Fault on used car

[Richy boro]

Hi everyone hope you can help. Bought used mazda 6 09 reg for £10,000 august 2013 through finance. In October would not start, not recognising keys (keyless entry model).

 

Under warranty went to dealers, they didn't have a clue so went to a mazda dealer.

 

5 weeks later returned car with new PCM. Although under warranty still had to pay £420 excess labor and diagnostic.

 

7 weeks later same problem, recovered to mazda dealer (although not their car) as EH didn't want to know.

 

6 days later could pick up. Said they recharged the battery and now working fine. However before recovered the AA said battery was fine.

 

5 weeks later would not start again, went to mazda dealer, 4 days later picked up car said faulty key.

 

Now on the 10th July happened again, still waiting for results of how they get it going.

 

Sent letter to finance and dealer asking for replacement.

Finance want more details. However dealer stating this is not the same fault.

Surely if the symptoms of the faults are the same (not recognising the keys) it is the same fault?

Have I any chance of getting a replacement?

 

Sorry about the long text but advice would be greatly appreciated.

[Conniff]

Welcome Richy. Is the finance a car loan or Hire Purchase ?

[Richy boro]

Hi it's hp

[Conniff]

So it's all to do with the owners of the car, the finance company and not the dealer.

 

 

The regs say that you chose the car but they bought it so anything wrong is their problem.

[Richy boro]

Wondered why the dealer wasn't interested, no courtesy car, no returning calls etc will never use again. Do you think I have a good case with the finance company? Or will they play hard ball?

[Conniff]

Just like all these type of businesses and banks, they are very tight and might not play at first.

 

 

What you need to do is to lay out in chronological order everything that has happened since you bought it and how it was remedied. Make a couple of copies and send one to the finance company.

You can emphasis that you know the car belongs to them by referring to is as 'your car'. Don't he too hard in the first letter, see what they have to say and take it from there.

 

 

As for the non returned calls and offers of assistance, that is typical of the used car trade and why they are the most complained about industry in the UK.

Edited July 13, 2014 by Conniff
correct typo

[rebel11]

Hi Richy boro

 

Here's some information:-

 

http://www.shetland.gov.uk/tradingstandards/documents/Guidanceforsecondhandcardealers.pdf

[Conniff]

Here's the bit you want:

 

 

10.1 The remedies in the SoGA do not apply to vehicles supplied on hire purchase. Where a consumer purchases a vehicle under a hire-purchase agreement, their legal rights are against the finance company (under the Supply of Goods (Implied Terms) Act 1973).

 

 

10.2 Under the Supply of Goods (Implied Terms) Act 1973, the vehicle must be of satisfactory quality, fit for purpose, correspond with any description given, and the creditor must have the right to sell the vehicle. Where the vehicle does not correspond to any of the above, the consumer may in appropriate circumstances be entitled to reject the vehicle for a full refund or claim compensation.

[Richy boro]

Thanks for the speedy replies, will certainly recommend this site to everone I know. Will let you know how I get on. One last question. Will I have to pay for the diagnostics and excess labour costs again? They have had the car three times already and replaced the PCM (not cheap) yet still fault occurs. Kind regards

Richard

[Richy boro]

Final question I promise. The previous owner on the log book is the dealership. Is this common practice or am I being cynical in thinking that they didn't want me to get in touch with previous owner in case the fault is inherent?

[BankFodder]

Don't know the answer to your lats question but you should know that you shouldn't have paid anything for the repairs to this car - including the excess labour charge etc.

 

You should get it all back

[Richy boro]

Apparently in the small print anything over £40 an hour is not covered, nice warranty cover.....I know... Should always read the small print

[Conniff]

Warranties are there to attract buyers for the car. Offering a warranty, especially if it's free with the car, gives an air of 'that must be a goodun if he's prepared to warrant it.

 

 

Warranties are just extra to the consumer regulations that cover you and so the seller doesn't have to pay any repair bills should/when the car goes wrong.

 

 

Was the car registered in the dealers name or a persons name ?

[Conniff]

As an individual you can get the car history from the DVLA by filling in form V888 and sending it to them.

[rebel11]

I think terms & conditions in 'small print' can be considered unfair under - 'Unfair Terms in Consumer Contracts Regulations 1999', worth checking out.

[BankFodder]

The Supply of Goods (Implied Terms) Act 1973 http://www.legislation.gov.uk/ukpga/1973/13/section/11 is the equivalent of the Sale of Goods Act and you cannot contract out of its terms.

This means that their provision of a limited value warranty has no effect and in fact it could be used in court to show bad faith and an intention on the part of the supplier to deprive you of your consumer rights.

 

Ignore their warranty. Claim everything back and all associated expenses

[Richy boro]

Thanks again for the info and advice. I'll see what the mazda dealer and the finance co says and take it from there. Nice to know that I have some aces up my sleeve though,

 

As for the car registration, log book says previous owner was evans halshaw dealer. Just never seen that before, usually it's an individual. So now can't find out if the car had the fault before I purchased it.

Kind regards

Richard

[citizenkain]

If its the dealer it was maybe a pool car / demonstrator,it would still have a service history in the service book

[scaniaman]

Who is warranty company?

[Richy boro]

Update. Got the car back from the garage. Still not sure what the problem is. If it fails to start again they said they'll need to do more checks. Had a letter from the finance company stating that "they have been able to conclude that the current concerns are not related to those experienced previously". So not taking further action. Not related? Yet symptoms of fault are the same. Four times it has failed to start surely it can't be because of four separate problems. Now saying I need an engineers report to argue back. If two garages are saying faults are not related chances are the engineers report will do also.

How much do these reports cost? At a loss as to what to do

Please help