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Carland Supplied me a Faulty Car


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Hi, about a year and a half ago I purchased a vehicle from a company called Carland. Along with the car I purchased a 1 years Warranty.

 

I have since had a number of mechanical and electrical faults (listed below) with the car so I asked Carland to fix it under my warranty.

 

List of faults at this point:

1, Exhaust blowing (this was even told to me by a Police accident investigator)

2, Brakes faulty (the brake disk was warped)

3, Light on number plate faulty

4, Fan belt making too much noise (I assumed that the timing of it was out but I'm no mechanic)

5, Bolt missing from Head gasket

6, Air filter cover missing

 

Carland asked me to take the vehicle to a Nationwide Autocentre to be fixed who checked my car over and then stated that they needed to order parts. They did this and then phoned me when the items had been received so I could take my car in to be fixed.

 

I took my car in and they phoned me that night to say that it was ready however they needed to order more parts as they had only replaced 1 fan belt and not the other which was still making noises.

It was following collection of my car that I noticed some minor faults had developed since Nationwide had 'fixed' my vehicle. The faults are listed below:

 

1, Exhaust still blowing (Nationwide said that there was no problem with the exhaust)

2, Boot wouldn't open (normal way of opening boot was either on key fob or button in cockpit of car. Key did not fit, it was later discovered that the reason for this was because the car had been in an accident and the rear end had been replaced, the keys had not).

3, Washers didn't work (they did before Nationwide looked though)

4, Horn didn't work (again worked before Nationwide)

5, Following a week or so the brakes started to stick on intermittently

6, ASR lamp on Dash kept turning on

 

I contacted Carland and they said to take the car back to Nationwide, naturally I felt that my car might end up destroyed if I took it back there so refused. Carland then asked me to take car to separate garage. This garage could find no problem with the exhaust blowing or the brakes but could not fix any of the electrical faults. I waited for the garage to contact Carland to explain the findings as this is the way things were done previously (Nationwide contacted Carland regarding faults with my car and ordered stuff etc).

 

I heard nothing after a while from Carland however by now my car had become unusable (brakes were too dangerous). I saved up enough of my own money and took my car to a Mercedes specialist who informed me that whoever had messed with the brakes previously had failed to notice that the brakes were seizing up and the system needed replacing. I paid for it to be fixed myself. They also fixed the horn and the window washers. They could not fix the boot.

 

This garage went on to say that Mercedes would be the only people able to fix the boot so I booked my car in with them.

I had Mercedes fix all the faults I could afford to be fixed on my own which was all of them except the Exhaust blowing that Nationwide and the other Garage that Carland had sent me to were non existent.

 

Mercedes discovered that there was actually a hole in the Exhaust Manifold and that's where the blowing was coming from, apparently it was very easy to find and any garage Mercedes or not should have spotted it as soon as they lifted the car up.

 

I also had to pay to have the boot lock replaced with one that fitted my car key as the one fitted was the wrong one for my key (as previously mentioned the car had been in a crash and boot and lock had been replaced, something that Carland failed to tell me).

 

Finally I approached Carland and the hire purchase company asking for a refund of the money I have spent and if possible the money for the warranty that I paid a lot extra for.

 

Carland said that they were not at fault and that because I had paid for the car to be repaired myself then they did not owe me any money. I asked for the cost of the Warranty back which they refused. They finally offered a small amount of money to me as a good will.

 

I asked them to fix the manifold which was a fault I had pointed out when first taking my car back to Nationwide (exhaust blowing). Carland have offered to pay for half of the cost to have this replaced even though it was under warranty at the time.

 

I feel completely cheated and that Carland have delayed fixing my car etc so that they would not have to fix it under the warranty.

 

Could anyone offer advise with regards to this. Are they legally right ?

 

I have also approached the Hire Purchase company as the car is still technically theirs. they are still looking into it and have been for 8 months now.

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How old is the car/how much mileage has it done/how much did you pay for it?

 

With regard to Carland, they are obviously working under the terms and conditions of the warranty that you purchased, and if one of those terms is that it is taken to a certain place to be put right you might not have a claim from them for the work you had done at the Mercedes garage. They can actually set whatever terms they like within a warranty, as it's not bound by statutory legislation. Check your paperwork to see what the terms say and what you are paying for.

 

Your statutory rights are not against Carland at all, but against the HP company, as they are technically the owners of the car who are hiring it to you and are therefore responsible for the quality of the vehicle.

 

Effectively, Carland have sold the car to your HP company, who then hire it to you with a view to selling it when the agreement comes to an end. Therefore, you don't legally have a contract with Carland for the vehicle, but with the HP company. So you wouldn't be looking at the Sale of Goods Act against Carland. You'd instead be considering the Supply of Goods (Implied Terms) Act 1973 against the HP company. Your actual rights, however, are pretty much the same - just against a different party.

 

The Supply of Goods (Implied Terms) Act states:

 

10 (2) Where the creditor bails or hires goods under a hire purchase agreement in the course of a business, there is an implied term that the goods supplied under the agreement are of satisfactory quality.

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

A typical standard letter can be found here:

 

www.tradingstandards.gov.uk/warrington/pdf/supportpack/49.pdf

 

Bear in mind that as with the Sale of Goods Act you cannot claim for faults due to normal wear and tear, so the age/mileage/value needs to be taken into account.

 

You need to press the HP company more on this issue, in writing, as detailed above.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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I have written to the HP company who said that they were liasing with Carland, that was a few months ago, since then I have heard nothing.

 

I shall send a second letter, namely the one you have given me and ask them to refund the money I have paid out.

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Surely if you report a fault while the car is under warrenty that fault is still a warrenty problem even after the 1 year period is up.

 

List of faults at this point:

1, Exhaust blowing (this was even told to me by a Police accident investigator) - When did this start

2, Brakes faulty (the brake disk was warped) - again when did it start and also they will say wear and tear

3, Light on number plate faulty - Faulty or blown blub

4, Fan belt making too much noise (I assumed that the timing of it was out but I'm no mechanic) - How old was car / milegae had it ever been changed

5, Bolt missing from Head gasket - Was it like this when you bought it and when did you notice it

6, Air filter cover missing - Was it like this when purchased ???

I can understand your frustration but i think alot of what they will say will be wear and tear, you havent said what age or mileage is on the car.

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