Car air con fault bought from dealer 3 months ago

[jamoor]

Mazda 6,

 

£6,800 and it's a 2005 model.

 

We have 4 other cars in the household, none have ever had any work like this on the aircon system, my father has owned numerous cars, Toyota Previa was the most reliable ran from 0-82k without a single fault.

 

I cannot be certain that the aircon was working at the time of purchase, as I bought it in March, when it isn't exactly that hot, so the fans may have been cool enough to keep the car at a reasonable temprature.

[riget]

Looking at this again it does look like it was possibly sold with the air-con not working, proving it will be the hard part.

What I find strange is why did you buy it from a dealer with no warranty.

[jamoor]

Looking at this again it does look like it was possibly sold with the air-con not working, proving it will be the hard part.

What I find strange is why did you buy it from a dealer with no warranty.

 

I havent bought a car from a dealer before, I usually buy private (I am no stranger to big bills I spent £1800 in a transmission rebuild and £900 on a new turbo on a differnt car)

 

Is it up to the dealer to prove it as it's under 6 months?

[daKlone]

That's my understanding too - surely within the first 6 months of ownership it's upto the dealer to prove that the car was 'of satisfactory quality' or if not that the fault was 'specifically drawn to the buyer’s attention before the contract is made'?

 

However - in clause 2C(b) in the Sale and Supply of Goods Act 1994 (c.35) it states that 'acceptable quality' does not apply to problems 'where the buyer examines the goods before the contract is made, which that examination ought to reveal'.

 

So basically if you are going to argue that the air-con wasn't working when you bought the car, I'm sure the dealer would argue that it was something you could have reasonably noticed before buying (without the need to be a mechanic) and brought to thier attention.

 

Perhaps you could contact the dealer and ask them if they would make a good will gesture and pay some towards it? But if they won't, infuriating as it is, given the sum of money involved I think your best bet is to just get the work done, pay the bill and chalk it up to experience.

Edited July 13, 2008 by daKlone

[jamoor]

OK, well I have had no response, and consumer direct are frankly useless, they seem to be a stuck record and just repeat write a letter over and over, when I have sent 4/5 letters already.

 

I think moneyclaim is the only option, the thing that concerns me is.

 

a) I will have to pay for a diagnostic to my car to find out the fault and the cost of the repair. Will I be able to claim this back.

 

b) If I lose, will he be able to claim anything off me? (I don't mind the £30 cost of proceedings)