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Hello all i purchased a 4 year old car from a dealer with 120000 miles, several weeks later it has broken down. The car was sold to me with "no warrantee given or implied" as stated on my invoice. Do i have to contact the dealer & request they repair it or am i covered under the sale of good act to have the repairs carried out by my garage & then send send the invoice to the car dealer? They car is my property now, surely i am entitled to have my garage repair & they pay for it after, when i purchased the vehicle it was made clear that they do not give any warrantees with there cars unless requested (insurance backed warranty)
Am i within my rights to have the car repaired by my choice of garage & request they pay after?
Do you know why it overheated! have you established the cause and therfore the cost of any repair.
The SOGA does apply and no matter what they wrote on the invoice it must be fit for purpose and of merchantable quality. You must take it back, especially if it was only a few weeks ago and ask them to put it right. If they refuse then you can think about getting it reaired and sending them the bill. You must give them the opportunity first.
hello part of the cooling system failed, think it wast he pump. Do i have to give them the chance to repair it? am i within my rights just to have it repaired & request they pay
Yes, you do have to give them a chance to repair it.
Have you had it repaired already?
Sometimes, with a few reputable dealers, if distances are great they may agree to getting it fixed locally then send them the bill for small items.
However from what they put on the receipt this would be unlikely.
Phone them and see what they say.
yes i had it repaired & they are refusign to pay now. i am considerin taking them to court as i had no contract to return the car to them for repairs as it was sold without warranty. they claim they would have had it repaired for free at there cost £150. They offered me £200, i refused
As I said sold without warranty does not mean anything. You should of taken it back. I would take the £200. I dont think you would win any claim. Lot of hassle as well.
What was your bill then. £200 for waterpump seems about right.
I agree does sound excessive for just a water pump replacement! but I suppose it will depend on what sort of car and the cost of the pump.
You see the dealer where you bought it would get parts at trade and the labour could be written of, so the cost them would be minimal. but to pay another garage it just money gone out thge door, lost profit.
You must give the retailer the opportunity to repair or replace or recind at his option.
The dealer is quite right, IMO, to refuse to pay for the repair at another garage unless they first agreed to it (which they clearly did not from your posts). They have offered you £200 more than they need to - take it and get on with your life.
BTW, it could be argued that as the car is not as sold (ie parts replaced), SOGA is no longer binding on the dealer for any other problems.
ok so just because i have had my garage repair the car i wont have any come back to the dealer for other faults that may happen?
Is it correct that if the fault was not present at the point of sale, i.e the fault occured after they are not liable? they are claiming the vehicle was inspected by them & they have a detailed pre checklist of the vehicle & claim it was free of fault when i bought, although it broke down several weeks later.
ok so just because i have had my garage repair the car i wont have any come back to the dealer for other faults that may happen?
Probably. the car you now have is not the car that they sold or repaired. the parts have been fitted elsewhere. It would be for a judge to decide.
Is it correct that if the fault was not present at the point of sale, i.e the fault occured after they are not liable? they are claiming the vehicle was inspected by them & they have a detailed pre checklist of the vehicle & claim it was free of fault when i bought, although it broke down several weeks later.
No it is not correct. The dealer remains liable for a period of time. the dealer would have to prove that the fault did not exist at the time of sale; you do not have to prove that it did. Their detailed checklists doe snot absolve them of this and probably does not include waterpump function, waterpump bearing function, waterpump gasket function, etc. (you get the idea)
ok so if fault was not present at the time of sale & develops at a later stage they are not liable..... but they have to prove this within the first six months, after that I would have to prove further faults? i have spoken to large motoring group who inspect vehicles for the public & consumers, unofficially the engineer told me that no inspection would find such faults within internal components & unfortunately these things can happen.
its a golf yes they changed the belts etc
They say they have a pre check list & i should have made contact first rather than having the repair carried out. i thought i was within my rights as i own the car
Is my case now weak by having the car repaired with consulting the dealer?
ok so if fault was not present at the time of sale & develops at a later stage they are not liable..... but they have to prove this within the first six months, after that I would have to prove further faults?
