Car Sales and Warranty

[PocketTheDifference]

Hi All

Really hoping i can get some help here.

I bought a car about 2 months ago with 3 months warranty (even though it was advertised with 6 months...different story)

I have had problems from day one. I took it to a garage for diagnostics and then called the garage i got it from. they took it back and i showed them the print out with issues. Set it back, got it back a week later (taking the Michael I know!) and i believe all they did was change a coil pack on it. small part for the non mechanic. noticing shortly after they clearly haven't sorted out the other issues. Slow as i am I called them today a month later to tell them I have a new issue and i will call the warranty.
I did so however they have never received paper work for this apparently... I called back the selling Garage to ask about it so they have told e they cannot find anything call back tomorrow. I will do this, but listening to what they have to say they insisted that the issue i had diagnosed wasn't a problem...I do have proof of this from the diagnostic print out so that's fine. They also said they tried to claim their initial work through the warranty but couldn't so they paid out of their own pocket...if that statement was true, surely i would have a policy....

However, I am already anticipating a long drawn out process of getting this sorted. I can't do without the car however it is going to take time the situation i am in now while they try and find the paper work and wriggle their way out of helping me they have been dodgy from the beginning.

Where do I stand on this situation as they did not sort this out promptly. Where else could I get advice if nothing can be solved here.
As far as taking them to small claims ( i paid 3k for the car) how would I go about this in a timely manner, just in anticipation -

[AMVEA ENGINEER]

Re: Car Sales and Warranty

I really need to know the other issues that are on the diagnostic print out, however it sounds to me that it could be:
1) Electronic items may not be covered under the terms of the warranty, so warranty rejected.
2) The defects were present at point of sale and therefore again would not be covered under warranty.

As to where you stand is how bad is the vehicle, i.e. is it easily rectified and how did you pay for it.
If you obtained credit under the terms of the consumer credit act the credit company will be obliged to give you your money back.
If you paid cash, cheque then dependent on defects it may be a trading standards issue.

Thanks

AMVEA Engineer www.amvea.co.uk

[PocketTheDifference]

Re: Car Sales and Warranty

They are more motor related issues, Water pump, or radiator. It was the thermostat that was faulty when sold to me, But I made them aware at point of sale. however obviously only got the diagnostic print out done a about 4-5 days after purchase. I gave them the print out to take with them to fix the defects but the definatley where not changed.

I also purchased this via credit card.

[AMVEA ENGINEER]

Re: Car Sales and Warranty

Bingo,

As you purchased with credit card then bring them in to it as well as they are just as liable as the selling garage, that’s if its still defective.
If it is you made need an Independent engineer Inspection contact www.AMVEA.co.uk and they will advise you of a god one to use.



Your rights under Section 75
Under Section 75 of the Consumer Credit Act, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the company.
This means it is just as responsible as the retailer or trader for the goods or service supplied, allowing you to also put your claim to the credit card company.
You don't have to reach a stalemate with the retailer or trader before you can contact your credit card provider - you can make a claim to both the retailer and credit card provider simultaneously, although you can't recover your losses from both.
This right is particularly useful if the retailer or trader has gone bust, or it doesn't respond to your letters or phone calls.
Section 75 of the Consumer Credit Act also applies to foreign transactions as well as goods bought online, by telephone or mail order for delivery to the UK from overseas.
Making a Section 75 claim
There are some limitations to when a card company is liable along with the retailer or trader. The item or service you bought must have cost over £100 and not more than £30,000.
However, to claim under Section 75 you don't have to have paid more than £100 or the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.
It's the value of the goods you're buying that is key - not the amount paid on the card.
For example, if you ordered a new sofa from a furniture store and paid a £60 deposit with your credit card and the balance of £600 by cheque, you would be covered for the whole £660 if the dealer went out of business and you didn't get your sofa.
Section 75 gives you the same rights against the card company as you have against the retailer.
So if your claim against the trader is for the cost of fixing or repairing an item, this would be the claim you could bring under Section 75 against the card provider.
However, if you bought two items that together cost more than £100, but each cost less than £100, the card company wouldn't usually be liable.
Remember that you can make a claim even if an account is closed and that Section 75 can apply to credit card transactions made abroad.
If the item or service you've bought was under £100, you may still be covered by chargeback.


