2nd hand buying rights?

eddie101 · 19 Apr 2010 at 18:14

Hey guys, am just after a bit of advice.

Basically 3 weeks ago a purchased a 2nd hand car from a large 2nd hand car dealer. The car in question is a '56 Astra Twintop. I also took out a 2 year extended warranty through 'car care plan' and the main reason i took this out was the fact there are so many motors in the roof, if one fails then thats it! I was told that this warranty covered ALL electrical faults in ALL electrical components as well as the usual engine gubbins.

Yesterday when putting the roof down, one of the motors that moves a 'fin' on the side of the roof was struggling. Took it to vauxhall today and it turns out that the motor is faulty. They phone the warranty company, who then decline the request as its apparently classed and an ancillary motor. Basically the main motors are covered, but not the ones that detract the fins. So i phone where i got it from and explain that i was told this and they have asked me to take it in so they can have a 'look' at it.

Just wondering really where i stand on this situation? I have been told by the business manager at the Vauxhall dealership that the part is £250+ Vat/Fitting and the place where i bought it from should legally cover the cost of this

Any thoughts and POSITIVE input into this situation are greatly appreciated

LeeUK · 19 Apr 2010 at 18:26

These 3rd party warranties are not worth the paper they are written on to be honest. I got one included with my last car that I just took it with a pinch of salt.

DM · 19 Apr 2010 at 18:35

I believe the dealer has an obligation to sell you a vehicle fit for purpose, ie all working.

Just be polite and ask him to put it right.

Also if you can cancel that warranty for a refund, do it and put a few quid away every month for bills.

jamoor · 19 Apr 2010 at 18:50

tbh large 2nd hand car dealer should be able to sort it for you, what was the cost of repair?

eddie101 · 19 Apr 2010 at 18:57

jamoor said:
tbh large 2nd hand car dealer should be able to sort it for you, what was the cost of repair?

Its going to be around £350 inclusive of labour and parts. The vauxhall dealership are a good bunch of people and would have had it done today had the warranty ****holes authorised it!

Back to driving a Coupe for a bit

rypt · 19 Apr 2010 at 19:49

how the hell is a small motor 250 quid :/

iaind · 19 Apr 2010 at 20:10

Sale of goods act should cover something like that after only 3 weeks

eddie101 · 19 Apr 2010 at 21:06

rypt said:
how the hell is a small motor 250 quid :/

You tell me! It's essentially 1 cog in the motor assembly thats the problem. The worm gear is made of metal and the cog is nylon..... cog has worn! But to get just the cog, you have to get the whole assembly

Fr0dders · 19 Apr 2010 at 22:45

DiamondMark said:
I believe the dealer has an obligation to sell you a vehicle fit for purpose, ie all working.

Just be polite and ask him to put it right.

Also if you can cancel that warranty for a refund, do it and put a few quid away every month for bills.

this is where id go

as you've discovered, these "warranties" have so many get out clasues its untrue. They arent worth the paper they are written on.

What there is no getting out of however, is that the car they sell you should be fit for purpose. Any court would side with you in agreeing that a car fit for purpose should now throw a £300 bill for broken parts within 3 weeks.

Sales of goods act states that within 6 months, the onus is on the trader to proove the fault wasnt lieing dormant at the time you bought the car. After 6 months the onus is on you.

If they are any reputable sort of trader, they should pay for This. if they argue the toss with you and give you the runaround, dont get shirty and speak with Citizens Advice. Last time i had something like this they had a lovely draft letter outlining your rights that you can send to them and send recorded delivery outlining what you want, and when the deadline is that you will take it further if no response is received. A small claims court will easily side with you over this, so take it to small claims court if need be.

Rotty · 19 Apr 2010 at 22:53

the dealer would almost certainly to be legally obliged to sort this

and if you are still in any sort of cooling off period re the warranty then get it cancelled

Jonnybmac · 19 Apr 2010 at 22:53

I bought a 2005 bike 5 weeks ago and on the second day the stator packed in. Explained to the man who owns the shop I bought it from and he said to bring it in. Cost him £200 to fix, but I wouldnt have minded having to pay it myself, Would have been annoyed but I have the attitude that whenever you buy second hand, it could mess up the next day and its sold as seen and thats the chance you take buying second hand. I guess its his reputation at stake though, and its nice although didnt have to by rights be obliged to pay for it.