Dealer refused car repair within 6 months - claiming the fault is new

[Mik8]

Hi everyone,

I bought a used 2011-plate car (80,000 miles) from a dealer three months ago for £4000.

The dealer provided a 28-day warranty period after the date of sale (date of collection). During the warranty period, the dealer fixed a few issues with the car (A/C, tires, 12v socket, door hinge, etc) on 3 different occasions (one day each).

However, three months after the date of sale, and at just 1,080 miles of use, the electronic power steering stopped working (its EPS motor is stuck according to the AA recovery report).

I called the dealer, and they said "go to any VAT-registered garage, ask them for an estimated cost, and send it to us".

I went to an independent garage who confirmed the fault, and estimated the minimal costs of repair (replacement with a reconditioned unit + labour) as £1200.

I sent the cost estimate to the dealer, but they replied that "we can only contribute £200 as a goodwill gesture".

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The fault is obviously not due to wear and tear.

I thought that under the Consumer Rights Act 2015, the fault is assumed to be present on the date of sale, so I emailed the dealer asking them to cover the full cost of repair.

They replied again with the same goodwill payment offer, and they claimed "the fault is obviously new as we have had this vehicle in on 3 occasions and it was working fine."

They also had a pre-delivery safety checklist in which there is a tick mark beside "electronic power steering", meaning it was "OK". I have a copy of this checklist.

The dealer seems to be a large company but it is not accredited by the Motor Ombudsman.

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My questions are:

1. Under the law (CRA 2015), and based on the above narrative, is that fault in electronic power steering obviously "new"?

2. Isn't it possible that an underlying fault was there at the point of sale, but it was not sufficient to cause the steering to stop until after 1,080 miles of use?


Based on the answers, do you advise me to submit a small claim to court?


Please let me know if you need further details.

Many thanks for your help!

MiK8

[ostell]

The dealer has to show that it was not defective when delivered

[des8]

As per ostell the relevant section CRA 2015 sec 19 (14) For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

Note the use of the word "must". There is no two ways about it.

[Mik8]

Thank you both.

But the CRA allows the dealer to prove the fault was not present on the date of sale. Right?

I would like to know whether the dealer can prove their claim based on: (1) the pre-delivery in-house checklist, (2) the fact that the steering was working especially when the dealer had the car in for three different soccasions during the first month.

[des8]

It is for the dealer to prove in court that the fault was not present at time of delivery.
It matters not what our opinion is about the fault, we have not been able to examine the vehicle.

To conform to contract the vehicle has to be satisfactory at the point of delivery.
Included in that is "durability"
Would you expect the steering of a £4000 car, 8 years old with 80,000 miles on the clock, to fail so quickly?
IMO the vehicle was unsatisfactory at time of delivery, but it is the judge you have to convince.