2nd hand car bought Nov 2015 now getting faults

[lisadp1970]

Hi

 

I'm posting this on behalf of my Mum who purchased her car in November 2015.

 

She bought a ford C Max 55 plate for £2795 which came with a 3 month warranty.

 

She's barely driven the car only having covered 500 miles since,

but the car is starting to have quite a few serious faults,

mainly with the ignition and some warning system regarding acceleration.

None of it sounds very good and the AA have had to come out a couple of times to get her started.

 

She's booked it in to the garage she originally got it from to be repaired

and was wondering if the dealer is responsible to pay for repairs under the Consumer rights Act

as there appears to have been new laws made from October 2015?

 

I found the following on the Which website and hope someone can confirm it to be correct......

 

First six months

- if you take the vehicle back within six months of purchase,

the dealer should accept there was a problem when the vehicle was sold

and offer a partial refund or to repair or replace it.

 

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

 

Any advice appreciated

as I'm really pee'd off for her as she bought this car in the real need of having something reliable

as she's on her own and quite disabled.

 

Thanks for any advice

Lisa

[BankFodder]

The three month warranty you refer to is basically a con and its effect is to cause consumers who don't know any better, to imagine that after three months that they don't have any further rights.

 

Ignore the three month warranty. If the garage tries to say that you are limited by the warranty then they are lying to you – or they simply don't understand what their responsibilities are either.

 

You're exactly correct. You are covered by the Consumer Rights Act.

 

The car has to be of satisfactory quality and has to remain that way for a reasonable period of time.

 

What is reasonable is basically the view that would be taken of a reasonable consumer, given the circumstances of the sale – including the nature of the goods, the price paid, the age of the goods and any other circumstances.

 

The Consumer Rights Act applies equally to new goods and second-hand goods will stop

[Conniff]

When you say booked it in for repair, do you literally mean that or has she also made a complaint ??

[lisadp1970]

She spoke to me this morning and said she's just booked it in for this Thursday.

Would it be advisable to contact them before hand and state they are responsible for the repairs?

 

Thanks

[BankFodder]

Yes. You should read our customer services guide first

[Conniff]

Can I ask, is Lisa your name ie are you a female ??

[lisadp1970]

Can I ask, is Lisa your name ie are you a female ??

 

Strange question, but yes Lisa is my name and I am female?

[Hammy1962]

We, you should wait until the Thursday visit before trying to pre-judge the customer service/repair.

 

I'm glad I didn't ask if you were M or F or other, sounds like a proposition to me.

 

H

[Conniff]

I wanted to know because women are still seen by some as the weaker sex and know nothing about cars and every attempt will be made by them to see you off.

[Hammy1962]

Wow, you really need to go on some diversity training.

 

H

[heliosuk]

ROFLMAO

 

 

I had a general circulation e mail that the company I work for now has a human rights policy as well as a diversity policy!!!

 

 

Seriously though, until we hear back or have an exact list of faults it's somewhat premature to be shouting Consumer rights act.

 

 

A classic would be that it's a diesel and the DPF is blocked so due to it's useage gives multiple warning lights and is doing exactly what it's supposed to do. Now a car doing what it's supposed to do isn't covered under the Consumer rights act!!!

[Conniff]

I've been away for a few days Lisa, anything to update us with ?

[BankFodder]

Yes, it would be nice to have an update on this.

 

From the sounds of the faults and the limited mileage, it sounds to me as if it is covered by the consumer rights act.

 

Me point out that the consumer rights act doesn't really introduce new law in terms of – new rules concerning the quality of goods or the length that they must remain satisfactory for. It really simply rounds up all the existing law into one place but also produces clearer guidelines as to what remedies a consumer is entitled to expect.

 

I think that the hope is that if it is clear that within 30 days there is a right to reject the contract and within six months there is a presumption in favour of saying that there was a fault with the product, that this will avoid the possibility of legal action. Before it was all a bit of a grey area.

 

There is still a lot of grey involved quite frankly. But it may go some way towards helping the situation.