Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 18 of 18
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    drivingoverlemons Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    9

    Default Car Breakdown - Who's Liable for the Bill?

    My wife and I recently purchased a car from a well known Main Dealer in Scotland which was an hour's drive from home.

    It's approximately 18months old, with just over 21k miles on the clock and so still has the remaining 18 months Manufacturer's Warranty. According to the service booklet, the car was stamped to say it was given its routine service just a handful of miles before we bought it (although judging from the fact the engine oil is jet black and we had to have the handbrake tightened after buying it, I have my doubts as to whether this might just be a cursory stamp - but I've no way of proving it)

    After covering less than 1000 miles since our purchase 6 weeks ago, the car has broken down (on Friday 13th last week as it turned out) and had to be recovered on the back of a low loader to a Main Dealer of the car's same make within a few miles from home.

    At the time of the Breakdownicon, my wife was in it with our 3 children and so didn't have the luxury of having it taken to the dealer from where we bought it, which was also a main dealer of the same make.

    The Dealer where the car was recovered to is undertaking an examination as to the cause of the problem, and suspects it may be the gearbox, but he can't be sure until the full investigation is complete (should be in the next 48 hours).

    Meantime, and a matter of a couple of hours of the breakdown occuring I phoned the supplying dealer to inform him, and was met with such a couldn't care less attitude, with him adding that (and without him knowing the exact cause) we would be covered by the balance of the manufacturers 3 year warranty. He assumes that it is a warranty issue!

    If the problem does turn out to be a Waranty Claim, then all well and good (or not so good I guess), but at least the Manufacturer will cover the cost.

    My issue is, in the event that it's a non Warranty problem, I will be liable for the cost of the repair.

    Having covered less than 1000 miles since buying the car, I'd be grateful for any feedback on whether I'd have a case for asking the supplying dealer him to pay the Bill.

    I have since contacted the supplying dealer in writing to inform him / confirm my conversation from Friday after the breakdown, but the email doesn't go so far as to ask him to cover the cost, which would only apply if it's a non warranty issue. Without knowing the full picture myself at this stage, I didn't feel inclined to make that request at this stage.

    Thoughts & feedback would be most welcome.

    Thanks


  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    flyingscot Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    13

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Quote Originally Posted by drivingoverlemons View Post
    My wife and I recently purchased a car from a well known Main Dealer in Scotland which was an hour's drive from home.

    It's approximately 18months old, with just over 21k miles on the clock and so still has the remaining 18 months Manufacturer's Warranty. According to the service booklet, the car was stamped to say it was given its routine service just a handful of miles before we bought it (although judging from the fact the engine oil is jet black and we had to have the handbrake tightened after buying it, I have my doubts as to whether this might just be a cursory stamp - but I've no way of proving it)

    After covering less than 1000 miles since our purchase 6 weeks ago, the car has broken down (on Friday 13th last week as it turned out) and had to be recovered on the back of a low loader to a Main Dealer of the car's same make within a few miles from home.

    At the time of the Breakdownicon, my wife was in it with our 3 children and so didn't have the luxury of having it taken to the dealer from where we bought it, which was also a main dealer of the same make.

    The Dealer where the car was recovered to is undertaking an examination as to the cause of the problem, and suspects it may be the gearbox, but he can't be sure until the full investigation is complete (should be in the next 48 hours).

    Meantime, and a matter of a couple of hours of the breakdown occuring I phoned the supplying dealer to inform him, and was met with such a couldn't care less attitude, with him adding that (and without him knowing the exact cause) we would be covered by the balance of the manufacturers 3 year warranty. He assumes that it is a warranty issue!

    If the problem does turn out to be a Waranty Claim, then all well and good (or not so good I guess), but at least the Manufacturer will cover the cost.

    My issue is, in the event that it's a non Warranty problem, I will be liable for the cost of the repair.

    Having covered less than 1000 miles since buying the car, I'd be grateful for any feedback on whether I'd have a case for asking the supplying dealer him to pay the Bill.

    I have since contacted the supplying dealer in writing to inform him / confirm my conversation from Friday after the breakdown, but the email doesn't go so far as to ask him to cover the cost, which would only apply if it's a non warranty issue. Without knowing the full picture myself at this stage, I didn't feel inclined to make that request at this stage.

    Thoughts & feedback would be most welcome.

    Thanks
    Sounds similar to my story here! You might get some advice from that- 6 days is a bit different from 6 weeks, but still well within 6 months.

    If it is a diesel not uncommon to have black oil very soon after an oil change.


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    drivingoverlemons Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    9

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Thanks for that Flying Scot. Forgive my ignorance, but what's the implication of 6 months?


  4. #4
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    raydetinu Informative raydetinu Informative raydetinu Informative raydetinu Informative raydetinu Informative raydetinu's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2008
    I am in
    camborne
    Posts
    3,133

    Default Re: Car Breakdown - Who's Liable for the Bill?

    The dealer should put problem right irrespective of warranty; see sale of goods act; vehicle must be of merchantable quality with no major defects.


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    flyingscot Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    13

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Quote Originally Posted by drivingoverlemons View Post
    Thanks for that Flying Scot. Forgive my ignorance, but what's the implication of 6 months?
    From memory the earlier a fault occurs it is the better but 6 months is the tipping point from dealer having to prove fault wasn't there to the onus being on you proving something. Someone might be able to expand on that.


