Reply With QuoteI would have thought that the two failed MOTs show that the fault existed when he sold the car, making him liable to fix it, regardless of the warranty
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Hope someone can help out here with some info.
My youngest daughter bought a car 9 days ago from a local Car Dealer. She chose this specific dealer as he offered her a 6 month Warranty on the vehicle.
Today the car broke down, which we have since found out from an RAC interim report that the problem is 'front o/s drive shaft, cv joint damaged and detached'.
The dealer in question has a bad reputation and he's not remotely interested in dealing with the problem. They're saying it's just wear and tear.
We have since learned that before he sold the car he sent it to 3 different garages for MOT (which sounds dodgy). The first two MOT stations failed the car on the drive shaft but the third one passed it.
She was in tears today, 17 years old and she only passed her Driving Test a month or so ago.
Obviously Trading Standards have been contacted and also the Garage with a Recorded Delivery letter giving them 14 days to rectify or refund.
Just wondered if anyone has any input on this. Surely this would be covered in the 6 month warranty on the paperwork invoice (which there were no terms & conditions for seemingly).
Thanks in advance.
I would have thought that the two failed MOTs show that the fault existed when he sold the car, making him liable to fix it, regardless of the warranty
I think so too. Although he doesn't know we know about the 3 MOTs yet.Originally Posted by RichardM
You need to look at the terms of the warranty to start with and see what it covers.
The fault is an MOT failing one.
However it is not legal to sell a car knowing it has such a fault.
Seriously though Steve I wouldn't trust any 17 year old kid to go and buy a car so
this might not have happened with a bit of parental hands on.
lol, no she didn't buy it on her own although she doesn't live with me so I had no input.
There are no terms & conditions on the warranty.
The warranty is irrelevant, the car had an existing fault when sold.
Wear and tear after 9 days! Bollocks to the warranty he sold a product not fit for purpose and doesn't have a leg to stand on, trading stds will back you up, the only problem is if he doesn't give one about them. Awful for you and especially your daughter I really feel for her, I've got a 20 year old who had an MOT fail on her car and she thought the world was ending so can empathise.
Name and shame if he doesn't sort it out.
agree'ed
My wifes T5 had a fault with the turbo, we spoke to the dealer and he said " can i put some cleaner in it " ( of course research shows this doesnt work ) anyways, we said Yes, he tried it, it still had the fault, so he asked could his garage have it and take it of and clean it, yea sure was the reply, the garage phoned us and said it was knackered, but he was having a new one fitted ( a recon i guess )
when i thanked the guy, he said, well it must have had the fault when you purchased it, so it was my responsibility to fix it
he has a fairly good name though, think its mickey
Have a look st the Consumer Rights Act which gives protection when buying goods from a dealer. Also,there's the small claims court which covers goods up to the value of £10,000. Go to the Citizens Advice Bureau to help you out.
If all comms fail with him, small claims court is the answer. I think its £75 and covers debt collection aswell. Though I would go down there with proof of the failed MOTS and some legislation to show you know what your talking about (even if you dont). If that fails then court.
Also pics or it didnt happen.
That MOT station could be in a spot of bther as well
You've done the best thing by getting TS involved,they'll know exactly what to do.Just a thought while typing this if your daughter paid in part or full on a credit card they are also obliged to take this up on your behalf as all credit cards are covered on purchases by insurance.
The law changed last October (Google it I don't have time) but within the first 30 days of buying she's entitled to the fault being sorted free of charge (if she wants) or a full refund, dont hang about get it sorted asap.
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