Help please about used car
Help please about used car
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Discussion

Bullee

Original Poster:

18 posts

50 months

Monday 15th August 2022
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Good evening all,

I'm after a bit of advice, I bought a car around 6 weeks ago that was listed as being supplied with a 6 month warranty through warranty wise. This is also clearly stated on the receipt for the purchase too. I have still not received any paperwork for this warranty and have also contacted the trader numerous times about it. The car has now developed a starting problem and the trader seems to be ignoring me, even though he said speak to him if there are any problems with the car while I wait for the warranty. I'm now getting a bit frustrated with the whole situation, and just wondered where I stand in regards to the fact the items on the receipt have not been fulfilled?

Any help would be much appreciated.

Bullee

Original Poster:

18 posts

50 months

Monday 15th August 2022
quotequote all
I want to give him a chance to sort it, but unfortunately it's a 2 hour drive away and my other half uses the car daily for getting to and from work so can't really just take it back to him without sorting something out first. Worse case scenario is that if he still keeps ignoring me is it worth trying to return it due to the fact that the warranty wasn't supplied as stated on the receipt? This would be the absolute last step I'd want to take but don't know if I'd have a leg to stand on legally?

sunbeam alpine

7,240 posts

216 months

Monday 15th August 2022
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OP - what exactly do you want? It's not the trader's fault that you're 2 hours away.

You still have to get the car to him in order to give him the chance to see what needs fixing.

Thinking about going legal at this stage is jumping the gun a bit.


Bullee

Original Poster:

18 posts

50 months

Monday 15th August 2022
quotequote all
sunbeam alpine said:
OP - what exactly do you want? It's not the trader's fault that you're 2 hours away.

You still have to get the car to him in order to give him the chance to see what needs fixing.

Thinking about going legal at this stage is jumping the gun a bit.
It may be jumping the gun a bit, but the fact that I'm being completely ignored is ringing a few alarm bells. I'm not saying I won't take the car back to him, but I would need to sort a time with the trader to do this as it's unfeasible for my to drive 2 hours there to find out he's not actually there, and drive 2 hours back achieving absolutely naff all.

As stated, going legal would be absolutely last resort and not something I would want to do at all, but if worse comes to worse I would like to know where I stand with it.

Bullee

Original Poster:

18 posts

50 months

Monday 15th August 2022
quotequote all
The last thing I want to do is hand the car back, it's exactly what I wanted and paid strong money for it compared to other cars around the same mileage/age for this reason. It wasn't bought from a dealership but a car trader who operates from his own property, which I agree is not the best way to buy a car but I've never had a problem before, so I can't just turn up as he might not be there.

I think the main point of the post was to see what the best way to proceed would be as I can't get hold of him and the car (warranty wasn't paid extra for, but as part of the package of sale) and warranty have not been fulfilled as per the receipt (warranty has definitely not been purchased as of yet for the car).

I understand that cars do go wrong, and will need to be fixed but really don't want to have to pay for something that should be covered under the warranty that should have come with the car.

stevemcs

10,201 posts

121 months

Monday 15th August 2022
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What’s the starting problem ? Is it as simple as a battery

Bullee

Original Poster:

18 posts

50 months

Monday 15th August 2022
quotequote all
stevemcs said:
What’s the starting problem ? Is it as simple as a battery
Fuel flap in the throttle housing getting stuck closed, if it wasn't for the fact I should have a warranty I would have got this replaced already. Just don't think it's fair for me to have to shell out for this repair when it should be warrantable.

stevemcs

10,201 posts

121 months

Monday 15th August 2022
quotequote all
I had that with my moodeo,

I would start by calling the warranty company and seeing if the policy is active

If it is, log the claim

You will then need to book it in at a vat registered garage for them to diagnose and confirm the fault

If your lucky the garage will log the claim, we won’t- warranty wise are a pain to deal with, they won’t pay the garages labour rate, if you quote for a part they query the cost and you will probably find the garage would make you pay and reclaim- if we do deal with a warranty claim then it’s down to the customer to play and claim it back

From a garages point of view you waste an hour dealing with admin time we do not have.

So even if you have the warranty in place it’s going to take time and running around on your part

Personally I would get it fixed,if you do have the warranty claim retrospectively

If you don’t send the garage the invoice.

If the garage are ignoring you then ring from another number - or enquire about another car and ask them to call you

samoht

7,163 posts

174 months

Monday 15th August 2022
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Ignore the warranty, it's irrelevant.