That's not exactly what I said. The fault would have to be present from the time you bought the car, but could manifest itself later. Up to 6 months, they have to prove that there was no fault; after 6 months you have to prove there was.
i have spoken to large motoring group who inspect vehicles for the public & consumers, unofficially the engineer told me that no inspection would find such faults within internal components & unfortunately these things can happen.
This only reinforces what I said above. Their checklist inspection is irrelevant for this fault as it wasn't something that could be checked.
its a golf yes they changed the belts etc
Well that explains the price, I guess....
They say they have a pre check list & i should have made contact first rather than having the repair carried out. i thought i was within my rights as i own the car
They may be able to use their checklist as evidence for obvious faults, damage, etc. - but that's not a given as it is not independently verified or not (I presume) signed as agreed by the customer. They are right, you should have made contact and given them the chance to repair the vehicle. This is only fair to the seller: in an extreme case, you could collude with a third party and produce a vastly inflated bill that you would - by your logic - expect the dealer to pay. The dealer must be given the chance to rectify the fault. I suspect that you are more aware of the limitations on your rights now.
Is my case now weak by having the car repaired without consulting the dealer?
As far as the bill for the waterpump failure, it's not weak at all - it's non-existent. You will not win in court as you failed to even notify the selling dealer, never mind allow them their legal right and duty under SOGA to attempt a repair.
For any future faults that may manifest themselves, yes you have weakened your position. As explained above, the vehicle you have now, with its new waterpump is not exactly the vehicle you purchased. Any future claims would have to be on merit, but I suggest that for any engine fault you're on your own.
As has already been advised, your best course of action is to take the £200 offered and put it down to learning/experience. £200 is £200 more than the dealer is liable for
Hi, yellowmellow. Are you 100% sure that you have only been billed for a water pump and timing belt? If so, I would, in your position, be questioning the integrity of your own garage rather than that of the dealer. £500 does seem excessive. Normally we pay (for parts) approx £75 for belt and tensioner and £35-£70 for pump. Fitting the belt isn't really any extra labour as you have to take it off to remove the water pump, replacing it with new rather than the old one. If you had returned the car to the dealer for repairs (which you should have) he would have got away with a bill for less than £200, especially if he has his own mechanic. If you take the dealer to Court for the balance IMV your hopes of success are slim. I wouldn't worry too much about any future warranty work, the dealer can only argue that the waterpump and timing belt aren't covered now as the fitting of them was out of his control, but those parts should be covered by your own garage now, as you've certainly paid enough for them. The rest of the car is still his responsibility. I feel you should take the £200 and enjoy the car.
ok guys really appreciate your comments & efforts, i will use this as a learning curve however i am aware that i should have no allowed the dealer to dealt with the matter, however unfortunately a friend of a friend is a apparently a solicitor who advised me that i am within my rights to repair it.....guess he should be looking for a job at our local BP garage!
One last note, if they had the car inspected by rac & the report was all clear, where would I stand?
unfortunately a friend of a friend is a apparently a solicitor who advised me that i am within my rights to repair it.....guess he should be looking for a job at our local BP garage!
I suggest that you give him a copy of SOGA for his birthday:grin:. S.48 is the relevant part in this case (specifically S.48B)
One last note, if they had the car inspected by rac & the report was all clear, where would I stand?
They will state, to either party, that the failure was in an internal component that could not be inspected without dismantling.
AA and RAC rarely stand by their inspections and nearly always use "wear and tear" or "required dismantling" to wriggle.
however unfortunately a friend of a friend is a apparently a solicitor who advised me that i am within my rights to repair it.....
Well, aproach this "solicitor" and ask him to take on the case on a no win no fee basis. See the solicitor exit stage left.
The problem with repairing a car without the supplying dealer's authority is that the bill may be sky high or even a con, and it would be unfair to expect the dealer to pay. The correct way would be to first contact the dealer and explain the fault. If distance is an object, then get two or three quotes and let the dealer see them first, and await his ok to go ahead. Often the dealer will pay the repairer directly avoiding you paying first and having to chase him for the money.
2nd hand car Car over heated
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Originally Posted by yellowmellow
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