Breakdown exactly 6 months after purchase, Am I covered by SOGA ?

[Dydie]

Hi Everyone

Need some advice please.

 

Purchased a 2nd hand Nissan Navara from a local Garage (Members of Good Garage Scheme)

 

They offered a 3 month warranty - it was purchased 17th Sept 2010 and on the 17th March 2011 it started making an awful knocking noise ... Now I know nothing about cars but even I knew this was a noise not to ignore so I called my breakdown recovery and had it towed back to where I purchased it.

 

I fully suspect this to be something terminal and/or very expensive, the Garage have now had my car for 3 weeks and STILL haven't had time to look at it to diagnose the problem, although they have suggested that its likely to be the crankshaft block (whatever that is)

 

They have given me a car to use which is great apart from the fact that I drive a pick up for a reason and I have been provided with an ancient gas guzzling boy racer rover which does not provide any of the practicality of a pick up! ... still it gets me from a to b so I shouldn't complain.

 

My question is ... Am I still covered by SOGA after this period of time and in respect that it is now out of its warranty period.

 

I'm not 100% certain how many miles I have done since purchase but I am pretty certain that a failure of this magnitude could not have happened overnight.

 

The car has been sold to me with FSH, a new MOT and new full service, it has also been purchased with finance.

 

I'm a little sceptical that the garage seem to know what is wrong with it when they also say they haven't had time to look at it?

 

Any advice about my rights and how to handle this would be very much appreciated

Thanks

[Boro]

Soga is not clear cut, what is the age and mileage of the vehicle?

[Dydie]

First Registered Oct 2002

Mileage at purchase 128000

 

Not sure what mileage I have added in the last 6 months

[Boro]

Unlikely to be covered then given the age and the mileage, possibly just worn bearings which can be replaced without too much bother but would need to check oil pressure to find out why they have failed, whether through wear and tear or a failing oil pump or blocked pickup, does it sound like this?

[Dydie]

Hi

Thanks for the u tube hint .. I have had a look but no mine sounds more like this one - http://www.youtube.com/watch?v=uN7qsUH8ZNM

But the engine is moving around (which it didn't before) like this one - http://www.youtube.com/watch?v=qmZmd8xMlPQ

I have looked at http://www.adviceguide.org.uk which states the following:

 

Buying from a dealer - what the law says

If you bought the car from a dealer, the law says the car must:



match its description. This means it must be as described by the seller. This includes any written description in an advertisement or catalogue; and



be of satisfactory quality. This means the car must be in reasonable condition, considering its age and make, its past history and the price paid. It must be fit for its purpose (for example, if you request a vehicle which is capable of towing a large caravan, it must be capable of doing the job). It must also be roadworthy. (It is a criminal offence to sell an unroadworthy car). A car is not roadworthy if its brakes, tyres, steering, or construction make it unfit for the road. Even if the car has an MOT certificate, this doesn't necessarily mean that it is roadworthy.

 

Replacement or repair

If the car is faulty and you have left it too late to claim a refund or you don't want one, you can ask the dealer to replace or repair it free of charge. If you do this within six months of receiving the car, and it is reasonable to expect it to have lasted for the period of time you have had it, it will be assumed that the problem existed when you bought the car, unless the dealer can show otherwise. However, you can still ask for a replacement or a repair for up to six years from the date that you bought the car, if it is reasonable for it to have lasted that long. In this case, it will be up to you to show that the car was faulty at the time of sale. The longer you have had the car, the more difficult it is to prove that the fault was there at the time of sale.

If:



it is impossible to replace or repair the car; or



replacement or repair would be unreasonably costly for the seller when compared with alternative remedies; or



the seller fails to replace or repair the car within a reasonable time of having agreed to do so, or causes you significant inconvenience

then:



you can ask for a partial or full refund. The amount of money you get back may be reduced to take account of any use that you have had out of the car.

 

I paid full market value for the car (just under £5k) so I would say its reasonable to expect the car to have lasted more than 6 months but how do you show this?

So is this suggesting the garage should repair free of charge or do some sort of partial refund taking into account the time and mileage I have had the vehicle?

 

God I hate cars ... never have any luck with them!

[Boro]

As i said its not clear cut and it needs to take into account age and mileage, given its 9 years old and has covered the mileage it has the fault could be fair wear and tear, really need a diagnosis on why it is knocking, try not to upset the garage at this point but put some gentle pressure on them to diagnose whats wrong and why, if you dont feel happy the garage will be honest you may be better getting an independent inspection or even having a reputable engine rebuilder have a listen and see what they think, ultimately you wont know the extent without having it in bits but someone who rebuilds engines should have a fair idea from having a listen

[ihateyes]

im buying a 2nd hand car the now. went on one dealer, liked a car, 3mths mot on it. i asked him to put it through an mot, he refused, but was quick to knock £150 off the price.... no thanks pal.. you know there is something wrong!!!

 

Went to another garage, and his car had 4mths, again i asked him to do MOT, which he said no problem!!

 

Gives me confidence that the garage has confidence in their own car.

[Boro]

ihateyes never rely on the mot as a sign the car is good especially where the seller does mot's in house, all the mot means is that on the day the car met the minimum standards for items tested this does not mean the car is not without faults so always inspect thouroughly and if you arent confident take someone along who knows what to look for

[Dydie]

Just to give an update on my car situation ......

 

It has required a full engine re-build along with modifications to rectify a manufacturing fault

 

The Garage initially said they would carry out the labour free of charge as a gesture of goodwill if I paid for the parts (amounting to over £3000) I said I couldn't afford it and asked if they would replace the vehicle for something else, they offered me £2500 part exchange for my car (it cost nearly £5000) so again I refused a little stronger this time and suggested that the vehicle was not fit for purpose as per SOGA and gave them the option of refunding, replacing or repairing the vehicle otherwise I would reject the vehicle and seek legal advice.

 

They took some time before coming back to me and agreeing to repair the vehicle free of charge

 

The work they are carrying out will also come with the bonus of a 5yr warranty

 

The vehicle has now been with them since the 17th March and I will hopefully be getting it back next week, they have during this time provided me with a courtesy car free of charge.

 

I geuss I have been very lucky ... yes the law was on my side but only just and I am sure many less scrupulous garages would have just walked away, this garage is part of the Government's good garage scheme which I quoted to them during a heated debate over whose responsibility it was, maybe it made a difference who knows but always go to a reputable dealer and do your homework on the make and model of car before you buy.

 

This fault would not have been picked up by any inspection but it is a common known fault for my type of vehicle, if I had researched before buying I would have chosen a different model.

 

Can't speak highly enough of this garage they have been brilliant :whoo:but they did try and make me pay for the parts so knowing your rights is invaluable!

 

Dydie

Edited June 8, 2011 by Dydie