Garage "at the madam" **Resolved**

[superjoe19]

I bought a used car from a dealer about six weeks ago, and it came with a 30 day warranty.

 

Two weeks into ownership, the heater/blower fan became defective and was grinding, whining, farting and cut out once or twice,

 

I phoned the dealer and told the guy who sold me the car.

He said to bring it up and he would look at it, so I did that (100 mile round trip) and he told me he would not repair it as technically it was working.

 

When I argued that it was defective, he said to take it to their workshop across town and let the mechanic check it.

 

I did that, and the mechanic agreed it was defective, probably on its last legs, but he had to abide by the sales manager's decision which, he said

"depends on what kind of mood he's in on any given day whether something gets fixed or not."

 

I went back to the dealer and reminded him that he had told me when I was in the process of buying the car that the warranty covered "absolutely everything"

and he said that, since I had brought it to his attention while within the warranty period, if the unit packed in once my warranty was up, he would repair it.

 

The unit has indeed packed in, causing problems...not heater, no a/c and I can't demist my windows.

I have been in touch with the dealer and he is now saying that he can't fix it as my warranty period is over and I didn't take the extended warranty (kind of expected this).

 

Do I have any rights, recourse or anything at all I can do in this situation?

 

Typically, I have nothing other than a broken promise (probably made to fob me off at the time).

 

Any help would be appreciated guys.

 

Thanks

[sailor sam]

Warranty is irrelevant as it does bot replace your statutory rights under the SOGA. Defects which occur within 6 months of purchase are assumed to be present at the point of sale and it would be the onus on the seller to prove otherwise. The car must be of satisfactory quality, as described and fit for the purpose.

 

Write a formal letter reporting the fault to the seller and ask him to rectify at no expense to you under the SOGA 1979 (as amended). Give him 7 days to respond after which, you will arrange repair yourself and then pursue him for the cost.

 

Come back and let us know what happens.

[Last Of The Time Lords]

How old is this car and what mileage?

 

On the one hand there is the authority of Thain v Anniesland Trade Centre. Here, an auto box failed not long after purchase of a used car with something like 80k miles on the clock. The court held, refusing the appeal, that the failure which overtook the car could have occurred at any time in such a vehicle and Thain had accepted the risks associated with a car of that age and mileage when she purchased it.

 

"he would not repair it as technically it was working"

 

On the other hand there is Rogers v Parish. Here, numerous attempts had been made by the seller to repair many faults on a new Range Rover (I know the car in question here is used but the principle applies). They argued that Rogers had no right to reject the car because it was road worthy and could be used etc. The court held, that where goods as delivered are defective, they are not of merchantable quality and do not become so simply because they are capable of being used in some way.

[dx100uk]

def a soga case

 

go get him.

 

dx

[superjoe19]

Hi all, thanks for your replies. I will send notice of fault in writing and mention SOGA as suggested.

 

The car is a 2005 and has done 85k.

[Last Of The Time Lords]

Be wary of the ruling in the Thain case I mentioned then. In your case it came to light under their warranty and he made a promise so it may help your case.

[superjoe19]

Hi guys, garage has agreed to replace the part at no cost to me. Happy boy!

 

Many thanks to all who advised, most appreciated. Glad it didn't require any nastiness.