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Sold on behalf of...

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the head gasket went 20 miles after leaving the garage :( after trying to claim directly from the garage we have a letter back from the above firm.

 

Anyone else had dealings with them?

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Failing that would anyone be willing to take a look at our case and try to offer any unbiased opinions? Obviously I do not want to post all the details on this forum.

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I've posted a little bit about my problem but thought I would start a new thread.

 

In brief.....

 

Bought a car for £4k, Head Gasket blew on the way home from garage - 20 miles, dealer repaired and on the repair estimate has written "work carried out and paid for by ANON motors, 12 month warranty" (it's not signed - I mention this as he is being as awkward as possible)

 

11 Months later head gasket gone again. contacted the garage they offered a small amount of money as a gesture. I said not good enough and from research I have done he is liable as the fault was there when the car was purchased, it has reoccurred and the garage that has now repaired the fault has said it was not properly fixed originally.

 

Sent him an official letter stating what I expect, I have now had a reply from the company mentioned on the other post. They have said I am not covered by the SOGA as it says on the receipt "sold on behalf of..."

 

Now I might of been a bit stupid not raising this at the time but had no idea this would waive all of my rights. All of the paperwork shows "sold by ANON motors" and I paid the garage not an individual, it was advertised by the garage with their logos and on their forecourt.

 

Am I now not covered as he has written this and despite the written warranty or would the small claims court take a dim view of his actions?

 

Any advice would be helpful

 

Thanks in anticipation!

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The warranty only applies to the person with whom the contract was made which in this case is ANON motors so you have no recourse on the original selling garage/dealer. The warranty such as given on this repair would not normally be transferrable. If, as it seems, this repair was carried out or on behalf of the selling garage during a reasonable time from the time you bought the car then it would be in all likelyhood that you are going to have to spend out on the repairs.

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You're going to have to post details to get an objective response. Just give the scenario. Include age, mileage and what vehicle together with how you bought it, finance, private sale, trade sale, auction and exactly what the issue is. You don't have to name anyone, just give the details as suggested above.

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Thanks for sorting my posts out!

 

Sorry don't quite understand your reply.... probs due to how I have written my post interchanging Anon motors, dealer and garage. Let me try again...

 

In brief.....

 

Bought a car for £4k from ANON Motors (dealer selling many cars), On the way home from buying the car Head Gasket blew 20 miles from ANON Motors. ANON Motors repaired the fault and on the repair estimate from Mechanic (not anon motors) has written "work carried out and paid for by ANON motors, 12 month warranty" which we had asked for from ANON Motors or we would have tried to seek a refund (it's not signed - I mention this as he is being as awkward as possible)

 

11 Months later head gasket gone again. contacted ANON Motors they offered a small amount of money as a gesture. I said not good enough and from research I have done he is liable as the fault was there when the car was purchased, it has reoccurred and the new garage (my local mechanic) that has now repaired the fault has said it was not properly fixed originally.

 

Sent ANON Motors an official letter stating what I expect, I have now had a reply from the law company mentioned on the other post. They have said I am not covered by the SOGA as it says on the receipt "sold on behalf of Mrs Blogs"

 

Now I might of been a bit stupid not raising this at the time but had no idea this would waive all of my rights. All of the paperwork shows "sold by ANON motors" and I paid the ANON Motors not an individual, it was advertised by the ANON Motors with their logos and on their forecourt.

 

Am I now not covered as he ANON Motors has written "sold on behalf of..? and despite the written warranty? or would the small claims court take a dim view of his actions?

 

 

Maybe that makes it clearer or it is just the same...Any advice would be helpful

 

I've also just seen on the Law co website it says "If you are selling in the course of your business and the customer is not buying into his/her business and the goods are those that are normally supplied for private use/consumption then you cannot take away a customer’s rights. In fact if you use statements which do attempt to take away such rights then it is a criminal offence and you can be prosecuted." Why would they not be following their own advice?

 

Sorry for all the post, think I'm still tipsy from xmas :)

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Hi

 

So you purchased the car from ANON Motors and on collection when proceeding home head gasket went.

