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Used car developed fault 4 months after purchase from a Dealer

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  • Used car developed fault 4 months after purchase from a Dealer

    Hi,

    I've recently purchased a Used Land Rover Freelander 2 (2010 Plate) from a dealer (27-05-2019) (It's currently 30-09-2019 as of writing this). I've not been off-road with the vehicle before, but recently we've had really bad weather and I've been on some muddy grass. The instant I went on the wet grass, the wheels naturally started slipping (The freelander 2 has a Haldex coupler which only engages the rear wheels when slippage is discovered), and the rear wheels engaged for a few seconds. Then, I had a warning message on the dash saying "Transmission Fault - Traction reduced" which basically means the Haldex has failed, no more power to the rear wheels in my 4x4, which is a major fault.

    I went to the dealer with this information and they basically said too bad, you only had a 3 month warranty. I told them I am aware of my rights under the consumer rights act of 2015 and that the Citizens Advice Burrough specially told me there was a case for them to fix it, but they responded with i'm wrong and that I only have a 3-month warranty. They did, however, say leave the car there and they will take a look anyway, as a favour.
    I went back 2 days later, and he said they 'Reset the chip' and 'reset the bulb' (Trying to fob me off with nonsense). I jumped in and saw that the fault was still there. (They just removed the fault code, thanks guys). I asked them where did they get the work done and he refused to tell me. His exact words where "It's none of your business". I responded with the obvious, it's my car, I need to know what you've done, but they refused to tell me. They also refused to write down what they've done. They then essentially threw me out and said they won't respond to me anymore as they don't appreciate being threatened.

    I later checked my cars fault codes and the fault is gone (Still appears on the dash though) and the rear wheels still don't engage.

    I read on thecarexpert.co.uk this,

    "The Act only governs faults that were present when you bought the car, not ones that developed afterwards. That’s what warranties are for."

    While technically yes, the fault developed afterwards, the checklist they gave me saying everything they inspected, didn't actually include if the 4x4 works properly. What do I do now?
    Tags: None

  • #2
    hi & welcome

    Consumer Rights Act 2015 (CRA 2015) also states that if a fault is discovered in the first six months after delivery it is deemed that the vehicle was unsatisfactory when delivered.
    The dealer has the right to attempt one repair
    If that fails the consumer has the right to reject the vehicle.

    So you have a choice of rejecting the vehicle or getting it repaired elsewhere and charging the dealer

    It is then for the dealer to collect the vehicle at his expense and make a refund.

    Whilst you ask for a full refund the dealer can make a deduction for usage.
    Most dealers try for 45/50p per mile. Consumers should stand out for 9p and be prepared to compromise around 14/15p.

    How did you pay for the vehicle?
    If with a credit card you could commence a sec 75 claim against the card issuer.
    If with finance, the finance house is the owner of the vehicle and the rejection notice should be sent to them.

    Comment


    • #3
      Firstly, thank you for taking the time to reply, It's much appreciated!

      The dealer kicked me out when I confronted them, and they refused to sign the paper to say they attempted a repair, so I'm not sure what to do regarding getting their co-operation.

      I actually don't want to reject the vehicle, I just want the fault fixed. I'll draft a letter to my car finance people later today. Other than that, what else can I do to try and get their co-operation, as the dealer was convinced I was trying to be entitled because I had an expired warranty. (By the way, the warranty didn't cover engine, clutch or transmission, so it would have been useless anyway).

      What should I put in the letter to them? It's essentially just the dealer's word against mine, as they refused to put pen to paper.

      Kind regards

      Comment


      • #4
        Write to the finance house telling them the car is unsatisfactory because of XYZ
        Tell them the dealer has tried to remedy the defect but has failed
        You now propose to take the vehicle to ABC garage to have the fault rectified at estimated cost of £xx
        You will be looking to them for reimbursement of the cost.
        Having purchased with Hire purchase you have protection under section 75 of the Consumer Credit Act 1974 and the Consumer Rights Act 2015.

        Comment

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