 'normal wear and tear' definition on a major component.

They have refused, stating not covered under warranty, Every other bloody pump seems to be covered though LOL. Myself and dealer have not yet discussed the CRA, it was only mentioned to me today by someone with more experience when I told them I purchased it 5 months ago. Apparently I have rights up to 6 months which reduce thereafter.

Certainly still in the polite conversation phase but just trying to get a handle on my consumer rights as what is classed as wear and tear. If it had 60k on the clock I wouldn't be querying it but £1,500 is a decent chunk of cash if I found out my rights would mean the dealer should be coughing up for it then I would like to exercise my rights in a polite manner with the dealership. I could be wrong though, hence the post asking for advice. Many thanks for your advice :-)

Jordie Barretts sock

4,203 posts

20 months

Tuesday 23rd April
quotequote all
I haven't really offered any advice! Just opinion. biggrin

I think, but I am far from sure, that up to 6 months then any fault that manifests itself (certainly what you are describing) is deemed to have been present at purchase. Therefore you may have some leverage with the CRA.

I would suggest a phone call to Citizens Advice. It's free and they would certainly know your rights.

jonamv8

Original Poster:

3,151 posts

167 months

Tuesday 23rd April
quotequote all
Jordie Barretts sock said:
I haven't really offered any advice! Just opinion. biggrin

I think, but I am far from sure, that up to 6 months then any fault that manifests itself (certainly what you are describing) is deemed to have been present at purchase. Therefore you may have some leverage with the CRA.

I would suggest a phone call to Citizens Advice. It's free and they would certainly know your rights.
Apologies I meant to thank you for taking the time to respond !

My understanding is that the dealer has to prove it wasn't present at point of purchase, which is difficult for them to do, after 6 months you lose this. It's worth pursuing given the sum involved.

I shall phone citizens advice tomorrow and in the interests of thread completeness, I shall post the outcome !!

Jordie Barretts sock

4,203 posts

20 months

Tuesday 23rd April
quotequote all
Sounds like a plan.

No offence taken, I was apologising for not really offering much help.

Whatever the car is, 14k in 8 years is criminal! I hope you intend to use it more than that?

jonamv8

Original Poster:

3,151 posts

167 months

Tuesday 23rd April
quotequote all
Jordie Barretts sock said:
Sounds like a plan.

No offence taken, I was apologising for not really offering much help.

Whatever the car is, 14k in 8 years is criminal! I hope you intend to use it more than that?
Agreed, I’ve put just over 3k on it in 5 months over winter so its getting some use now !!!


Jordie Barretts sock

4,203 posts

20 months

Tuesday 23rd April
quotequote all
Bella Bella!

Lovely looking thing.