 

As the car was just collected and under a 12 month warranty you reported the fault to ANON Motors. (Please check your Warrenty Terms & Conditions)

 

ANON Motors then Sub Contracted the Repair work to this Mechanic. (This is important as it was ANON Motors that sub Contracted the repair work not you)

 

The mechanic then provided a reciept stating 'work carried out and paid for by ANON motors, 12 month warranty' (Please check your warranty carefully as these generally say repairs must be carried out by xzy repairs garages).

 

11 months later the same fault occured and the vehicle was taken to a Local Garage that has diagnoised that the initial repair work to the head gasket was not carried out correctly. (Is the Local Garage willing to give you a full written report to back up this claim).

 

Please correct me if I have got anything incorrect.


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Basically there. Except there was no warranty with the car when purchased Anon offered to fix it (I'd assume I would have been covered under my statutory rights if he didn't as i only got 20 miles although he might of said not responsible because sold on behalf at that point) No warranty to check.

Anon did subcontract the work, the 12 month warranty is just written on the receipt which is purely for the head gasket - no terms.Not sure if the garage or Anon wrote it on as it is not signed.

Had to take it to my local garage as needed the car and Anon would not fix.

Not sure if he would write a statement as he had not seen the car before but from the report we received it says “Repair numerous fault with snapped bolts & studs, damaged threads and incorrectly fitted components”.

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Hi

 

Thanks for update I think you really need to speak nicely to your Local Garage and ask if they are willing to do a full report for you on the faults that the picked up with the previous repair work.

 

I would also suggest writing to ANON Motors (always get proof of posting and keep a good paper trail) that your require a full report on the repair work carried out to your vehicle by 'The Mechanic' sub contracted by then to carry out the repair.

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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and if they will?

 

And what about the "sold on behalf of..."?

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Hi

 

IMO that is irelevant as it was still ANON Motors that were contracted to sell that vehicle on behalf of whoever and it was ANON Motor that sold you the vehicle.

 

Also it was ANON Motors that sub contracted the repair work to 'The Mechanic' not you this is the important part.

 

Others will be able to give a better opinion to that question as I may be completely incorrect

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi

 

Something to think about

 

Only if it ends up going down the small claims route

 

I would Name both ANON Motors and 'The Mechanic' in any claim. WHY?

 

1. It was ANON Motors that Sub Contracted the Repair work to 'The Mechanic'

 

2. 'The Mechanic' was Sub Contracted to carry out the repair work by ANON Motors.

 

That way you let them both fight it out as to who coughs up so to speak.

 

Remember this is just something to think about only at the moment as its not at that stage just yet.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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OK. It's very clear now.

 

You bought car from garage A. Fault occured and garage A had car repaired by garage B. Garage B gave warranty.

 

Your contract is with garage A. They fulfilled their obligations you.

 

Now the gasket has gone again.

 

You can only deal with garage A. Garage B is nothing to do with you.

 

Garage A has fullfilled it's obligations but cannot pass on the guarantee from garage B so to take advantage of it you have to deal solely with Garage A.

 

What is in your favour is that garage A cannot argue that the fault was not there at the time of purchase however as you are now so far down the line in terms of time from original purchase date might prove difficult.

 

What is the mileage difference between repair and second failure? The fact that it has gone again suggests something else is amiss so make of car, age and mileage when purchased could point to a recurring problem ............such as Rover K series engines.

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It is quite an old car (don't want to name it here) but has done less that 5k miles since we bought it. Not a common problem.

 

I was under the impression time was less important as it is a recurring fault that should have been fixed correctly the first time

 

The main thing I am worried about is the that he says I'm not covered by SOGA as the receipt which I signed has "sold on behalf of" written on.

Edited by jimipop

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It is quite an old car (don't want to name it here) but has done less that 5k miles since we bought it. Not a common problem.

 

I was under the impression time was less important as it is a recurring fault that should have been fixed correctly the first time

 

The main thing I am worried about is the that he says I'm not covered by SOGA as the receipt which I signed has "sold on behalf of" written on.

 

I think Helio has already answered this one. You purchased the car from ANON motors. What ever is written on the invoice is irrelevant and will not reduce your statutory rights under the SOGA, whether you have signed it or not. ANON motors could be seen to be attempting to reduce your rights by writing such a comment which, in fact, is illegal to do.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks again, that is what I thought just their letter made me think twice.

 

I don't suppose anyone would have a quick look over my response letter?

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