Hi all

 

Right having a problem and it a touch complicated so ill start at the beginning,

 

I bought my car from a dealer with a 3 month warranty, a fresh mot less than a week old and felt fine to drive, anyway a few weeks before the warranty was due to expire in took the car to QST for a check over, they found drc problems and recommended new new suspension total cost 1400 which is reasonable.

 

I looked for the warranty paper work and couldn't find it so I phoned the dealer and asked for a copy, they called me back a few hours later and said they had forgotten to do the warranty but said no problem they'll give me another 3 months starting that day and told me to give it a few weeks and make the claim, a bit dodgy but if it gets sorted no problem.

 

Few weeks later I called the rac and started the ball rolling, because of the amount of the claim they sent out an engineer, the engineers report says that he suspects the damage occurred before the warranty start period and therefore won't pay out. so I payed another engineer to check the car and he agrees and estimates damage started up to a year ago.

 

Now the question is who should pay?? The dealer is saying that because of the mot being clear of all advisorys the weaping shock couldn't have been there on sale although are saying they are going to see what they can do in regards to putting some money towards the repair and the rac are rightly saying the damage was already there.

 

I wouldn't mind paying for it if I'd had the car for a year but I only bought it 4 months ago do I have any legal right to send the dealer the invoice? Or should I just roll over and pay to have it done?

 

Sorry for the essay

 

Hope someone can help

 

 

Cheers,

 

Nick

i'm surprised that the warrantie covers shocks anyways as there classed as ware and tare item

but the garage should sort it to half the costs at least

The only reason the warranty would cover it is because it's the hydraulic suspension pump that's failed which is a mechanical failure just a pain they sent out an engineer really lol

In my experience these waranties aren't worth the paper they're written on to be honest

 

We bought a VW Touran from a car sales place in Ross on Wye a few months back (we paid for an all singin all dancing 3 year premium gold warranty cover) and after only a few weeks the warning light came up on the dash. We took it to a VW dealership, it turns out that the timing chain had stretched causing the cam sensor to trigger...long story short it was going to cost best part of £2000. We spoke to the warrenty place and they weren't interested and then informed us that if we drove the car and the engine blew up then they would not be liable. They then told us to drive to one of their registered garages? After a bit of probing we established that if we hadn't informed them of the timing chain issue and the engine had blewn up they still wouldn't be liable?? Their garage would have to strip the engine down to determine the cause (we would be liable for the entire cost of this 'inspection') they would then send their technician down to examine the suspected cause and make a decision as to whether they were liable or not!

 

We then phoned the car sales place and in no uncertain terms asked him WTF!!!! and all credit to the guy he asked us to return the car to him and he'd get a local garage in Ross on Wye to carry out the timing chain replacement and a few other minor bits picked up by the VM dealership, he informed us that he would deal with the warranty company and that if they denied liability that he would cover the cost. We then had a courtasy car for the next 4-5 days and all was good, we collected the car en route to Bristol airport (during the floods), shat-nav took us to the wrong long stay carpark and just as we were about to leave....CLUNK!!! battery warning light....stop the car quick!!

 

A quick inspection showed that one of the pulleys had completely fallen off the engine with a guilty looking nut sat next to it and an alternator belt flopped over clearly not where it should be. Quick push into parking space and hop onto bus to catch flight that we just managed to get checked in for.

 

Text car sales place and showed him pics, he was very appologetic and asked us to get the car dropped off at the garage that did the work (they re-used an old nut by all accounts). We had another courtasy car for the next few days and then we picked it up......

 

All I'll say is that he was a genuine guy and he has always dug out blind to sort the problems so couldn't fault him at all (the young lad who replaced the timing chain probably got a clip around the ear for his muppetry but all good).

 

The warranty company however were/are a complete pile of horse shit and I wouldn't bother (quick internet search showed that their policy was simply to not pay out!)

 

 

I personally would go back to the garage that sold it to you mate and explain the situation, I always thought that a business had to honour a 6 month mechanical warranty anyway but not sure if that would include suspension?

 

 

Be nice and try not to be confrontational and they may surprise you and offer to carry out the work or pay half etc

Hi Nick,

 

I'd say that if the warranty company refuses to pay out on the grounds the fault was present before the warranty started, then the dealer is responsible - as the car was sold to you with that defect.

 

So my course of action would be to go back to the car dealer, with that in mind, and say that as far as you're concerned, either the dealer or the warranty company is liable for the repairs; and ask what he is going to do to help you out. If he supplied the warranty then he surely has a duty to assist you in pursuing your claim against the warranty company - failing that he needs to make good on the cost himself.

 

Another thing, did you finance the car at all; or pay using a credit card? Under the Consumer Credit Act, the company providing finance may also be held (jointly) liable, should the product purchased not be fit for purpose. Sure, it could well be just another company in the loop denying responsibility; but as you are the innocent consumer here each party should be doing their best to help you resolve the issue. And if not, contact your local Trading Standards office!

 

Good luck mate

 

Richard:cool3:

Now that's one option I didn't think about, yea I got the car partly on finance which is why I havn't threatened to give the car back to the dealer because if I settle The finance early I'd be left out of pocket due to the interest charges

Under the Consumer Credit Act, the company providing finance may also be held (jointly) liable, should the product purchased not be fit for purpose. Sure, it could well be just another company in the loop denying responsibility; but as you are the innocent consumer here each party should be doing their best to help you resolve the issue.

 

Totally off topic but jut a note on this - you can do pretty much anything you want to under the consumer credit act and we have been victims of that

 

Long story told short but:

 

We used to own a computer business building and selling PCs through our own shop in the mid 90s to about 2002 when we changed direction to our current business

 

We sold a lad a computer motherboard with 12 month warranty (on credit card)

 

After about 20 months the motherboard went faulty

 

The lads father was a bit of a no it all and requested a full refund on the basis a motherboard should last longer than 20 months regardless of our warranty terms

 

As the customer said they fitted the motherboard at home, (and in the accompanying documentation it said it was to be fitted by qualified persons only in an electrostatic safe environment) we refuesed and said see you in court

 

The know it all then brought a claim against us in court and we said no problem we will present our case

 

However he named the credit card company as a joint defendant and they paid him out (and debited our bank account) without even letting us defend the case

 

We then took the credit card company to court and they cancelled our account so we could no longer take card payments (even though they paid us our money back on the motherboard before it went to court)

 

We are still in business 18 years later but for all those years since, we refuse to take credit card payments

 

It's a crazy world isn't it

Edited February 22, 201312 yr by dicky96
speeling mistaks

^^^

 

I see what you mean Dicky; in your case that does seem harsh as the credit card company did not give you any option to defend your own position. Sadly that is often the way with credit card card companies - a bit like how they just swallow the losses to fraud without even bothering to pursue known perpetrators; which we all know just increases costs for consumers and businesses. It's the easy option for them......:sad:

 

I see why you won't take credit cards now mate; but at least they paid your money back in the end!

 

Hopefully Nick will have similar good fortune now he has another avenue to explore....

 

Richard:cool3: