Car dealership warranty issue

[Broughtonblue]

Traded my car in with a national dealership last May, against a 2nd hand £20,000 car. I had to pay £11.5k as I got £8.5 trade in. The new car had a 3 year manufactures warranty that ran out in December. On purchasing it I was told the car would come with a 6 month dealership warranty, when we querried why we would need this running alongside the manufacturers warranty, we were told it would actually start when the manufacturers ended, so Dec 23rd last year. Fast forward to last week, 7 weeks after the manufacturers warranty ended, but obviously 7 weeks into the dealership warranty starting, the car completely broke down. Breakdown service to the dealership, but so far, after 4 hrs diagnostic checking, at £172 per hour they are nowhere near finding the problem. And here's the issue, they are refusing to honour the warranty as we have nothing in writing!
They have offered us £14k trade in against a new car from them, but that means I'm £6k down in 8 months, plus the £6k I will have to put towards it. Or I can keep paying the £172 per hour diagnostic fee until they sort out the problem, then obviously I've got the repair costs on top!
I know I should have got the warranty in writing, but I've given them over £50k worth of business in less than 14 months, and stupidly trusted them as had good service previously.
Any advice on whether there is a legal/ different route I can go down?

 

[bikingdad90]

With a verbal contract, you’d need to look for evidence such as third parties who may have overheard the conversation and corroborate your story. Is there any texts or emails on the matter? Once you can establish that a contract exists you can move onto determining if there is a breach of obligations, the breach causes you a loss, it isn’t statute barred etc.

Unfortunately, you may need to take them to court and incur the fees etc.

I can’t vouch for what action to consider taking and the implications of such actions. Personally, I’d maybe speak to Citizens Advice or if you have home legal expense on home insurance, see if that covers a consultation?

 

[Chris S]

Why would two warranties run simultaneously? It doesn't make sense. One must have started after the other.

 

[Broughtonblue]

With a verbal contract, you’d need to look for evidence such as third parties who may have overheard the conversation and corroborate your story. Is there any texts or emails on the matter? Once you can establish that a contract exists you can move onto determining if there is a breach of obligations, the breach causes you a loss, it isn’t statute barred etc.

Unfortunately, you may need to take them to court and incur the fees etc.

I can’t vouch for what action to consider taking and the implications of such actions. Personally, I’d maybe speak to Citizens Advice or if you have home legal expense on home insurance, see if that covers a consultation?

When buying the car I was initially served by a young lad who obviously didn't know much about selling, I was that disgruntled with him I asked for the sale to progress with the sales manager I'd dealt with when buying a previous car, I had a good relationship with him so felt comfortable. When this issue started I asked him to look into it, when I told him about the verbal agreement with the young lad, he said he doesn't work there anymore, and we are not the 1st customers to say they had been promised something that wasn't true. But nothing in writing! I'm tempted to see him again and record our conversation, that I will lead on to him admitting that fact!

 

[Drago]

Why would two warranties run simultaneously?

They won't.

I had this when I bought my van. The aftermarket warranty doesn't kick in until the manufacturers warranty expires. Indeed, in the small print of the aftermarket job it clearly states it won't pay out if there's another warranty in effect at the time.

Sadly for BB I can't see a way out. The lesson going forward is that if ain't written down, it didn't happen.

As for the currecpnt predicament, the Consumer Rights Act gives a degree of tapered protection as far as six years after purchase, so I'd be leaning on that instead. You'd probably still end up contributing something, but that's better than nowt.

 

[Broughtonblue]

They won't.

I had this when I bought my van. The aftermarket warranty doesn't kick in until the manufacturers warranty expires. Indeed, in the small print of the aftermarket job it clearly states it won't pay out if there's another warranty in effect at the time.

Sadly for BB I can't see a way out. The lesson going forward is that if ain't written down, it didn't happen.

As for the currecpnt predicament, the Consumer Rights Act gives a degree of tapered protection as far as six years after purchase, so I'd be leaning on that instead. You'd probably still end up contributing something, but that's better than nowt.

Unfortunately I don't think the 6 months will apply, as in reality, the car cost £20k and they are willing to give me a refund of £14k in way of a part exchange! I'm no legal expert but I presume they are offering something gets around that.....

refund.
Six months or longer: You must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

 

[Drago]

I don't think proving it to be faulty is going to be difficult.

 

[Broughtonblue]

I don't think proving it to be faulty is going to be difficult.

In the part I've copied off the cab website, it says to claim a partial refund, I'm taking that as they are offering £14k as a partial refund?

 

[Drago]

I'd guess it would be if its a cash offer.

 

[Alex321]

A lot of these timescales (such as the tapered protection up to 6 years after purchase) don't apply to second hand goods though, which the car obviously was, if the three year manufacturer warranty expired 7 months after you bought it.

 

[Jody]

Breakdown service to the dealership, but so far, after 4 hrs diagnostic checking, at £172 per hour they are nowhere near finding the problem. And here's the issue, they are refusing to honour the warranty as we have nothing in writing!

What happened to it and what car is it?

Crazy that a dealer hasn't located an issue or have a good idea withing 4 hours diagnostic time

As an aside, £172 an hour is digusting

 

[ebikeerwidnes]

You could check on the company's website in case there is something there that says there is a warrantee

However, when I bought a car from a well known national dealer - only about 6 months ago - I went through details of the warrantee and ended up saying to my wife
so - basically if we can drive it home and something goes wrong the company will probably wriggle out of anything

Which is why the first thing I did was to get it serviced at my normal garage and asked them to give it a good look over while they were at it


Unfortunately second hand car warrantees are normally only as good as the paper they are written on - and paper isn;t much use in fixing a car!

 

[fossyant]

Sounds like they may have told porkies. My van had a three month dealer warranty as it was just over 3 years old. For a fee it could be extended to 12 or 24 (so extra 9 or 21 months). I would possibly say the car came with a minimum of 6 months warranty with dealer, and any balance with manufacturer.

 

[midlife]

Is there a Motor Ombudsman ? The standard dealer warranty is thee months as I think that’s what is in legislation somewhere

 

[ebikeerwidnes]

I think I read somewhere that the business has a duty to spot any problems that should be obvious to a motor dealer
i.e. they have more knowledge of cars than "the average man in the street" (and woman clearly) and so should be able to spot some problems that normal people would miss

However, the buyer does have some responsibility themselves, if the car only has 3 wheels (and is not a Reliant etc!!!) then you should spot that yourself
They do not need to have done a proper inspection that a proper mechanic could do with a ramp etc -

If the car does not go at all - but you didn;t take it for a test drive then that COULD be their problem - not everyone thinks t take a car out for a drive (yes - I know - but apparently true!!)

anyway - anything they should have spotted as an experienced car dealer they could be held responsible for - but only for a few days or so unless there is some reason for a longer period

anyway - something like that