14 replies to this topic

[reppiz]

Hi all,
I need some hard and fast facts please anything you can give me that is pertinent to the following:

Situation:

i)Car purchased via dealer week ago, turbo blows and is confirmed by AA. Independent inspection carried out and confirms turbo is blown and vehicle towed away.

ii) Dealer is contacted and made aware that car is unfit to drive but offers to repair turbo using the garage of his choice and that has stated he is not obliged to offer any documentation of the repair on the turbo, which means I could technically be going backwards and forwards every week. Is this correct? Is he required by law to provide documentation of a repair of this nature?

I will be seeking legal advice tomorrow and am fully aware of the 1974 act so realise that a warranty is not necessary, I have outlined this to the dealer, but is he required to provide documentation of the turbo repair? For instance the AA cover turbos for £5 a month extra, but surely they are not going to give a warranty on an un documented re-con turbo, for any kind of warranty I would imagine they need to see the level of work carried out? Regardless, from my point of view, I wish to see some account of the level of repair as it required towing!
ASAP would be great,

[artscot79]

im sure youll find he is entitled to replace the turbo with new or reconditioned it isnt pertinent the law only requires he remedy the fault and no he isnt obliged by law to provide paperwork however he should note it in youre service book at the rear the date the turbo was repaired you do however if he doesnt want to play ball state that you wish to return the car as you have no confidence in the vehicle and with no proof of the repair you do not wish to take that risk

[rojariggs]

Any fault on a used car within the first three months is considered to have been present at the time of purchase and is therefore the dealer's responsibility (SOGA 1974).

However, how they choose to get the car repaired and what paperwork they provide is their choice. Their legal obligation is simply to repair (or replace in the event of serious/unrepairable defects) the fault.

[Stoney871]

Yep, sale of goods act - if the car was defective at purchase you have the right to ask for rectification or return.
It's up to them to prove it wasn't defective not for you to prove it was.

[reppiz]

Cheers chaps, keep them coming. They've stated they can take it where they want and don't have to provide any documentation on a repair and also that they only have to make a contribution, do we have the choice to nominate the garage of our choice if we do not trust the dealer?

[reppiz]

Cheers chaps, keep them coming. They've stated they can take it where they want and don't have to provide any documentation on a repair and also that they only have to make a contribution, do we have the choice to nominate the garage of our choice if we do not trust the dealer?

[gregers]

no they have to carry out effective repairs,you have bought a car they have entered into a contract with you.as all ready been said even if they fitted a brand new 1 you will not have a years warrenty on it,it will only be warrented to the end of any warrenty you may have.
have a looksie here for info,even ring them up for a chat there a freindly bunch i had to go down this route about 5 years ago with a car i bought from a dealer,HE LOST lol.and it cost them a LOT of money.

http://www.direct.go...ights/DG_183047

[STEADS]

Hi is the car on finance if so i,m pretty sure the finance company could lend a hand in any dispute becvause technically it,s there car just a thought.

steads

[artscot79]

You cant nominate but the cost is down to them however it depends on age of the car the mileage and the price of the car was it sold as a runabout or approved used how much warranty did it come with

The truth is the sale of goods act does not cover every used car if the car is say 5yrs old and done 90k miles it is considered wear and tear which most waranties do not include however the dealer may make a good will gesture towards costs and u must allow the dealer a chance to rec ify the fault before refusing the car .
they have fulfiled there legal obligation to fix the car and can refuse to accept the car as a return. the sale of goods act isnt as clear cut as the posts suggest as said age mileage and price come into it its accepted a car with a certain mileage of a certain age will have issues which is reflected in the price you paid .
a car at 2k will be accepted to have issues thats why its 2k compared to acar at 4k ask any citizens advice they will tell you the same.
I have dealt with it for my parents who had a radiator and power steering go in a week the dealer paid no costs and was not legaly entitled to.

[young fez]

i bought my car from a local dealer and the turbo blew after a month,took the car back and they said it was nothing to do with them,i got in touch with trading standards who told me to take the car back to them and leave it there and said write them a letter giving them 3 opitions repair the turbo or replace the car or refund the car price,they !Removed! themselfs and repaired the turbo.

[Nigel S]

You can expect replace, refund or repair. How they do the latter is at their discretion not yours. Any repairs, of course, must be done properly.

[reppiz]

Just an update, the turbo was completely knackered and they are going for a new but have intimated a small contribution from myself, which I am not that happy about but want my car back! I've been paying £50 p/w on insurance for a courtesy car so I'm not made of money ( as my nan would say!)

[gregers]

Just an update, the turbo was completely knackered and they are going for a new but have intimated a small contribution from myself, which I am not that happy about but want my car back! I've been paying £50 p/w on insurance for a courtesy car so I'm not made of money ( as my nan would say!)

have you contacted the peeps i post a link to????
as said when i had problems,the supplying dealer was OBLIGED TO GIVE ME A HIGHER CAR,1st time was for 2 days,the 2nd time was for 2 weeks i didnt even put down a deposit etc,because i refused to,like you i had already paid out in good faith for a car,i didnt have any more.
i would certainly get confirmation(legal)of my consumer rights,then hit the dealer with them.

[reppiz]

have you contacted the peeps i post a link to????
as said when i had problems,the supplying dealer was OBLIGED TO GIVE ME A HIGHER CAR,1st time was for 2 days,the 2nd time was for 2 weeks i didnt even put down a deposit etc,because i refused to,like you i had already paid out in good faith for a car,i didnt have any more.
i would certainly get confirmation(legal)of my consumer rights,then hit the dealer with them.

Hi Gregers, yeah I contacted them cheers, the general consensus was give the dealer at least one chance to redeem themselves which in all fairness is what I am doing, that said, they have organised a courtesy car but I am paying the insurance, plus I paid the towing charges so I think the best way is get my car back then bang in a claim through the small claims and claim as much as I can online.

[gregers]

im pretty certain that when you tell the dealer you are going down the small claims route,they will !Removed! themselves.
when i threathened my dealer,i gladly told him it will cost me 75 quid.IT WILL COST you an awful lot more because you have to turn up with a solicitor whether this is true or not but a bit of bravado didnt cost me nothing lol.funny that he soon bent over backwards and was as nice as pie to get my problems sorted.