Help with faulty car

5tubby

New Member
Jun 8, 2012
1
0
0
Hi all, hope I'm posting in the right place.

I bought a Low mileage second hand car from a garage just over a month ago, when I broke down form overheating and coolant loss, I contacted the garage who advised me to speak to the warranty company, who said get it diagnosed by an independent garage and they will repair it if covered. It was quite a task finding a garage that would undertake warranty work, but I found one. It turned out to be the thermostat and it was not covered by the standard 3 month mechanical warranty. Despite my understanding that a warranty covers everything but serviceable parts.

As the car was essentially unmovable without a tow and my breakdown company would have charged me for an additional tow for the same problem. I agreed to pay for the repairs myself. Once completed the mechanic advised me that I had a problem with my head gasket, due to exhaust gases in the coolant.
Again I contacted the warranty company, surprise, it's not covered.

Now, I understand from my rights that if a fault is discovered within 6 months it is assumed that it was innate unless proved otherwise by the dealer, regardless of warranty, and that the dealer is obligated to either repair, replace or discount.

Both these problems are linked and it's a bit of a chicken or egg scenario (which caused which). But I was wondering if having the work done on the thermsostat by another garage, which was satisfactory, in anyway causes a problem with my rights with the garage that sold me the car?.
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
When you buy a car from a dealer, the car must:

be of satisfactory quality
be fit for the purpose it's being used for, and
match its description.

Your rights are not affected by any breakdown insurance, guarantee or warranty you have. These offer you additional ways of sorting out problems but they do not take away a dealer’s responsibilities.

Satisfactory quality

There are no precise standards for what satisfactory quality means for a second-hand car. What you'd expect from a ten-year-old Ford used as a towing vehicle would be very different from a two-year-old Ferrari with a low mileage.

Before you buy, make sure you're happy with the quality of the car taking into account:

its age and make
its past history and mileage
its description
the price you intend to pay
what you intend to use it for
any other relevant circumstances

The car shouldn't have any defects, except what the seller points out to you before you agree to buy it. Or anything obvious that you should be able to see when you inspect the car.

Dealers are not liable for:

fair wear and tear, for example if the car breaks down during normal use
if you mis-use the car
if you cause accidental damage.

Fit for the purpose it's being used for

The car should get you from A to B with the appropriate degree of comfort, ease of handling and reliability that a reasonable person would expect.

If you say you want the car for a particular use, for example for towing a caravan, it must be able to do it.

Basically your claim is against the garage not the warranty company and they should not fob you off by directing you to them. If the car broke down within a month this would seem unreasonable particularly if the cost of repair are high.