Car bought from dealer : Consumer Rights Act 2015

HEADRAT

HEADRAT

HEADRAT

Soldato
Joined
18 Oct 2002
Posts
21,547
Location
Cambridge, UK
Hi,

We bought a used car from a dealer less than 60 days ago and a turbo pipe has failed, sprayed oil everywhere and killed the turbo. The warranty company has refused the claim as they say the pipe failed which then caused the turbo failure and they don't cover pipes.

Given we bought the car from a dealer am I right in thinking it doesn't really matter what the warranty company say, the dealer needs to fix the car, if they don't we can reject the vehicle?

Thanks for your knowledge :)

HEADRAT
 
HEADRAT said:
Hi,

We bought a used car from a dealer less than 60 days ago and a turbo pipe has failed, sprayed oil everywhere and killed the turbo. The warranty company has refused the claim as they say the pipe failed which then caused the turbo failure and they don't cover pipes.

Given we bought the car from a dealer am I right in thinking it doesn't really matter what the warranty company say, the dealer needs to fix the car, if they don't we can reject the vehicle?

Thanks for your knowledge :)

HEADRAT
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yes put all in writing, you get 6 months regardless of what they say.
you need to give them a chance to fix it.
 
@HEADRAT

It's clearly not you given your location, but theres a Mercedes GLC near me with a private plate of HE04 RAT. Always makes me think of you whenever i see it!
 
As 30 days has passed, you lose the outright right to reject the car, but the dealer should be repairing the car. However, dependent on the car value(?) and age(?), if it was like a £500 car with a warranty, then it's unreasonable to expect the dealer to repair the car or offer a refund and it's not required by law either - it has to be in line with the type of car, condition, age etc.
 
Between 30 days and 6 months, the onus is on the dealer to prove the fault was not present when they sold the car. Usually quite difficult to do, even if it is the case, so they're better off having the car brought back to them and repairing it. AFAIK, the price you paid for the car has little relevance, unless the defect was declared and accepted at time of purchase.
 
fezster said:
Between 30 days and 6 months, the onus is on the dealer to prove the fault was not present when they sold the car. Usually quite difficult to do, even if it is the case, so they're better off having the car brought back to them and repairing it. AFAIK, the price you paid for the car has little relevance, unless the defect was declared and accepted at time of purchase.
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To be of satisfactory quality, a car must not be faulty or broken when purchased, and it must be of a standard that a reasonable person would expect, taking into account its age and mileage if it’s secondhand. An older car with more miles on the clock is not expected to be as good as a newer one with a lower mileage, although both should be roadworthy, reliable and of a quality consistent with their age and the price paid.

e.g. if you buy a £500 diesel focus and the turbo blows on it 5 months down the line, the dealer is not really required to repair the car. It's £500
 
ShivP said:
e.g. if you buy a £500 diesel focus and the turbo blows on it 5 months down the line, the dealer is not really required to repair the car. It's £500
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There's car dealer forums where topics like this have been discussed and the general theme is that because the onus is on the dealer to prove the fault was NOT there when the car was sold, which is difficult to do, it is often less hassle to come to a compromise with the buyer.

Perhaps a £500 car may be different, but I don't see why.

Here's one example I just searched, but there's a few threads like this one and the advice given is always the same:

https://forum.cardealermagazine.co....en-warranty-claim/?tab=comments#comment-54187
 
fezster said:
There's car dealer forums where topics like this have been discussed and the general theme is that because the onus is on the dealer to prove the fault was NOT there when the car was sold, which is difficult to do, it is often less hassle to come to a compromise with the buyer.

Perhaps a £500 car may be different, but I don't see why.

Here's one example I just searched, but there's a few threads like this one and the advice given is always the same:

https://forum.cardealermagazine.co....en-warranty-claim/?tab=comments#comment-54187
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It's definitely different, otherwise I'll go buy a £200 car from a dealer shag it about for 6 months and when something breaks force the dealer to repair it.
 
ShivP said:
It's definitely different, otherwise I'll go buy a £200 car from a dealer shag it about for 6 months and when something breaks force the dealer to repair it.
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On the same forum, I read a thread a while back that there's little point in selling under £1k bangers because the potential cost of repair in the first 6 months is so high.

