What are my rights regarding warranties (only had the car for 1 week!)

DazQ87

DazQ87

DazQ87

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OK, last week I part exchanged my 3d Astra CDTI for a VW polo GTI from a local trader.

Everything was fine and I was loving the car (it's much nicer filling up from the green pump than the black pump :D), however this evening I have descovered a loud knocking noise comming from the front left of the car; this happens at any speed (but is more promenant at low speeds) even over the slightest dip or bump in the road. With the windows down it sounds really loud like metal on metal and like something is either loose and/or banging about.

I have had a quick look but I cant really tell what the problem is (I am certainly not a mechanic).

Anyway, the car was RAC inspected and fully serviced/MOTed prior to me picking it up, and I was also given a 6 month RAC warranty. However, looking through the warranty book there is no mention of suspension at all it just says:

"Drive shafts, universal joints and couplings and constant velocity joints (excluding gaiters and bushes)"

I assume this means I am not covered by the warranty for this.

I presume I must be within my rights to have this fixed (I assume suspension is not a consumeable item) by the dealer in some shape or form based on the short amount of time I have had the car, and it being covered under the sale of goods act as being unfit for purpose?

Anyway I will be giving the a call tomorrow and update, if anybody has any ideas what the problem may be or advice on how to proceed in dealing with the trader then it would be appreciated.
 
If it didn't knock when you bought it and has happened suddenly, could well be a spring has just broken. Otherwise a suspension/arb bush. Either way suspension parts are very much consumables so I dont fancy your chances of getting the trader to fix, but may as well try your luck anyway.

You got a warranty which only covers driveshafts?? Bizarre.
 
It certainly wasnt like it when i bought it.

The part of the warranty I quoted was the most relevent, it covers many other things as well, they were just the most suspension like parts I could find.
 
Would the RAC inspection not count as proof, (Not that I have a very high opinion of the RAC after past experience) that the fault was not present at the time of purchase (and passing an MOT).

Also regarding the noise, I have driven to work very carefully (so much so I managed a whopping 39mpg!) however, on my journey I was driving through a village at ~25mph with the windows down, I can still hear the noise, I pass over a couple of traffic calming rumble strips and the noise is still present, then a few seconds later it sounds even worse.

Then the noise magically stopped! At the time it sounded like whatever it was had broken off or fallen out. The car seems ok without it, the handling seems ok and its not sitting any lower or showing obvious serious problems.

Given that it was driven for ~15 miles making the noise it seems unlikely that it was a stone or debris stuck in it but thats always a possibility.

Will borrow a jack and have a look with a couple of collegues at lunch.
 
act smiley said:
If its only been a week, then its up to him to prove it wasn't there rather than the other way around.
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OP already said it wasn't like that when he bought it. Whatever it is it sounds likely to be a worn/broken suspension part so is consumable and the fault appeared after the sale. I think the seller will be under no obligation at all, and OP's best hope is good will from the seller.

EDIT: just seen the OPs post above. I'm going even more firmly with my original thought a spring has broken. Just the very end broken which has now fallen out and away hence your noise has stopped. Will fail MOT if noticed. Could still be other things, of course, so definately a good idea to get wheel(s) off to have a good look and wiggle bushes with a big screwdriver/crowbar to see if any are obviously moving around excessively.
 
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Are you sure that warranty is actually a warranty? They are often just an extension of a breakdown service. If your car cannot be fixed at the roadside they will pay for it to be fixed at a garage. However, if you take it to the garage yourself the RAC warranty won't be valid.
 
The dealer must prove within the first 6 months that the fault was not present at time of sale. RAC check will not likely be valid proof as I doubt they go to the trouble of checking every single component in the suspension. What they will have done is said it looked in good working order. That does not mean a fault was not present that then failed after point of sale.

Go back to the dealer. Let them diagnose and fix. Be kind and don't get angry if he says no at first. Some dealers are actually nice and know their legal responsibilities. Some however will refuse to help. I have run into both kinds.

You are covered under your statutory rights as as consumer via Sales of Goods Act (SOGA) legislation in that the item must be fit for purpose and defect free or all defects must be pointed out and the consumer clearly advised of. In the first 6 months it is for the dealer to prove beyond a reasonable doubt that the fault was not present. After 6 months it would be for you to prove it was. 1 week after purchase he doesn't have much of a leg to stand on anyway as you would expect a car to last more than a week without a problem.

If he refuses to look at it and fix then come back and we can advise more or point you in the direction of those that can.

Contrary to popular belief, consumable parts are covered if you were not told they would need doing soon or had a reasonable chance or ability to check. I had a wheel bearing fail after 2 months on a car. Fixed under SOGA even though the garage said it was consumable. It is not reasonable to expect the average consumer to be able to check a car mechanically for items like that. Things like tyres though you will struggle with :)

Did you arrange the RAC check or did the garage? Have you seen a certificate to say it was carried out or did they just provide RAC 6 month "warranty" and say it was checked?
 
Thanks shadowman, I have actually got a copy of the RAC vehicle inspection document, there is a checkbox in the summary page which says "front suspension/steering" with a green tick in it :)

The only highlighted issue was the front nearside tyre being below 3mm (the front pair were then replaced by the dealer).

I also have a book containing the warranty details.
 
Right as an update, I had the car inspected by our local indie (hes a good bloke) turns out the bottom of the front left spring has snapped off, due to the position of the break it is still driveable. He said it would be about £70 all inc to have a new one put on.

Called the dealer where I bought the car from, the bloke said that springs can go at any time, however given the short time that I have had the vehicle he would look into it and give me a call back. Not really holding my breath though.
 
The dealer is right - springs can go at any time (particularly after a car has been parked up for a while)
 
DazQ87 said:
Right as an update, I had the car inspected by our local indie (hes a good bloke) turns out the bottom of the front left spring has snapped off, due to the position of the break it is still driveable. He said it would be about £70 all inc to have a new one put on.

Called the dealer where I bought the car from, the bloke said that springs can go at any time, however given the short time that I have had the vehicle he would look into it and give me a call back. Not really holding my breath though.
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he's correct, but that does not mean it is not his liability,

I expect he will just fix it, if it was me I would have taken it straight back.

hope he's not a chancer, but I find it hard to imagine that any dealer would refuse to fix that.
 
Well turns out they are having none of it, aparantly if it was broken when I got the car "either the MOT or the RAC inspection should have picked it up". Therefore the problem has occured since i had it (which to be fair it probably has), also its not covered by warranty as its just "wear and tear and one of thoes things". They had nothing else to say, the guy on the phone was pretty blunt and uncaring to be honest.

I'm not exactly supprised, lucky it isnt a big bill, but its still irritating and left me feeling a little mad.

I know they arn't exactly obligied to fix it but a gesture of good will may have gone a long way in this case, as my mum is on the lookout to replace her own car in the next few weeks and their forcourt almost certainly wont be on her to-go-to list...

I'll just get it fixed and move on, not going to loose any sleep over this one, I just wont be putting in a good word for them at any point in the future.
 
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The dealer is required by law to fix it. Call him back and say that under sales of goods act you want him to repair it as you feel that there was an inherent fault at time of purchase. Neither the MOT or RAC inspection will be enough for him to negate his liability under the law. Tell him you want it sorted or you will take further legal advice.

Its clear cut. Wear and tear or not its not something a consumer could check and he has a legal responsibility to fix it.

If he refuses again post again and I'll draft a letter for you to send.
 
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