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Hi all. I'm glad I found a forum like this and I hope you folks can give me some advice.
We bought a used Honda Accord X-reg from a forecort about 2 months ago. The car had a few things that the dealer agreed to fix and he put these onto the Sale Invoice (the aieral needed replacing and we paid 200 pounds for warrenty). When we collected the vehicle, he said the aerial was out of stock from Honda and if I bring the car back he will sort it out when he gets it. Also, he said the paperwork for the warrenty will be posted out to me from a 3rd party company (FirstPlus).
Anyway. To cut a long story short, 6 weeks of back and forth has lead him to still not agreeing to fixing the aerial and the warrenty doesnt exist as such (I have confirmed this from the warrenty company). So basically even though he stated on the invoice £200 for the warrenty and the aerial is to be replaced (it was originally broken), they are now NOT agreeing to anything and have been really nasty with us.
So.
Where do I stand?
They are being really bad D****EADS....its a usual case though that they dupe the consumer in, we actually thought they were really nice folks, but seems like you can't trust anyone these days.
I am thinking of writing to Trading Standards and the small claims court. I feel we have a good case as everythign they said they would do hasnt been done (as written on the invoice).
What do you think? Any suggestions about other courses of actions?
Any advice would be appreciated!!!
they are obliged to make good any repairs within the first month following the sale regardless of having a warranty,, and even though it has now been 2 months it still stands because they were made aware within the first month, go back and tell them you are aware of there obligations and if they are unhelpfull tell them you will have the car fixed elswhere and will take them to court for the full costs including legal fee's
it may help a little if you get a couple of written extimates from other garages so you can show them what the costs will be (obviously this will include labour) which they save on if they repair themselves soit might just prompt them to do the rpairs
I would write to them stating that it was a term of the contract that they repair the aerial and also to provide you with a warranty.
Therefore by failing to do so, they are in breach of contract and you are entitled to pursue them for refund of the £200 paid for the non existent warranty, plus the costs of getting the aerial repaired at another garage (get at least two, preferably three, quotes for this so you can prove the cost you will be claiming is reasonable).
Give them a reasonable date by which to repair the aerial and provide the warranty, and state that if it is not done by that date you will be carrying out the action above.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
the time delay of two months is immaterial in relation to their obligations to provide the services and goods (repair) they agreed to in the terms of the sale.
This is a clear breach of the contract and has nothing to do with aftersales care.
incidentally the Sales of Goods Act doesnt specify a time as to how long any goods must last only something along the lines of that it should be reasonable.
when faced with a business who says they cant repair something because a specifc period has passed or the warranty has expired, the question to ask isnt how long has passed but rather whether the life of the product is reasonable bearing in mind the article in question and the use to which its put i believe.
JHMO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
but the life of the product has no meaning in the op, the arial was broke at the time of sale so they are entiled to have a new arial based on the terms of sale if it was put in writing, but however you look at it they are obliged to repair as a matter of course due to being held responsible to provide a 1 month warranty irispective of having an additional (paid for warranty).
the i month stutory warranty is where the (resonable time) comes into play for most serviceable items, thats why it is mandutory for garages to provide a warranty for this period.
to replect on the original op, this garage has no option whatsoever but to make good the repairs or aggree to pay the cost of another garage reairing it, but the op - er might have to pursue a court case to get refund on his (paid for) non existant warranty
i know of a couple of places that sell cars then (put off) the buyers when they have problems in the first month.
once they are past that first month they happily repair the car under the (paid for) warranty.
they do this so the garrage itself is not shelling out to pay for repairs, but instead they actually get paid to dothe repairs by the said (paid for) warranty, basically its a win win situation for them as the money on selling then make more on repairing.
the warranty company is after all nothing but an "insurance policy" that they can claim on !!!
but the life of the product has no meaning in the op, the arial was broke at the time of sale so they are entiled to have a new arial based on the terms of sale if it was put in writing, but however you look at it they are obliged to repair as a matter of course due to being held responsible to provide a 1 month warranty irispective of having an additional (paid for warranty). You are again making unfounded posts based on what i dont know. The goods have to be of merchantable quality and fit for prupose, neither is defined in the act as i recall but are based on the what the item is and when a fault occurs. This 1 month warranty has no fundation whatsoever.
We have already established that this is not a matter of warranty this is a contrsctual breach since the OP has stated they have a writtne statement that the repirs would be carried out and were included in the sale price.
the i month stutory warranty is where the (resonable time) comes into play for most serviceable items, thats why it is mandutory for garages to provide a warranty for this period. two round spehrial objects, where do you get this drivel?
to replect on the original op, this garage has no option whatsoever but to make good the repairs or aggree to pay the cost of another garage reairing it, but the op - er might have to pursue a court case to get refund on his (paid for) non existant warranty
i know of a couple of places that sell cars then (put off) the buyers when they have problems in the first month.
once they are past that first month they happily repair the car under the (paid for) warranty.
they do this so the garrage itself is not shelling out to pay for repairs, but instead they actually get paid to dothe repairs by the said (paid for) warranty, basically its a win win situation for them as the money on selling then make more on repairing. i think you will find its actually fraudulent behaviour and has nothing to do with the law.
the warranty company is after all nothing but an "insurance policy" that they can claim on !!!
Im not sure how come you think you know so much but if you want ill find a good consumer law book on ebay and give you the link.
Jeeze man
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
whay are you having a go, i already staed the garage IS resposible based on the original sale agreement, the stautory warranty backs this up any and also lets people know herethey do have a warranty for a month if they need it.
really dont get whay your having a shout
i agreed the garage is a fault
jeeze for some reason i cant even agree without you disagreeing !!!
and as for the sales pitches i know of claiming against warranties in the manner i said, i know that is unlawful but i am just saying what goes on and is becoming more commen amongst them these days.
what i am trying to tell the public here is dont listen to excuses or delay tactics, stand your groiund becuase the law IS on your side
whay does everthing have to be so specific, is it not possible to let people know how they satand even BEFORE they run into problems
lets face it if they know there right at the time of purchase they stand a far better chance in getting problems solved or avoided in the first place
excuse me if i am wrong but although the op is specific about having an agreement which i have agreed the garage is wrong, but the thread is also titled "used car garage headaches" and therfore i am also generalising on issues to make people aware
to be precise its actualy 28 days (standard statutory rights whereby you can return faulty goods to the seller) yes this includes cars just as much as buying an ipod down the local electrical superstore
thats why purchased warranty companies refere the customer back to the selling dealer / merchant if the car goes wrong within this time scale (after all whay should the warranty company pay out for work on an item that becomes faulty within the statutory period
Used car garage headaches
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Originally Posted by gbjadyy
