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Consumer rights if a free of charge replacement fails prematurely

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  • Consumer rights if a free of charge replacement fails prematurely

    If a car engine is replaced free of charge by a main dealer but without warranty - including workmanship, and subsequently fails within the first few thousand miles, does consumer rights apply? I have been told that consumer rights apply only to paid-for products not free of charge replacements.

    What legislation could be used in such a circumstance?

    Thanks!
    Tags: None

  • #2
    Originally posted by TheFatWomble View Post
    If a car engine is replaced free of charge by a main dealer but without warranty - including workmanship, and subsequently fails within the first few thousand miles, does consumer rights apply? I have been told that consumer rights apply only to paid-for products not free of charge replacements.

    What legislation could be used in such a circumstance?

    Thanks!
    Without knowing exactly why the dealer changed the engine it's not possible to advise.

    (eg I'm sure the dealer didn't do it just because they felt like it. Was it an attempted repair/replacement or what?)

    Comment


    • #3
      Originally posted by Manxman View Post

      Without knowing exactly why the dealer changed the engine it's not possible to advise.

      (eg I'm sure the dealer didn't do it just because they felt like it. Was it an attempted repair/replacement or what?)
      Engine damaged beyond repair and replacement provided free of charge by manufacturer. Subsequently this goes belly-up after 6,000 miles. This was at zero cost to me, so I do not believe the consumer rights apply because any contract between the dealer and me would have been a gratuitous one. My understanding is that consumer rights only applies if consideration is present i.e. goods are paid for.

      Comment


      • #4
        Why would a free of charge replacement engine be supplied for a damaged engine?

        How did that unit become damaged?
        How old was the damaged unit?

        How old was the replacement unit when it too failed.

        Without knowing the full facts it is difficult to advise, but if the original unit was replaced because it was unsatisfactory.as per CRA 2015 it might be that CRA 2015 applies to the new unit as well.

        So please tell us the complete back story!

        Comment


        • #5
          very vague information as reasons and manufacture free replacement then goes wrong again - reason given in 1st place as to problem caused initially?

          Comment


          • #6
            TheFatWomble - assuming that you must have paid for the car originally (including the engine) then if the seller replaces the engine free of charge because it was faulty when you bought it and its condition was therefore in breach of the Consumer Rights Act 2015 (legislation.gov.uk) when you bought it, then if the free of charge replacement engine also fails, you are still protected by the legislation.

            So to go back to my original question, why did the seller replace the engine free of charge? In my experience car dealers don't replace "damaged" engines. It's difficult enough to get them to acknowledge faults that were present at sale, let alone subsequent damage.

            So what are the actual details of what happened?

            (Hint: when you say the engine was replaced because of "damage", it suggests that the "damage" was something that occurred post-purchase and was not present at purchase, or was not caused by some fault present at purchase. But if that was the case, why would the dealer replace it FOC...?)

            Comment

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