Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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Hi All
I recently purchased a used Saab 9-3 on an 05 plate with 55,000 miles on the clock from a independent dealer. The car worked perfectly for 3-4 weeks then refused to start. The car came with a 3 month warranty though the warranty is not particularly comprehensive. When I contacted the dealer about the Breakdown they wanted to know what was wrong with the car and said that they would be prepared to fix it for free as long as this was covered by the terms of the warranty. I referred them to the SOGA and said that I felt that as the breakdown had occured within six months they were liable for the repair and for my costs in the meantime (e.g. hire car, replacement car etc). Without admitting any liability, the dealer said that this would not be the case if there was an issue with contaminated fuel. They offered to collect the car to examine the car and said that they would not provide me with any alternative transport at this stage. Feeling a bit paranoid because I had not yet recieved confirmation from the DVLA of change of ownership and their comments about contaminated fuel I decided to have the car examined by a local garage to gain an independent assessment of what was wrong with the car before making a decision about returning the car to the dealer. One week on and the garage have been unable to determine the cause of the breakdown (engine turns over and then fades out after a few seconds) but think that it may be something to do with the fuel pump or electrical systems. They have cleaned the fuel lines, changed the fuel filter, and replaced the original diesel in their efforts to diagnose the problem and have excluded fuel contamination. My question is whether by allowing another garage to carry out this investigative work, have I forfeited or otherwise affected my rights under SOGA and do I still have the right to reject the car, or demand repair?
OK, assuming the garage is a good one and have run a diagnostic check and assuming the check shows no faults then it must be something 'mechanical'......and we would look for a lack of fuel.
symptoms...sounds typical of fuel tank pump failing to pump fuel to the engine bay, sometimes called a scavenger pump, could be blocked or simply not running...but do try and run it with the fuel cap off, just in case the vent hole is blocked!
Also, check fuel lines under car to see if they been crushed...jacking car up when having new tyres fitted, kerbing car bottom etc.
....SAAB 9/5 Vauxhall and the usual fault of the EGR valve failing would normally just put the car into limp home and would show on the diagnostic check.
It's my understaning that you should have allowed the original garage the oppotunity to effect the repair work 1st off, this could get messy now, 'who has done what' etc
Your car dealer may well argue that it has been something done by the investigating garage and that it would now be impossible to say what was the original fault with the car and therefore they could not possibly be held responsible now. If I were you I would still take it back to them for repair, but be prepared for this argument. I'm no mechanic, but it seems that the work done would be fairly routine and you may be able to argue that you have saved them a job by getting this work done, and crucially, by paying for it, saving them money.
As for SOGA rights, you have certainly not forfeited them, but you almost certianly do not have a right to rejection. This is on two grounds; one in that there has been a lapse of a reasonable time (3-4) weeks; and two in that you have done an act inconsistent with the sellers ownership (had it worked on elsewhere).
So in summary, If they start to say you have lost the right to a remedy because someone has worked on it, point out that this was minor routine work in order to diagnose the fault. Then demand your rights under Part 5A of SOGA ie repair, replace, partial refund, refund. It is up to them what they offer in the first instance so be prepared to accept a repair.
If the car is faulty you have a right to claim damages arising from the breach of contract so float the idea past them of paying for a hire car whilst yours is being repaired otherwise they can give you a courtesy car!
Used car SOGA questions
they wanted to know what was wrong with the car and said that they would be prepared to fix it for free as long as this was covered by the terms of the warranty. I referred them to the SOGA
and said that I felt that as the breakdown had occured within six months they were liable for the repair and for my costs in the meantime (e.g. hire car, replacement car etc). Without admitting any liability, the dealer said that this would not be the case if there was an issue with contaminated fuel. They offered to collect the car to examine the car and said that they would not provide me with any alternative transport at this stage. Feeling a bit paranoid because I had not yet recieved confirmation from the DVLA of change of ownership and their comments about contaminated fuel I decided to have the car examined by a local garage to gain an independent assessment of what was wrong with the car before making a decision about returning the car to the dealer. One week on and the garage have been unable to determine the cause of the breakdown (engine turns over and then fades out after a few seconds) but think that it may be something to do with the fuel pump or electrical systems. They have cleaned the fuel lines, changed the fuel filter, and replaced the original diesel in their efforts to diagnose the problem and have excluded fuel contamination. My question is whether by allowing another garage to carry out this investigative work, have I forfeited or otherwise affected my rights under SOGA and do I still have the right to reject the car, or demand repair?
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