Gear box gone do I have any redress ?

[RobYork]

My Neice bought a used car 2 months ago, from a dealer:

Vauxhall Astra.

06 Plate.

£4995.

80.000 miles on the clock.

 

 

She has drove it for about 1,000 miles, the gearbox has gone, does she have any legel redress ?

 

 

Many thanks.

[sailor sam]

Her first step is to contact the seller and ask him to take a look at it and carry out any necessary repairs. Has she done this? Under the SOGA, the seller has to prove that the problem was not there at the point of sale.

[RobYork]

Her first step is to contact the seller and ask him to take a look at it and carry out any necessary repairs. Has she done this? Under the SOGA, the seller has to prove that the problem was not there at the point of sale.

 

 

She has not contacted the dealer, as she was given a “30 day warranty” which has run-out, she and I both believed that as a result, she had no legal right to ask for the gearbox to be replaced free of charge.

 

 

According to what I have read on another thread, the dealer may still have to replace the gearbox free of charge.......

“Reversed burden of proof”

Means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale.

 

 

If a consumer is seeking any other remedy the burden of proof remains with him/her.

 

 

In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed.

 

 

If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.

 

 

This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.

 

 

 

 

I am concerned as per the mileage on the car.

[Bang!]

A warranty cannot lessen your legal rights. They could offer a 25 second warranty and you would still have the same law protecting you.

 

Was it Arnold Clark (famous for their 30 day warranties)?

[RobYork]

A warranty cannot lessen your legal rights. They could offer a 25 second warranty and you would still have the same law protecting you.

 

Was it Arnold Clark (famous for their 30 day warranties)?

 

It was not Arnold Clark.

Does she have any legal redress ?

[2ltr16valve]

Yes, Sale of Goods Act.

 

I do not think the burdon of proof of six months is relevent here as I think that applies to new items only.

 

 

What I think would cover this, is "fit for intended purpose" and "not as described" as I assume it was sold in good condition ? A gearbox going after 1000 miles, says too me there should have been signs before hand.

[Bang!]

Forget the warranty - it is the Sale Of Goods Act that covers the car.

 

However, the dealer will initially act as if their warrant was your only protection.

[RobYork]

I do not think the burdon of proof of six months is relevent here as I think that applies to new items only.

 

Yes, I thought the same, that the burden of proof of six months applies to new items only.

[Bang!]

Its based on what you paid, and how long you would expect that type of item at that price to last.

 

Parts that wear are largely excluded if legal when bought.

[sailor sam]

Yes, I thought the same, that the burden of proof of six months applies to new items only.

 

Not correct. And as Bang says, a warranty cannot reduce or remove your statutory rights. I suggest she contacts the dealer and see what happens. Come back and tell us.

[RobYork]

Not correct. And as Bang says, a warranty cannot reduce or remove your statutory rights. I suggest she contacts the dealer and see what happens. Come back and tell us.

 

"Statutory rights" exactly which statutory rights are you refering to, please be specific, please do not just quote an Act, rather, quote the exact part of that act which applies here.

I shall be phoning the dealer in the morning, as they are about 40 miles away, I shall let you know what happens.

[sailor sam]

http://www.oft.gov.uk/shared_oft/reports/676408/OFT1152con.pdf

 

Pay particular attention to page 26 chapter 8.

[RobYork]

 

Many thanks,

It is page 30.

[sailor sam]

Many thanks,

It is page 30.

 

Lol, there is a reference made to it on page 26 as well but hey ho, you know have the info I gave in post 2 confirmed.

[RobYork]

The final outcome.

 

The dealership sorted out the gearbox.

 

 

They offered to pay 75% if I paid 25% which I thought was a “Reasonable offer,” which I accepted.

 

 

Had the offer been made, had I not mentoned SOGA I will never know.

 

 

Many thanks to those who gave advice.

[sailor sam]

Your'e welcome.

[heliosuk]

Your contribution will be the "betterment" figure which on balance should have been a bit higher so a good result it would seem. Seems like garage has acted fairly and responsibly here.