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Used car from dealer - windscreen washer fault within 6 months


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Crucial point is that the car is 8 years old.

Nobody would expect to be defect free.

It's not a brand new car from the factory.

We must consider this before shouting CRA 2015.

There will always be some minor defects, missing undergrad bolts, worn tyres, half cooked brakes but still legal, scratches on the bodywork, worn seats etc.

If anyone wants a new car, they should buy a new car.

I dislike car dealers and garages ripping people off left right and centre, but on this occasion a little common sense should be applied.

After all it was only a dodgy connector.

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Crucial point is that the car is 8 years old.

Nobody would expect to be defect free.

It's not a brand new car from the factory.

We must consider this before shouting CRA 2015.

There will always be some minor defects, missing undergrad bolts, worn tyres, half cooked brakes but still legal, scratches on the bodywork, worn seats etc.

If anyone wants a new car, they should buy a new car.

I dislike car dealers and garages ripping people off left right and centre, but on this occasion a little common sense should be applied.

After all it was only a dodgy connector.

 

Actually, the crucial point is the proof that the fault either existed or did not, when the car was sold. As ReasonableRon has stated, whether certain people like it or not, the fact of the matter remains that if it can be proved that on the day the goods were sold that they conformed to the contract (that mainly meaning, fit for purpose, of satisfactory quality) then the retailer has no liability whatsoever. It's an uncomfortable truth that some people seem to try and gloss over.

 

Of course, the good news for us the consumer is that in most cases it's very hard to prove beyond a reasonable doubt that the fault wasn't there at the point of sale. In Surfers case on the AC condenser leaking, unless the retailer had it written and signed by Surfer that the condenser wasn't leaking, he can't otherwise prove it wasn't, so he has clearly realised he'd be on the wrong side of the fence and has paid up. But in the case of the OP, the dealer wouldn't necessarily need to have anything written and signed, it could easily be argued the windscreen washer worked on the day of the sale (as it has been working for several months) and thus the contract requirements would be satisfied.

 

A lot of this all comes down to interpretation, there's a load of grey areas in cars especially and you can rarely apply black and white law to grey circumstances. Age, mileage, price paid, various components wearing quicker than others etc. If you feel like you can win at a small claims court, you pays yer money and takers yer chances. But I think people on this forum and others need to be given the truth of the matter not just something they want to hear. Advice like "you're entitled to a repair within the first 6 months" doesn't tell the accurate truth.

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Debate is fine but let's stick to the facts and leave out words like 'wrong' please or dictate who can or can't post. The point is to advise the OP rather than have a public falling out.

 

If necessary the thread could be closed, but then that wouldn't help the OP.

 

HB

Illegitimi non carborundum

 

 

 

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The final test for grey areas is the judge decision.

In this case I would go for a 50/50; some judges could apply the strict rule that it's up to the seller to prove the fault wasn't there, some others would instead think that after 8 years the car was ok at point of sale and continued to be ok for many months until something broke.

Personally with my many used cars I experienced great luck and lemons.

It's the problem with buying a used car, surely it's not 100%, unless you are the luckiest person on the planet.

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