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Faulty car at nearly 6 months

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  • Faulty car at nearly 6 months

    Hi, I would be really grateful if anyone can help. We bought a car from a small scale dealer 5.5 months ago. Within the first 30 days we had a problem with an engine management light - the dealers were really unhelpful but advised we needed to use the warranty we took out (AA warranty) to resolve it, which we did as this was much easier than the hassle of continuing to deal with them. The car has more recently been suffering a loss of power and we have just had it checked out at a local garage who have advised that the head gasket is the problem and that this will be in the region of £2000 to fix, which is well above the amount covered by the warranty (£1k per claim). So, after a bit of googling I 'think' we can email something along these lines. However, I am a bit worried that we are getting really close to the 6 month mark and so am not sure if we just need to have started the process of trying to resolve it before then, or if we lose our rights at 6 months even if we have advised them of the problem within the time? Particularly because of this I am really keen to get any advice on anything we need to include/exclude. Thank you so much

    Dear Sir/ Madam

    Ref: Car Reg

    On 2nd April 2024 I purchased, and took delivery of, the above vehicle from you. On 12th September 2024 I discovered that it was not of satisfactory quality: the car has a head gasket fault and was diagnosed to need significant repairs at an estimated cost of xxxx


    The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.

    Having sought further legal advice and after speaking to the Citizens Advice Bureau they have advised me that as the vehicle is within the first six months following purchase any faults are deemed to have been present when purchased. As such you are required to repair the vehicle at your own cost and with as little inconvenience to ourselves as possible. If you are unable to do so, I expect to be reimbursed the original purchase price of [£xx], minus an agreed amount for fair usage.

    In accordance with my rights bestowed by The Consumer Rights Act 2015 I require you to repair the vehicle within a reasonable time and without significant inconvenience to myself. I would remind you that you are required to bear any necessary costs incurred in doing so and this includes the costs of collection and return of the repaired vehicle to me.


    If you are unable or unwilling to repair the vehicle whilst bearing any necessary costs in doing so, I am legally entitled to reject the vehicle and to receive a refund.

    I look forward to receiving your written response within 7 days.
    Tags: None

  • #2
    Hi
    Welcome to LB
    How did you pay for the car? How many miles have you added to the milometer?

    How did the AA fix the fault with the engine management light?

    I would include the problem with this warning light in your letter and the dealer's advice to contact the AA (warranty provider) which you did.

    Other than that, I can't see anything wrong with the letter, 9 out of 10

    Comment


    • #3
      Thank you! We paid £2895 and have done approx 4000 miles. It was a problem with the sensor (I think but can double check this). Thank you - that is really helpful

      Comment


      • #4
        Did you pay any money by credit card or take out finance?

        Comment


        • #5
          Sadly no, all by bank transfer

          Comment


          • #6
            Originally posted by ALI2024 View Post
            Thank you! We paid £2895 and have done approx 4000 miles. It was a problem with the sensor (I think but can double check this). Thank you - that is really helpful
            I have just checked and it was the pre cat oxygen sensor which needed to be replaced

            Comment


            • #7
              I am not a mechanic and know very little about car mechanics
              I have read that a faulty catalytic converter or a blocked dpf can cause a loss of engine power.
              Perhaps a faulty sensor was not the real problem?
              I thought that if the car had a blown head gasket, coolant would mix with the oil. The coolant level would drop too quick

              If you can, please keep forum readers updated with the dealer's reply

              Comment


              • #8
                Hi again and thanks for the help. Have sent off our email and will update on what happens! Yes I have wondered about whether the sensor was the problem/ the only problem but not a mechanic either. Will see how they respond...

                Comment


                • #9
                  Ok so no reply at all yet. Just anticipating this continues beyond our deadline - what do we do next? They also display that they have committed to AA Cars Standards - do we involve the AA in trying to resolve it? Of course they could just be composing an amazing reply where they organise collecting the car for repair, but it would be good to be ready for the next steps if needed

                  Comment


                  • #10
                    You need to find out if the dealer is an AA Cars dealership and is accredited to the AA Dealer Promise Code
                    If they are the AA provides a free ADR service
                    The AA if they agree to mediate, will determine the right course of action in line with CRA 2015

                    If you end up having to start a court claim, you will need a qualified auto engineer's report on the fault. If you win your claim you should get the cost of the report back

                    Comment


                    • #11
                      Originally posted by Pezza54 View Post
                      You need to find out if the dealer is an AA Cars dealership and is accredited to the AA Dealer Promise Code
                      If they are the AA provides a free ADR service
                      The AA if they agree to mediate, will determine the right course of action in line with CRA 2015

                      If you end up having to start a court claim, you will need a qualified auto engineer's report on the fault. If you win your claim you should get the cost of the report back
                      Oh that is good news - their website says they have signed up to the Dealer Promise code so that sounds hopeful!

                      Comment


                      • #12
                        AA mediation is a free service and you don't need to obtain an expert report

                        Comment


                        • #13
                          Well, we have finally heard back from the garage to say its nothing to do with them as the fault happened recently (even though it is within 6 months). We are going to raise a complaint through the AA (as they have signed up to the dealer promise)...

                          Comment


                          • #14
                            Thanks for updating the forum.
                            We'll be interested to know what the AA decides

                            Comment


                            • #15
                              Originally posted by Pezza54 View Post
                              Thanks for updating the forum.
                              We'll be interested to know what the AA decides
                              Just to say we have launched the AA process and are waiting to see what happens next. In the meantime the car is sat on our drive and we are having to pay for costly extra insurance so my son can drive my car instead

                              Comment

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