Anyway, I'm no expert, just going on what I've read on that particular forum. They are actual dealers with real world experiences, so I have no reason to doubt what they are discussing.
 
They "don't cover pipes". What? lol

They can sell a cheap car with a 30 day warranty, but they have to tell you that. If they didn't they have sold it with whatever they are advertising, which is at least 3 months.
 
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They can tell you it has a 30 day warranty all they like but it doesn’t change your statutory rights which is what people have been saying over. That’s the point of statutory rights, they are statutory and can’t be varied by the seller.

Good luck buying even car for £500 or even less than £1k from a dealer anyway. They’d have to have been paid to sell the car because there is zero profit in there for them by the time they spend the time sourcing the car, transporting it, valeting it, marketing it and selling it with all the costs involved in that.

OP: take the car back to the dealer and give them the opportunity to repair.
 
I think after 30 days you need let them attempt a repair. When I had an issue it was within 30 days so the right to reject was enforceable without letting them attempt to fix it.

If you research online there is a lot of information out there on the regulation. If you paid on credit card I think you have more protection also (although unsure if the 30+ thing makes a difference here).

According to the AA:


Between 30 days and 6 months
If a fault comes to light after 30 days but before 6 months you’re entitled to a repair, replacement or refund.

  • It’s assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.
  • Unless you’ve agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you’re entitled to a refund.
  • In the event of a refund following a failed attempt at repair during the first six months the seller may make a 'reasonable' adjustment to the amount refunded to take account of the use that you’ve had of the vehicle.
 
you could post a picture ...

but how has it failed , and what condition is the pipe/remains (re-inforced hydraulic type line?)
is it showing degradation elsewhere, if it blew-off at a connection , versus burst ... could reflect on how it was driven ?

eg: rubber radiator tubes(&belts) perish/crack, less able to take pressure as it ages.
 
ShivP said:
It's definitely different, otherwise I'll go buy a £200 car from a dealer shag it about for 6 months and when something breaks force the dealer to repair it.
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It's not different, in either case the dealer still has the option to refund you. On a £10k car they'd probably do the £500-£1k repair, on a £200 car they'll just give you the money back. This is exactly why you pay more to a dealer, because they have to cover stuff like this. Besides, as someone has already said, good luck buying a £200 car from a dealer
 
ShivP said:
As 30 days has passed, you lose the outright right to reject the car, but the dealer should be repairing the car. However, dependent on the car value(?) and age(?), if it was like a £500 car with a warranty, then it's unreasonable to expect the dealer to repair the car or offer a refund and it's not required by law either - it has to be in line with the type of car, condition, age etc.
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I Dont think that's entirely correct.

I had a lease from a large brand was told it had bits it didn't and mpg was half of what they claimed. Had a complaint open with them from the day I drove home, come 11 months later I'm allowed to reject the car and get my deposit back as well as some goodwill.

The car was then sold about 4month later I believe
 
So how can you be misled on the mpg of a car, with all the real world data sites ?
(on the other hand with ev's I think people could have just cause - winter time etc)

- we still need a picture of the pipe failure - for the OCuk judiciary.
 
~Divine~Wind~ said:
I Dont think that's entirely correct.

I had a lease from a large brand was told it had bits it didn't and mpg was half of what they claimed. Had a complaint open with them from the day I drove home, come 11 months later I'm allowed to reject the car and get my deposit back as well as some goodwill.

The car was then sold about 4month later I believe
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That's mis-sold rather than faulty
 
jpaul said:
So how can you be misled on the mpg of a car, with all the real world data sites ?
(on the other hand with ev's I think people could have just cause - winter time etc)
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Was told 52mpg easily achievable with the demo sitting at 50mpg and the sales chap repeatedly telling me there was something wrong with the car if I was getting anything different.
The sales chap was communicating with me via whatsapp and went into great detail as to what mpg I should be getting.
Was barely scraping 30mpg and that was pootling around like a granny haha

ShivP said:
That's mis-sold rather than faulty
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Ah suppose so aye, I was clearly just looking at the Rejection aspect haha
 
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