www.amvea.co.uk

[des8]

Re: Car Sales and Warranty

Sale of Goods Act 1979 gives you rights as a consumer. Forget faffing around with warranties which should be in addition to your rights.
In relation to car purchase here's a good guide: https://www.citizensadvice.org.uk/co...ght-is-faulty/
Certainly bring the credit card into play.
In the meantime write to the garage rejecting the car as unfit for purpose. They have already failed to repair it, and it was apparently sold with faults which weren't reported to you at the time of sale.

[PocketTheDifference]

Re: Car Sales and Warranty

Hi all - Still struggling with the garage. I think as i only have 3 weks warranty lef tthey are trying to push my patience and their luck!!! keep phoning them and getting excuses so this way nothing will get fixed this weekend.

If people whrere in my shoes what would you do. Call Credit Card company and try and claim back. (is this claim for repairs or claim for the car worth?)

Im not trying to be funny all i want is a working car.

Sale of Goods Act 1979 gives you rights as a consumer. Forget faffing around with warranties which should be in addition to your rights.
In relation to car purchase here's a good guide: https://www.citizensadvice.org.uk/co...ght-is-faulty/
Certainly bring the credit card into play.
In the meantime write to the garage rejecting the car as unfit for purpose. They have already failed to repair it, and it was apparently sold with faults which weren't reported to you at the time of sale.

[ostell]

Re: Car Sales and Warranty

First of all put it all in writing to the garage and get proof of posting. This will show later, if required, that you reported problems within their "warranty" period.

Secondly, as already said, the faffing about with the warranty is a pointless exercise. You have 6 months to reject the car. They have to prove that it was not defective, it's not up to you to prove that it was defective. Try and work out how to do without a car and then tell the garage that you are rejecting it and to come and pick it up. You want the purchase price for the vehicle repaid. If you have done a large mileage you may have to compromise as you have had some use.

I'm sure a letter to that effect, this time signed for, would concentrate their minds somewhat.

[PocketTheDifference]

Re: Car Sales and Warranty

Okay. After days avoiding me I have spoken to the company and they are basically not going to help. They cannot find warranty paperwork. And my only option is for me to.take it to.them.

So a little bit worried here I'm going to speak with the credit card company and see what they make of it. It's quite a nerve racking time this.

So I intend to call the monies back if this is possible and tell them to pick up the car in their own time.

[des8]

Re: Car Sales and Warranty

Okay. After days avoiding me I have spoken to the company and they are basically not going to help. They cannot find warranty paperwork. And my only option is for me to.take it to.them.

So a little bit worried here I'm going to speak with the credit card company and see what they make of it. It's quite a nerve racking time this.

So I intend to call the monies back if this is possible and tell them to pick up the car in their own time.

Whilst talking to Credit Card company also contact garage in writing (signed for)

[Your address]
[Manager/ Owner]
[Dealership address]
Dear Sir/ Madam
Ref: [registration number of vehicle]
On [date] I purchased, and took delivery of, the above vehicle [make and model] from you. On [date] I discovered that it was not of satisfactory quality: [describe the problem].
Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of [£xx]. I look forward to receiving your cheque for this sum within 14 days. If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.

The vehicle is available for collection by arrangement
Yours faithfully,

[PocketTheDifference]

Re: Car Sales and Warranty

Is this still necessary even if talking to the bank? Sounds like this is a long wind process and I'm somehow suppose to find more money to buy another car while I wait....

[wales01man]

Re: Car Sales and Warranty

Take several lines of action if necessary the bank may not give the refund they don't always its un roadworthy and you have rights as stated on here

[des8]

Re: Car Sales and Warranty

You don't have to make the claim against the dealer, but it doesn't cost anything either and I prefer belt and braces approach.