used car warranty issue
Discussion
stevemcs said:
Its all very well but if the dealer won't pay then your not getting you money anytime soon.
If he paid anything (even a deposit) using his credit card, or had the car on finance he doesn't need to worry about the dealer....https://www.financial-ombudsman.org.uk/decision/DR...
That taxi driver got a new clutch, and his cambelt done at the credit companies expense... All because it had leaking shocks.
mcpoot said:
More than 8 years after it's introduction and still most posters on PH prefer to ignore the right to redress CRA2015 gives the consumer.
And others don't understand the process it invokes.The OP seems to have taken his car elsewhere for a repair.
The CRA allows you to return the car to the seller for repair or refund.
That's fair to the dealer, they can fix it at their in-house labour rate rather than not being able to claim the VAT if they re-imburse a customer.
Paying by credit card, even just a deposit is good, it seems like the credit card co will apply some leverage to the dealer.
It may be good to be a bit pragmatic.
If you get a good car cheap, then have to spend a bit, sometimes you end up with a good, sorted car at a fair price and you should be reasonably happy about it.
If you think a car with a new DPF is better than a car with a DPF with 6 months life left in it, then it's not so bad.
No ideas for a name said:
No one is listening - it isn't anything to do with a third-party add on warranty. All the dealer wants to do is try and push you off towards them so he gets away from his responsibilities.
I am not anti-dealer, they have to make a living, but they also have to build in contingency in every sale for something going wrong - which if honourable, they will put right.
You say bought 1 month and 2 days ago... fault showed last week...
1) Did you report the fault to the dealer within 30 days? If yes, he has to repair/replace/refund unless he can prove the fault didn't exist at the point of sale (which he can't as you can't prove a negative).
2) If it is after 30 days, you still have 6 months 'warranty' under which the delaer is liable - but YOU have to prove the fault existed at the point of sale.
Reasonableness of expectation of it's fitness for porpose does come in to it... If it is 20 years old and you paid £800, the expectation would be different to it being 8 month old and paying 20k for it.
Again, it is actually enforcing your rights wich is the difficult bit.
The dealer will fob you off until you get bored, or need a car so you fix it yourself.
This 100%.I am not anti-dealer, they have to make a living, but they also have to build in contingency in every sale for something going wrong - which if honourable, they will put right.
You say bought 1 month and 2 days ago... fault showed last week...
1) Did you report the fault to the dealer within 30 days? If yes, he has to repair/replace/refund unless he can prove the fault didn't exist at the point of sale (which he can't as you can't prove a negative).
2) If it is after 30 days, you still have 6 months 'warranty' under which the delaer is liable - but YOU have to prove the fault existed at the point of sale.
Reasonableness of expectation of it's fitness for porpose does come in to it... If it is 20 years old and you paid £800, the expectation would be different to it being 8 month old and paying 20k for it.
Again, it is actually enforcing your rights wich is the difficult bit.
The dealer will fob you off until you get bored, or need a car so you fix it yourself.
A warranty is for faults which arise after the car is purchased and not for faults there at the time of purchase. These are the responsibility of the supplying dealer.
No ideas for a name said:
.
You say bought 1 month and 2 days ago... fault showed last week...
1) Did you report the fault to the dealer within 30 days? If yes, he has to repair/replace/refund unless he can prove the fault didn't exist at the point of sale (which he can't as you can't prove a negative).
2) If it is after 30 days, you still have 6 months 'warranty' under which the delaer is liable - but YOU have to prove the fault existed at the point of sale.
Reasonableness of expectation of it's fitness for porpose does come in to it... If it is 20 years old and you paid £800, the expectation would be different to it being 8 month old and paying 20k for it.
Again, it is actually enforcing your rights wich is the difficult bit.
The dealer will fob you off until you get bored, or need a car so you fix it yourself.
Not quite right, up to 30 days is the short term right to reject. Up to 6 months the fault Is deemed to have been present when the goods were purchased. Over 6 months the burden is on you to demonstrate it was there. If reported within the 30 days then I believe the right to reject is extended until resolved. After the 30 days the automatic right to reject ceases, but a resolution should still be made.You say bought 1 month and 2 days ago... fault showed last week...
1) Did you report the fault to the dealer within 30 days? If yes, he has to repair/replace/refund unless he can prove the fault didn't exist at the point of sale (which he can't as you can't prove a negative).
2) If it is after 30 days, you still have 6 months 'warranty' under which the delaer is liable - but YOU have to prove the fault existed at the point of sale.
Reasonableness of expectation of it's fitness for porpose does come in to it... If it is 20 years old and you paid £800, the expectation would be different to it being 8 month old and paying 20k for it.
Again, it is actually enforcing your rights wich is the difficult bit.
The dealer will fob you off until you get bored, or need a car so you fix it yourself.
Is the seller a member of the Motor Ombudsman?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff