used car trouble

wedrum · 28 Jun 2018 at 16:08

hey guys the wifes car is not driveable it keeps cutting out, she has had it just over 3 months from a garage in warrington, they are saying they cant and wont do anything unless we get a diagnostic report, then they said they dont fix all faults ??

i am going to call the garage but wanted to no what laws are now in place, do we have to get the car to the garage or do they have to pick it up ?

Iron-man · 28 Jun 2018 at 16:12

As far as I know you have to make contact with the garage you bought it from and give them a reasonable chance to complete a long and lasting repair or replace it, then you can go through the refund process.

From consumer rights act 2015

Returning a second-hand car
If you're past the first 30 days but a problem has arisen that you think would have been there at the time of purchase, you're entitled to ask for a repair or replacement free of charge.

In most cases this will be a repair, as whoever sold the car to you will usually be able to prove that the cost of replacing it would be disproportionate.

During the first six months after purchase, it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.

But after the first six months, the onus will be on you to prove that the fault was present from the day you bought the car.

If the attempt at a repair or replacement is unsuccessful, you're entitled to a refund.

But the car dealer can make a deduction from the refund after the first 30 days for 'fair use'.

Vanquish-Storm · 28 Jun 2018 at 16:26

As above really, you can give them one attempt to repair if not they replace it. If they do neither you can get a refund but they will deduct usage. Not sure how that would be calculated.

Which garage is it?

wedrum · 28 Jun 2018 at 16:34

they are refusing repair as its after 3 months, where do we stand and what should we do next ?

Temujin · 28 Jun 2018 at 16:40

The second post details where you stand and what you should do next!

Iron-man said:
During the first six months after purchase, it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.
If the attempt at a repair or replacement is unsuccessful, you're entitled to a refund.
But the car dealer can make a deduction from the refund after the first 30 days for 'fair use'.

I'd speak to the garage, quoting this consumer rights act, and see what they say. If they still refuse then maybe the motor ombudsman and/or the Citizens Advice Bureau

wedrum · 28 Jun 2018 at 16:42

yup already mentioned that over and over

Havana_UK · 28 Jun 2018 at 16:52

Stop "mentioning" it and tell them what they need to do!

Iron-man · 28 Jun 2018 at 17:05

I would suggest you need to put your complaint and issue in writing formally and send it recorded so you have an audit trail of your letter being sent etc and then if they don't listen then take it further. i.e. small claims etc depending on values you are talking about

Roland Butter · 28 Jun 2018 at 18:19

Did the fault manifest itself during the 3 months following purchase ?
What type of warranty did the dealer give with the car ?

After 3 months of untroubled motoring surely a dealer is entitled to tell you to get
to Falkirk if the warranty [ if any ] has lapsed

wedrum · 28 Jun 2018 at 18:35

he called back, its going in for a diag. well thats a start.

Vanquish-Storm · 28 Jun 2018 at 23:10

Roland Butter said:
Did the fault manifest itself during the 3 months following purchase ?
What type of warranty did the dealer give with the car ?

After 3 months of untroubled motoring surely a dealer is entitled to tell you to get
to Falkirk if the warranty [ if any ] has lapsed

The 2nd post is the law, the dealer is entitled to follow the law. Warranty has nothing to do with it.

Who is the dealer OP?

Gaygle · 29 Jun 2018 at 08:28

akaFonzie said:
The second post details where you stand and what you should do next!

I'd speak to the garage, quoting this consumer rights act, and see what they say. If they still refuse then maybe the motor ombudsman and/or the Citizens Advice Bureau

They'll probably say that their proof that it was not present at the time of sale is that the problem only started 3 months after it was sold!

Liquidfox · 29 Jun 2018 at 13:01

It also depends what you paid for the car, if it was a £700 snotter then their within their rights to reject any claims after a period of time. You can't expect it to be perfect.

Vanquish-Storm · 29 Jun 2018 at 17:40

Liquidfox said:
It also depends what you paid for the car, if it was a £700 snotter then their within their rights to reject any claims after a period of time. You can't expect it to be perfect.

That period being 6 months but even then after 6 months if it can be proved the fault was there on day 0 and not advised by the garage they have to fix it.

The cost of the car does not matter, it might not be a great rule for businesses but its the rule.

Anything up to 6 months and its up to the dealer to prove that the fault was not there on day 0, not quite sure how they can independently do that if they don't have a garage though.

Slam62 · 29 Jun 2018 at 17:58

Also, how old is the car and what is the mileage, what did you pay for it, presumably if its the wife's it won't be a banger.

Liquidfox · 2 Jul 2018 at 13:06

Vanquish-Storm said:
That period being 6 months but even then after 6 months if it can be proved the fault was there on day 0 and not advised by the garage they have to fix it.

The fault wasn't there at day 0, the car didn't start cutting out until month 3 so I'd say surely that was that question answered?

The goods must be of satisfactory quality - If it's a £700 snotter then the garage could argue that you get what you pay for, if it's a £20k car then you'd have far more push.

Vanquish-Storm · 2 Jul 2018 at 20:31

Liquidfox said:
The fault wasn't there at day 0, the car didn't start cutting out until month 3 so I'd say surely that was that question answered?

The goods must be of satisfactory quality - If it's a £700 snotter then the garage could argue that you get what you pay for, if it's a £20k car then you'd have far more push.

It's not that simple. Just because the fault didn't show signs of being present on day 0 doesn't mean it was not there.

If it was that simple no one would ever be able to return anything faulty.

Iamzod · 2 Jul 2018 at 20:42

Liquidfox said:
If it's a £700 snotter then the garage could argue that you get what you pay for, if it's a £20k car then you'd have far more push.

Irrelevant, it's the responsibility of the garage to make sure it points out any faults, this is probably why many garages just auction off older or lower value trade in's.

jpaul · 2 Jul 2018 at 22:01

Vanquish-Storm said:
It's not that simple. Just because the fault didn't show signs of being present on day 0 doesn't mean it was not there.

nonetheless 3 months in, and no symptoms, that sounds like a reasonable buffer where the garage, for an older car can say that it is a new problem surfacing consistant with what might be expected for a car of that state (eg. with the hot weather ecu has developed problems as is possible for such a car ), hopefully you have checked oil level and other responsibilities too during your ownership.

wedrum said:
its going in for a diag

tough part of issue is getting an objective diagnostic, something you initially pay for at a reputable dealer, would carry the most weight if you need to resort to ombudsman etc.

Rroff · 2 Jul 2018 at 22:20

jpaul said:
hopefully you have checked oil level and other responsibilities too during your ownership.

Hah wait what... people don't expect to have responsibilities during ownership of a car these days!