Help - bought car a few weeks ago but it's broken down - what are my rights?
Hi all, apologies if this has been posted elsewhere but I seriously need help! My partner and I bought a Peugeot W reg on the 21st July for £875. It was for my partner to get to University. The guy said that there was no warranty due to the age of the vehicle. He sells cars on a forecourt but I think he's passing himself off as a private dealer? How would I know? It broke down on Tuesday 13th. We had it towed to a garage and after costing us £188 so far on finding a faulty Engine Management Relay they have said that the ECU could cost a further £400 to repair and advised us against it due to the age of the car. They also felt that someone has been tampering with it. Obviously I'm livid.
I've done an internet search and found out that according to the RAC (here)/CAB: Do not need any warranty paperwork, it’s the law. According to the Sale of Goods Act 1982 the dealer has to give you a six month warranty by law (does this apply to older cars?). "If the car is faulty and you have left it too late to claim a refund or you don't want one, you can ask the dealer to replace or repair it free of charge. If you do this within six months of receiving the car, and it is reasonable to expect it to have lasted for the period of time you have had it, it will be assumed that the problem existed when you bought the car, unless the dealer can show otherwise." > does this apply to older cars?
The Office of Fair Trading state that: “If a vehicle keeps breaking down then it is not fit for purpose.”
If faults with the vehicle emerge in first six months after purchase – presumed to have been present at time of sale: Burden of proof is with the dealer to prove fault not present at time of sale. Repair or replacement: The consumer can require either a repair or replacement from the dealer, who can only refuse if the remedy is impossible or disproportionate. If repair and replacement are impossible or disproportionate, or if the dealer fails to act in reasonable time and without causing significant inconvenience: full or partial refund. Damages: For any other losses suffered (such loss being within the reasonable contemplation of the parties at the time of entering the contract) as a result of the faulty vehicle, the consumer may claim a reasonable amount of compensation.
We may be entitled to compensation if:
• the contract has been broken (breach of contract) because the vehicle is not as described, of satisfactory quality or fit for its purpose
• the dealer has made a false statement about the car to make you buy it (for example, telling you it has had a new engine fitted when the engine is reconditioned).
Basically, what I want to know is - can I legally get my money back or a replacement? Advice?
According to the Office of Fair Trading no warranty must be given by the trader but s/he's bound by the Sale of Goods Act 1982. Our statutory rights are protected. If the car is not fit for purpose and is not of satisfactory quality we can ask him to replace, repair or refund us. Problem is proving it. They recommend writing to the dealer and getting everything recorded. If he doesn't comply then the next step is the courts. Really???
You have to give the dealer a chance to repair the vehicle before you can take any worthwhile action. If he is not interested or incapable of repairing it you can take it elsewhere, have it repaired, and take the dealer to Court for reimbursement.
Quote..."you can take it elsewhere, have it repaired, and take the dealer to Court for reimbursement."
I don't think the garage you chose to take it to be repaired, would let the car go out after repairing it, unless the bill was settled first, especially if they know the whole situation about it being a warranty claim at another garage?
Smudger, that is why I used the term 'reimbursement'. It is the replacement of the money paid out to have the car repaired.
That would be great, if you know for sure that you are going to get your money back for sure. It could turn out to be a really expensive repair, and if the other garage refuse to pay up, you could be well out of pocket?
Hi there just had garage in court I had all sorts of witness statements video evidence but they decided that the mechanic sold the car and the blame lies with him not the garage.unless you have signed documents according to the courts I had nothing to incriminate the garage even though the garge was the ones I delta with.
Glad you won your case, thanks for letting us all know.
I did not win I have to take the mechanic to court but I posted in another topic about this garage letting his employers buy and sel cars and he told the court they are insured been in touch with insurance companies they told me this is known as fronting and totally
against the law
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