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Not "free of defects" car claim against dealer, for your opinion and guidance.


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Back story

 

I have a 3 year old car, purchased when it was one year old from a franchise dealer.

 

The car was £32,800 and £47,500 new and is a high caliber manufacturer.

 

During the 22 months ownership I have suffered considerable levels of defects with the goods which have been fixed under warranty.

 

As the warranty expired 7 weeks ago, the dealer will not pay for the most recent fault, refuse to diagnose the fault fully and only under duress offered to raise a "goodwill" case with the manufacturer. Normally in these good will cases, the customer is required to make a "contribution".

 

The current fault costing £650.00 is not wear and tear and may not also cure a current drive line related query with the car.

 

Action

I was advised to call the consumer helpline, who advised me that I have rights under the sale of goods act 1979 and that I should write to them explaining my rights to goods which are free from reasonable defects in relation to age and mileage.

 

I have written to the dealer, and requested repair, refund or exchange. The consumer helpline told me the manufacturer are not directly at fault in this case as I do not have contract with them.

 

Advice

 

I was told that I have rights under the limitations act 1990 for 6 years and as a result of the extensive repairs and visits and consequential losses I would be within my rights to raise the concern.

 

Someone then told me that Sale of Goods act does not apply to a used car purchased from a main dealer franchise because it should be my risk. However that is contrary to consumer helpline advice.

 

Help

 

Are you able to offer any guidance if the franchise rudely tell me to go away. My friend has upset me saying that they will shoot down anything to do with law and say sod off. This will hurt my feelings greatly.

 

 

Summary of faults during 22,000 miles and 3 year old high brand value car.

 

Actual/Perceived Losses in 23 months

 

64 days lost ownership. Vehicle being repaired.

22 non-service related visits to dealer franchise networks.

6/8 visits to non-local franchise network totaling 528 miles.

20 approximate hours on research, attention and telephone calls.

Stress related anxiety for 12 months.

4 missed business appointments.

Train, hire car and fuel costs.

 

22 Visits to the dealer network in 23 months

 

Interface computer and navigation random failure.

Engine Mounts.

Gearbox.

Engine Vibration issue unresolved, diagnosed or notification in writing of explanation.

Creaking trim.

Trim Rattles.

Dirt in instrument cluster.

Seat Rattle.

Seat Creaks.

Noise from the brakes.

Buckled wheels.

Misaligned panels.

Drive line click sound.

Cracked Suspension bush.

Dealer broke the brake sensor when replacing brakes.

Dealer sold car with brakes that required replacing.

 

Warranty replacements in 23 months

 

Engine Mounts.

Gearbox.

Trim felting.

Seat felting.

Seat-back repairs x 2

Gearbox.

Instrument cluster.

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Not any use to you this time, but only make purchases like this with a Credit or Debit card, preferably a Credit card.

If you don't have a credit card, ask family or friend to make the purchase for you and give them the cash. A credit card covers you with the backup of the law.

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I made a payment with my debit card.

 

But good advice.

 

Please note however that I am not sure why this is relevant as the car was purchased 2 years ago.

 

This will make quite interesting reading when they respond, I have faith the manufacturer will come good and support the dealer.

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If you had paid with a credit card you could of made a Section 75 claim, even after the period that's elapsed.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

I made a payment with my debit card.

 

But good advice.

 

Please note however that I am not sure why this is relevant as the car was purchased 2 years ago.

 

This will make quite interesting reading when they respond, I have faith the manufacturer will come good and support the dealer.

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