2nd Hand Car Issue

On behalf of my niece. She bought a used car from a genuine used car dealer about 3 weeks ago. During that time she has had three faults, two covered by the warranty which they had not registered, so when she claimed they paid from the garage itself. Warranty is now registered.

Now got another problem which cost her £150 for the part. Her friend is a mechanic so he fitted it for free. Now not covered by the warranty.

The warranty does not seem to be worth the paper it's written on (I know they rarely are, but she bought it!) I've been through the terms and conditions and they've loads of ways to wriggle out of paying any claim at all - can she do anything now about that? When I spoke to the person who had sold it to her this morning and he realised I'd some idea what I was talking about, he simply said he was only prepared to talk to my niece and hung up - brilliant customer service I don't think!

Secondly given that the car has been out of action more than it has been working in the course of her ownership, does she have any recourse against the garage as unfit for purpose etc...

I know ultimately she could go to Consumer Direct, but just wanted to sound out opinions on the best way forward.

I may pop in briefly later, but otherwise am without internet until Monday (late Sunday night) so please don't feel I'm ignoring your replies - I'm just not here.

Thanks,

Caspar

[Crispybacon]

Re: 2nd Hand Car Issue

Hi Casper

Was the car bought on finance? Gives you a few more options if so...

Crispy

[charitynjw]

Re: 2nd Hand Car Issue

Hi Casper,

Why not inform the numpty that you are a litigation friend, and have absolute authorisation to act on your niece's behalf?

& you want to speak with the 'engineer', not the 'oily rag', lol

[Caspar]

Re: 2nd Hand Car Issue

Thank you both for the replies.

Yes, it is on finance, so what rights does this give her? Guess I should know, but I don't!


Not a bad idea saying I'm her legal rep. May even put on a suit and go and speak to him in person.

Thanks again for the replies and I'll look forward to finding out what rights she has. I hate people hanging up on me so I'd love to put him firmly in his place and get justice for my niece.

[CleverClogs]

Re: 2nd Hand Car Issue

Yes, it is on finance, so what rights does this give her? Guess I should know, but I don't!

I expect the dealer will, though.

Under section 75 of the Consumer Credit Act 1974 - link - the finance company is jointly and severally liable for any misrepresentation or breach of contract by the dealer, whilst the finance company can expect the dealer to pay for any damages and costs awarded to the claimant in such a case.

However, even if the dealer goes bust or is otherwise unable to indemnify the finance company, that law means that your niece would still get her money.

I hate people hanging up on me so I'd love to put him firmly in his place and get justice for my niece.

How about telling the oaf that you are calling from BBC Watchdog and that the call is being recorded for being broadcast this week?

[Crispybacon]

Re: 2nd Hand Car Issue

Hi Casper

You should contact the finance company and see what they have to say. I had a similar problem, and, as the car was bought on finance, the finance company agreed to pay for the work to be done on the car as it was not fit for purpose at time of sale (i.e. broke down within a week of purchase).

I'm not sure exactly what parts of the sales of goods act and consumer credit act come into play here but the finance company to their credit informed me this was their responsibility and those were the reasons for them to pay.

Maybe Cetelco ot someone more clued up on consumer legislation will be able to provide better input, but as I understand it your niece has more protection having bought it in finance.

Best

Crispy