  6. #6
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    the computer room.
    Posts
    9,342

    Default Re: Car Breakdown - Who is Liable for the Bill?

    Your first call should have been to the seller informing him of the Breakdownicon and what his intentions were. To give the go ahead to another garage to repair it without consultation/agreement of the seller will result in you footing the bill.

    Is this a Peugeot?

    For info, don't start another thread on the same subject, it gets confusing as there are already replies in your other thread.

    Click on the to the left and ask a moderator to move it for you.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    drivingoverlemons Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    9

    Default Re: Car Breakdown - Who is Liable for the Bill?

    Thanks Conniff. It's a Chevrolet


  8. #8
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    the computer room.
    Posts
    9,342

    Default Re: Car Breakdown - Who is Liable for the Bill?

    You can ask the seller to contributeicon, but he has no proof now of what the fault was and if it required the amount of work being done. If a repair could have been affected by an adjustment, that is what they would have tried in the first instance whereas another garage is only interested in getting profitable work.

    You will have a struggle on your hands with this one

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  9. #9
    Site Team IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Fife
    Posts
    8,261

    Default Re: Car Breakdown - Who's Liable for the Bill?

    threads merged

    Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.


    CAG depends on donations. Please consider making a donation - however big or small.


    You can also help CAG by downloading and using CAG'S FREE TOOLBAR:
    Please read:
    http://www.consumeractiongroup.co.uk...hp?f=191&a=182

    LOOKING TO DEAL WITH YOUR DEBTS?: READ HERE

    http://www.consumeractiongroup.co.uk...ne-Don-t-Panic!


    Any opinions are without prejudice & without liability.

    http://www.consumeractiongroup.co.uk...i-dummies.html

  10. #10
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    the computer room.
    Posts
    9,342

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Quote Originally Posted by raydetinu View Post
    The dealer should put problem right irrespective of warranty; see sale of goods act; vehicle must be of merchantable quality with no major defects.
    Ray the regs have changed and now read 'of satisfactory quality'.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  11. #11
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    heliosuk Highly informative heliosuk Highly informative heliosuk Highly informative heliosuk Highly informative heliosuk Highly informative heliosuk Highly informative heliosuk Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2009
    Posts
    1,477

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Anyone know how it's possible to determine that a used car is of "satisfactory quality" as surely this is subjective.

    Just a query and not really related to the post but perhaps might need a sticky.


  12. #12
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    flyingscot Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    13

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Quote Originally Posted by heliosuk View Post
    Anyone know how it's possible to determine that a used car is of "satisfactory quality" as surely this is subjective.

    Just a query and not really related to the post but perhaps might need a sticky.
    Independent report by mechanic? It is subjective hence lawyers make money.


  13. #13
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    scaniaman Novitiate scaniaman Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2008
    I am in
    Beautiful rural Scotland
    Posts
    692

    Default Re: Car Breakdown - Who's Liable for the Bill?

    DOL, which dealer did you buy car from?


  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    drivingoverlemons Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    9

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Just wanted to let all those valuable contributors have an update on the situation, which has been resolved.

    1) The Vehicle Manufacturer, Chevrolet, has rejected the warranty claim from the main dealer where the car is on a ramp in bits at the moment.

    2) After my asking them to re-visit the investigation at my own request, Chevrolet has again stood by their decision on the verdict of wear & tear / driver problem (thats after only 21k miles from new and 800 since I bought the car at 18 months old from new).

    3) At the same time as being in contact with Chevrolet, we have also updated the main dealer's Head Office in Glasgow whom we bought the car from 6 weeks ago - Peter Vardy. Following a call to them at about 5.50pm on Tuesday 17th, we got a phone callicon back from them yesterday to advise that they were about to give authorisation to the repairing dealer for all the work to be carried out at Vardy's expense.

    4) The Chevrolet dealer where the car is awaiting repaired has ordered the parts and we expect to have the car back on Friday.


    Thanks to all those above who have contributed and so helped me avoid a bill to the tune of £1500.


  15. #15
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    14,663

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Hang on, this is Daewoo (of old). Their warranty, even if it DID apply - isn't transferrable (unless you've seen in print that it is). My Matiz only had a warrantry that covered the initial or first owner.

    For cases when a warranty DOES apply - this can mean that the affected PARTS are replaced free of charge, but NOT any consequential issues of the fault OR the time charged by the service centre - so the implications of cost isn't solely totally free/pay for everything.


  16. #16
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    drivingoverlemons Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    9

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Buzby, It sounds like things have changed since the former Daewoo days. Section 5 in the Vehicle Warranty booklet for the Chevrolet I own quotes - "If you buy a used Chevrolet car, any remaining period of the new car warranty will be transferred to you"


  17. #17
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    14,663

    Default Re: Car Breakdown - Who's Liable for the Bill?

    Dood to hear! One less problem then!


  18. #18
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    drivingoverlemons Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    Posts
    9

    Default Re: Car Breakdown - Who's Liable for the Bill?

    One final update for you all.

    The car has been fixed and we got it back on Saturday - all ok !!

    The supplying dealer authorised the work and agreed to pay the full bill at their expense.

    Thanks to you all for your contributions.



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE