Second Hard Car Legal Advice

[pete_m1]

Hi all,

I bought, a 57 Plate Focus, at the end of August, for £2500. However, today the head gasket has blown and know this is an expensive repair.

Could I claim against the dealer under the Sale of Goods Act

or again the Credit Car company under Section 75 Consumer Credit Act.

Any advice is appreciated. This is where I got my information from:

"

Between 30 days and 6 months

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."

http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.html

And:

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

[bensambrook]

If someone came to me 4 months after selling a car wanting some money to get it fixed I'd tell them to get lost tbh. Best thing to do is just ask though, what's the worst that can happen?

[richard150]

think you are on a road to nowhere on that one

[Ryan_Tango]

Doesn't look good but I think you should get some professional advice to see what your rights are.

[chrisroberson99]

Unlikely you'll get anything from the dealer unless some sort of warranty was provided when you bought the car.

[jmurray01]

HGF is something that can happen suddenly and there is no way in hell the seller will reimburse you for the costs incurred thereof.

[WES180]

Speak to trading standards and the citizens advice bureau as you need someone with actual trading law knowledge rather than our opinions (no offence meant). You are right in what you have found listed above although it would most likely end up as a civil matter which would have to be pursued through a small claims court at your expense if you were to lose. Its worth a few phone calls though.

[MONDEO TXS 2.2]

Have you actually spoken to the seller & asked them if they will offer a free repair ?

[pete_m1]

Have you actually spoken to the seller & asked them if they will offer a free repair ?

Not yet, i'm going to phone them today in the first instance, I was just wondering if anyone had came across anything similar.

[MONDEO TXS 2.2]

Not yet, i'm going to phone them today in the first instance, I was just wondering if anyone had came across anything similar.

Well . . . i would get their response a.s.a.p. & then if they refuse to offer assistance, you have something to work with, especially if they are legally liable.

On the other hand they may well be helpful, but you're not going to know unless you ask

[pete_m1]

Well . . . i would get their response a.s.a.p. & then if they refuse to offer assistance, you have something to work with, especially if they are legally liable.

On the other hand they may well be helpful, but you're not going to know unless you ask

Just spoke to them and they asked me to call back tomorrow, since it's a bank holiday and the garage they used in closed. If they brush me off again, then I will have to look at the next step.

[MONDEO TXS 2.2]

Just spoke to them and they asked me to call back tomorrow, since it's a bank holiday and the garage they used in closed. If they brush me off again, then I will have to look at the next step.

Well . . . that's not an unreasonable response, citing the bank holiday as a reason, so see what they say tomorrow.

What kind of dealer are they ? A large or small company ? Local ?

[pete_m1]

Well . . . that's not an unreasonable response, citing the bank holiday as a reason, so see what they say tomorrow.

What kind of dealer are they ? A large or small company ? Local ?

They are a local dealer, but they have a couple of showrooms I believe. They also have a pretty good reputation as they have around quite a while now.

[MONDEO TXS 2.2]

They are a local dealer, but they have a couple of showrooms I believe. They also have a pretty good reputation as they have around quite a while now.

Those facts should stand you in good stead i think - lets us know what happens when you speak with them tomorrow

[pete_m1]

Those facts should stand you in good stead i think - lets us know what happens when you speak with them tomorrow

After speaking to the garage the initially refused again. However, CAB claimed I still had a case, so I produced a letter took a witness down to and it over. Then they still claimed they were not responsible, but would fix it at cost price. I will have to pay no more then £300 and the fix will include a new timing belt and water pump too.

Thanks for the advice.

[simcor]

Dealers have insurance for this exact reason, if there is a failure of the car within 6 months as stated, then they have to do a repair etc etc for you unless they can prove otherwise that ther fault was not present when you bought the car from them.

But to be successful you have to do it all the correct way and give them ample time for responses to letters etc and time to repair the vehicle refund etc.

If the resolution is still not acceptable then it would be a case of going through the small claims court.

It can be pretty long winded and you may be without a car for quite some time.

That is the law and dealers have to abide by the law whether they like it or not, but most people tend to not bother with any of this even though it is part of consumer law.

A dealer is a business, they make profits and they have insurance for these scenario's

[pete_m1]

I ended up paying £340 for the New Head gasket (including skimming) and MOT. I'm happy with that, thanks for the advice.