Why? Because in law, "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."

https://www.theaa.com/car-buying/legal-rights

I.e. the dealer legally has to take responsibility for the issue, as a car with a starting problem is not 'of satisfactory quality'.

Email the trader and inform him of the problem, and state that given the short time elapsed since you bought the car, you are expecting them to cover the repair. Explain that your partner needs the car for work, and that if you don't hear back within five working days with arrangements to repair, you will arrange to get the car repaired locally and send him the bill.

Ultimately if the dealer continues to ignore you then at some point you'll have to go through presumably small claims, but for now keep it calm but let them know what you're expecting from them.

Bullee

Original Poster:

18 posts

50 months

Monday 15th August 2022
quotequote all
samoht said:
Ignore the warranty, it's irrelevant.

Why? Because in law, "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."

https://www.theaa.com/car-buying/legal-rights

I.e. the dealer legally has to take responsibility for the issue, as a car with a starting problem is not 'of satisfactory quality'.

Email the trader and inform him of the problem, and state that given the short time elapsed since you bought the car, you are expecting them to cover the repair. Explain that your partner needs the car for work, and that if you don't hear back within five working days with arrangements to repair, you will arrange to get the car repaired locally and send him the bill.

Ultimately if the dealer continues to ignore you then at some point you'll have to go through presumably small claims, but for now keep it calm but let them know what you're expecting from them.
That's good to know, and that will be the route I will look at going if I have no luck with getting hold of him in the next day or two.

Canon_Fodder

1,775 posts

91 months

Monday 15th August 2022
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^^^ Good advice in the post above (samoht).

Don't be led down the 'warranty' rabbit hole. Stick to you rights under the CRA 2015

stevemcs

10,201 posts

121 months

Monday 15th August 2022
quotequote all
Canon_Fodder said:
^^^ Good advice in the post above (samoht).

Don't be led down the 'warranty' rabbit hole. Stick to you rights under the CRA 2015
Makes no difference though, if the dealer doesn't want to pay your not getting you money or car fixed either way.

Canon_Fodder

1,775 posts

91 months

Monday 15th August 2022
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stevemcs said:
Makes no difference though, if the dealer doesn't want to pay your not getting you money or car fixed either way.
Rubbish. Hate this type of pathetic defeatist attitude!

OP stick up for yourself and your rights.

stevemcs

10,201 posts

121 months

Monday 15th August 2022
quotequote all
Canon_Fodder said:
Rubbish. Hate this type of pathetic defeatist attitude!

OP stick up for yourself and your rights.
Its not defeatist, its a fact. If someone isn't going to pay you regardless of your rights your getting nothing. Given they are already not responding to the OP how does quoting your rights work when your the only one on the phone. You could go to the dealer but it doesn't sound like the OP is prepared to do that. Meanwhile the car still isn't working. If a dealer is willing to listen then they don't ignore you.

ninjag

1,878 posts

147 months

Monday 15th August 2022
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To echo above from my own experience, warranty company sourced the cheapest, nastiest part in existence and sent to the garage who refused to fit and binned it. They also won't always cover proper labour times or rates, so I would have to make up the difference.

Instead, when buying I get the cost of the warranty knocked off the price of the car (was £650 last time). You've still got statutory consumer rights, although not necessarily easy to enforce depending on the case. Unless it's something like a 5.0 V8 Jaguar, where I would want a full main dealer Jaguar warranty anyway, then I would stay clear of 3rd party crap.

samoht

7,163 posts

174 months

Monday 15th August 2022
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stevemcs said:
Its not defeatist, its a fact. If someone isn't going to pay you regardless of your rights your getting nothing.
There are a wide range of possible options to get money back from someone who owes it. Now, they may well not be worth the investment of time and money, and there's no 100% guarantee, but it's not the case that simply ignoring a creditor is a bulletproof defense against paying up.

The question currently is what set of steps to take to maximise the possibility of getting the trader to pay, without being overly inconvenienced by either the issue with the car itself or the process of getting it sorted.

anonymous-user

82 months

Monday 15th August 2022
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If you do not do things properly, even if you are 100% in the right you will lose at court.

So do things properly.

Contact the warranty company tomorrow without fail.
Contact the garage in writing. Email is ok. Letting them know you've contacted the warranty company
If there is no warranty, you need to write a another letter.

All fact, no emotion whatsoever..and they need to be facts.