SOGA 1979 - Used cars

[thebatman91]

Hi everybody,

 

looking for some advice regarding a used vehicle.

 

earlier this year, we had an accident which caused significant damage to our car

and it was written off by the insurance company.

 

using the insurance payment we purchased a used car from a dealer.

 

our old vehicle was:

 

2007, 64000 miles, no previous owners - bought from new.

 

the used car we bought:

 

2006, 75000 miles, 2 previous owners. MOT the same week as purchased - no advisories. a good clean tidy car that HPI checks found clear.

we felt confident enough to purchase the car.

 

before leaving the forecourt after a test drive, we noticed the battery light was on.

the dealer had no explanation but said if there was any issues he has no problem replacing the battery should that be needed.

 

the battery light did go out after a few miles, but intermittently would come on over the next 2 weeks, we took it to a garage for a diagnosis and it was actually a bad alternator.

 

we called the dealer and requested he replace the alternator , which he did.

 

unfortunately now, 3 months since purchase, the power steering has failed

rendering the car undriveable.

 

the RAC recovered the car and did a report stating the issues and once again I informed the dealer and requested a repair.

 

he said sorry but the vehicle was out of warranty, tough luck sort of thing.

 

( we didn't actually discuss/sign any warranty info but i assume he is talking about a 3 month warranty - as we are now 3 months a 6 days since purchase )

 

I called trading standards who said:

 

under SOGA I was within my rights to request the car be repaired.

especially within the 6 months.

 

the vehicle was valuable enough to expect it to be reasonably free from defects

especially any that render the vehicle useless.

 

regarding repairs , they said he would had a few options,

 

one being he repairs the car at his chosen garage

another being we mutually agree a local garage who can repair the car and issue the invoice to him.

 

Just wanted to hear peoples opinions on this issue?

The dealer is a good dealer as far as I can see so far. He was helpful with a previous problem and doesn't 'avoid' contact . at least up to now.

so I would like to be civil at all costs.. but be firm when exercising my rights.

 

many thanks all.

[BankFodder]

Well firstly, as you say, you are covered by the Sale of Goods Act.

 

I wouldn't worry too much about getting him to agree a garage. It may only add a needless complication. However, you should get two quotes from different garages for the repair work. Submit them both to the dealer and tell him that you are proposing to get the car repaired at the cheapest one and that he has seven days to comment.

 

You are not obliged to be cheapskate about this. Go to a decent reputable repairer that specialises in your vehicle and get the job done properly.

 

He would be justified in saying that by buying a second-hand car you would not be entitled to expect that you would have brand-new powered steering. This would be correct. In the event that it went to court, it is quite possible that the judge would say that he would have to pay only for a portion of the new power steering unit.

 

I suggest that you bear this in mind and keep it in reserve as a fallback position so that if he objects to paying for the cost of the work, you could then say to him that you would be prepared to accept X % of the repair price by way of a goodwill gesture towards him if he will make it easy for everybody.

 

You can certainly point out to him that his three month warranty is at odds with his duty under the Sale of Goods Act and that if it did go to court, it is quite clear that the court would confirm this and that the matter would also be reported to trading standards

[thebatman91]

thanks for the response!

 

pretty much exactly what trading standards had to say, so I feel confident with this problem.

 

I would add that according to invoices within the service history of the car, I can see the PAS ( power steering ) was in fact repaired less than a month before I purchased the car..

would this evidence allow me to reasonably expect the PAS to last considerably longer than the 3 months that it has done?

 

I have a local specialist garage for my make of car and parts would be within the region of £175 - £550

( depending on extent of damage , however the RAC expect it to be the low end of this i.e £175 plus labour )

 

I have seen similar jobs by the main dealer be around £700-£900 all in.

 

to compare that to a local garage with non directly sourced parts

 

parts £85 - £150 ( depending on extent again )

plus labour

 

of course I would rest easier knowing the repairs were carried out by main dealer specialists for the car manufacturer using parts directly from themselves.

 

but as I say, the cost can likely triple in comparison..

[BankFodder]

Because the power steering was repaired only shortly before you purchase the car, you would be entitled under the contract to have a car with newly repaired power steering. This means that the contribution which you might be expected to pay to the cost of repairs would be minimal and scarcely a factor.

 

This is very good news for you. It could be good news for the dealer because he would have a basis for claiming against the repairer of the unit under the repair warranty.

 

However, this is his problem not yours.

[thebatman91]

thank you again! all good news then!

 

as we rely on the car for the school run & general runarounds/shopping etc

we are relatively stranded without it

 

we are lucky to live just meters away from a railway station and so my commute is unaffected.

however the school run ( a few miles each way ) is a challenge with under 5 year olds , particularly in the bad weather.

 

we would therefore like this matter to be resolved as quickly as possible, with this in mind what is a reasonable time schedule for us to allow?

 

I have written to him yesterday afternoon via email with the issues and my request of repair along with a link to the SOGA.

 

the dealer is around 70 miles from our home so it would make a lot of sense to have it repaired by a main dealer this end than attempt to return the car to him, as this would incur probably very large costs to tow the car that distance.

 

I will get two written quotes from two specialist garages ( both within 15 miles - one within 2 miles of my home )

and forward these on to him, and await his response.

 

If he refuses to co-operate I suppose my next step is to start a claim through the small claims courts?

[BankFodder]

Get the quotes.

14 day LBA

Sue

[thebatman91]

an update to this issue:

 

the dealer has responded to my email I had sent requesting the repair..

 

he asks for..

 

1. The mileage

( was 74500ish when bought , is now 79000, which included two trips to him for repairs so far over 3.5 months )

 

2. the vehicle to be returned to him (70 mile journey and over boarders) at my expense

 

3. if it is fair wear and tear or a mechanical failure ( again, as this was a job listed in the invoices as done less than a month before I purchased it, it is most certainly not wear and tear )

 

 

he is not interested in having the repair carried out by Ford or a registered Ford mechanic using Ford parts

( which therefore have a parts and labour warranty with them )

 

and is insistent on me returning the vehicle and leaving it with him for however long and then re collecting

this would likely cost upwards of £200 alone which seems unfair considering.

 

do I have any right to request a repair by the main dealers rather than him as I would be £200+ down by returning it to him that I wouldnt have been had this brand new part not failed less than 3 months later.

 

many thanks

[thebatman91]

needed to bump this as quite urgent.

thanks

[raydetinu]

as long as dealer has offered to repair at his cost, that is all he is obliged to do.

You cannot insist it be done locally unless he agrees, or you come to some arrangement, such as he pays parts only.

Fom his point of view he does not want to pay somebody else their profit etc. and can write off labour costs and get parts at trade.

[thebatman91]

thanks for the help everybody.

 

issue is resolved :

 

He agreed to pay the car manufacturers repair invoice ( which includes a 12 month warranty )

instead of taking the vehicle to him.