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Chuffnut
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Major engine failure***Resolved***
Chuffnut replied to harni's topic in Vehicle retailers and manufacturers
They’re not keen on getting involved because they will have to have a right old fight with the garage. The CRA doesn’t apply between finance company and dealer so if the dealer doesn’t want any future business dealings with Motonovo they can tell them to jog on. The van will then be Motonovos problem. -
Major engine failure***Resolved***
Chuffnut replied to harni's topic in Vehicle retailers and manufacturers
Well ultimately, if no one agrees what, if anything the deduction is, then you’re right it won’t be the seller it will be the judge! But yes, you’re right, the OP’s battle needs to be with the finance company. -
Major engine failure***Resolved***
Chuffnut replied to harni's topic in Vehicle retailers and manufacturers
Yes I understand that, but initially the car was diagnosed with airlocks, The garage changed the radiator off their own back (possibly found a problem with it, possibly did it as an early warning) and once another possible airlock was released the van was fine for a few months and some 10,000 miles. I can’t see how you could successfully argue that the terminal fault was undoubtably related to the change of radiator. I have no doubt you’re in refund territory here but I think most judges would look at the overall picture and allow the garage to make a reduction. -
Major engine failure***Resolved***
Chuffnut replied to harni's topic in Vehicle retailers and manufacturers
I don’t agree with that. The first “fault”’was very minor and assessed as air locks. The van was “fine for a few months” once the garage had replaced the rad and possibly any air locks were flushed out. OP I have no doubt you are entitled to a refund. I think the garage are entitled to make a reduction for usage. There’s nothing in the CRA that’ states what the garage can deduct so it’s all up for negotiation. 10,000 miles is a fair old lump of miles though. -
The burden of proof rests on the dealer but it's not a difficult one to prove. The windscreen washers either worked at the point of sale or they didn't. They did (as you said) and now they don't. It's been several months before you've brought this to the dealers attention so it would be reasonable to assume a judge could be convinced that they were working, have been working for some time (as you haven't mentioned it before) and now they are not. This is just a fault that has developed post sale and you'd be hard pushed to argue otherwise. You may think it was "on the way out" but that could be said for most components of an 8 year old vehicle, they are all "on their way out" it's just subjective as to how long before they are "out" I'd say you would have a better chance of getting some joy appealing to their better nature on this one, rather than trying to take them to task.
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