section 49?

Nick

New Member
Sep 2, 2009
2
0
0
Hi there I would like to try to get an understanding of where I stand with a car I bought..
I dont wish to mention names of dealers etc as this may go further.

Long sory compressed:

I purchased a Mondeo approximately a year ago as a used vehicle from a main dealer. The car came with what was left of its 3rd year warranty. Approximately 8 months worth. I have had no complaints until a month ago. The car no longer selects any gears. We were towed to the selling dealer by the AA who suggested it could be the clutch. The dealer called us after a few days to price me up a complete clutch and possible flywheel? I cannot beleive that a vehicle of only 3 years old and 30000 miles (of which I have only done 1000) should cost me almost between £800 & £1100 depending if it needs the flywheel or not.. I have been told that the dealer will not pay towards repair as its over a year. And that the warranty or manufacturer will not contribute. A freind has been told that under section 49(?) I am not liable for this.. I have tried searching the internet for a description of this section 49 but I cant find a simple explanation.

Can anybody help with section 49 consumer rights please?

Also does this sound like good advice or am I barking up the wrong tree...

Many thanks

Nick
 

Nick

New Member
Sep 2, 2009
2
0
0
Thanks for the reply..

From reading that briefly I guess I dont have a very good case really?

Is there any route anyone can suggest or am I being unreasonable?
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
I think he means section 48b. Anyway, the only way to find out if you are being unreasonable or not is to get the opinion of an expert. Also as well as the factors you mentioned price paid also affects your case - if you paid £100 you wouldn't have a case but if you had paid £1,000,000 you would have a strong case.

It might be worth sending an official letter stating that your rights as defined in the Sale of Goods Act have been breached and you would like the car repaired. Also say that your will escalate this matter to trading standards if the matter is not resolved within 14 days

HTH

Tony