Second hand car WMS and Dealer won't accept liability

[vindice78]

Hi guys, first post so I apologise if this is an old issue but I couldn't find one that exactly fits my scenario.

 

4 weeks ago we purchased a Peugeot 307 from Durnford motors in Southampton. Within 3 weeks we reported that the clutch wasn't right but were referred to Warranty management services who are administering the warranty. They put us onto a local garage.

 

The local garage said we have to pay for an inspection so they said drive it around until it snaps and then you will be covered even if it's wear and tear.

 

A week and a half later the clutch has gone completely and it was recovered into them. Now we find out that it won't be covered if it's wear and tear even though we've only had the car a month!!

 

I have spoken to the dealership on a number of occasions who have said that it's probably wear and tear and said "what do you expect from a used car"

 

I need to know what my recourse is. I'm expecting to be considerably out of pocket within a month of purchasing a new car. IS there anything I can do under the sale of goods act to get the dealership to pay for this? Or to reimburse the costs?

 

I have contacted trade standards (the dealership is apparently part of their high standards scheme!) and they say the dealership has to prove that the car was fault free when we purchased it. But how do i go about instigating a proceeding against them?

 

Please help me someone.

[Conniff]

What is the age of and price paid for the car please ?

[vindice78]

Hi there,

 

Price paid was £2500

 

The car is 10 years old. To be honest I expect some wear at that age but the garage also thinks that the dealership should have known the clutch was not in great condition when they sold it as they said the bite point was high.

[rebel11]

Hi vin

 

Here's some info:-

 

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e.htm

 

Also how did you pay for the car?

[Conniff]

I must tell you that you have been ripped off with regard to the so called warranty - whatever happens, they will say 'wear and tear'. If you paid for this rubbish you should claim back your premium. Warranties should be outlawed, they are an attempt to lull a buyer into a false sense of security, increase the chance of a sale and they also mask that they are not needed as you have protection under consumer legislation. I would even say that in a lot of cases they are used to try and reduce your statutory rights.

 

No talking to them on a phone if that is how you have done it up till now, you need a paper trail of what is being said. Wear and Tear does not happen in a couple of weeks, so someone was aware of the problem with the clutch and probably adjusted it out as much as possible. If the seller is claiming 'wear and tear', then under consumer legislation, he must how that the fault wasn't there at the time or purchase and this last for the whole of the first six months. After the first six months, it is up to the buyer to show that it was there at purchase, so that is what you must demand .

 

Write to them citing the Sale of Goods Act 1979(as amended) and that he must send you proof that there wasn't a problem with the clutch when you bought it. Send it by recorded delivery.

[vindice78]

Hi vin

 

Here's some info:-

 

Also how did you pay for the car?

 

That is brilliant. Thank you very much for this.

 

The car was paid for by card but I'm not sure if it was debit or credit. Is there possibility of reversing a card transaction?

 

Thank you to all of you that have replied so far, this is tremendously helpful and much appreciated.

[rebel11]

Hi vin

 

Remember you need to show the Credit Card (Debit Card possibly - speak to them) company that you have tried everything to Resolve the matter with the Dealer/Seller.

 

Scroll down to:-

 

If you bought your second hand car on credit

 

http://www.which.co.uk/consumer-righ...s-your-rights/

[cozzie1967]

Hi guys, first post so I apologise if this is an old issue but I couldn't find one that exactly fits my scenario.

 

4 weeks ago we purchased a Peugeot 307 from Durnford motors in Southampton. Within 3 weeks we reported that the clutch wasn't right but were referred to Warranty management services who are administering the warranty. They put us onto a local garage.

 

The local garage said we have to pay for an inspection so they said drive it around until it snaps and then you will be covered even if it's wear and tear.

 

A week and a half later the clutch has gone completely and it was recovered into them. Now we find out that it won't be covered if it's wear and tear even though we've only had the car a month!!

 

I have spoken to the dealership on a number of occasions who have said that it's probably wear and tear and said "what do you expect from a used car"

 

I need to know what my recourse is. I'm expecting to be considerably out of pocket within a month of purchasing a new car. IS there anything I can do under the sale of goods act to get the dealership to pay for this? Or to reimburse the costs?

 

I have contacted trade standards (the dealership is apparently part of their high standards scheme!) and they say the dealership has to prove that the car was fault free when we purchased it. But how do i go about instigating a proceeding against them?

 

Please help me someone.

 

Oh no! Help wanted before I make a horrible mistake! I am about to pick up a car from this dealer tomorrow! I have already paid a deposit for it and have the remainder to pay by bankers draft. I can't pay by card because my father in law is paying and he can't pay by card as he reduced his limit for security. I now feel I should demand warranty details in writing and read the fine print before handing over the money. What else should I do to cover myself? Any advice would be most appreciated.

[dw190]

Oh no! Help wanted before I make a horrible mistake! I am about to pick up a car from this dealer tomorrow! I have already paid a deposit for it and have the remainder to pay by bankers draft. I can't pay by card because my father in law is paying and he can't pay by card as he reduced his limit for security. I now feel I should demand warranty details in writing and read the fine print before handing over the money. What else should I do to cover myself? Any advice would be most appreciated.

 

As far as paying by card goes you only need to pay £100.00 by card for the whole transaction to be covered.