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Old 05 September 2014, 11:02 AM
  #31  
Boro
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I guarantee the customer would win this case at court. A fault of that nature in 2 weeks is a no brainer. Anyone saying otherwise is either misinformed or trying to negate their responsibilties as a dealer.

I'm also pretty sure some warranties don't kick in for a set period of time after the sale, for this very reason. Some dealers have been known to bodge a repair which won't last and get the warranty company to foot the bill.

Take it to court. However, if the vehicle is on finance, you also have a claim against the finance company as they are as much responsible for this as the dealer.
Old 05 September 2014, 12:13 PM
  #32  
mamoon2
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Originally Posted by scunnered
Try doing a bit of research. The sale of goods act may not specifically state a period of time, but case law most certainly does. That period of time being 6 months for a second hand car. Any fault which develops withing six months is deemed (by case law) to have been present at time of sale even if the fault was not apparent at the time.
The burden of proof lies with the dealer to prove the condition was not present at time of sale.
Mate... I sell Vans for a living. Specifically budget vans with higher than average mileage. So i know all about the law.

The dealer in this case can easily prove the condition wasn't present as the buyer admitted the heaters worked when he bought the car. The fact that the car has covered 100k miles and is 7 years old will almost certainly be key in any court action brought.

The OP can't expect to buy an old, high mileage car and not have any parts fail. You can't have it all ways.

Dealer is being more than fair offering half the cost and any judge would agree.
Old 05 September 2014, 12:15 PM
  #33  
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Originally Posted by PaulC72
From memory the min warranty a dealer has to give is 1 month (28 days) that is a legal requirement AFAIK.
Nonsense! Show me?
Old 05 September 2014, 12:22 PM
  #34  
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Gearhead..... Tell your mate to get on ebay and get a replacement motor. They are around £60. I'm sure the dealer will fit it and job done.

Seems a lot of messing around for something so simple.
Old 05 September 2014, 12:54 PM
  #35  
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The dealer hasn't got garage facilities, so it has to use a garage down the road.
The friend noticed when he collected the car (after they had stuck a new mot on it apparently) that a bulb was blown. The seller said to him that he just didn't have time to check it and that it was down to my friend to fix the bulb.

Yes, I know it is only a bulb, but it clearly shows that the dealer did not carry out the 100+ point check that they advertise on their website.

Why should he had to pay any more money after just 1 week.

Mamoon, I would not like to buy a van from you, that's for sure. Yes, on a high mileage car, you could put anything down to wear and tear. But do you want repeat custom or not?

Jesus, I bought a 1994 MR2 turbo a few years ago from a dealer over an hour away from me. I bought it knowing that the temperature gauge was giving weird readings, so I just assumed it was something simple and agreed to buy it. Turned out it was the thermostat. I phoned the dealer and let him know, just for his reference. He said, 'So sorry to hear that, I will send you the money in the post.' And to his credit, he did, all £30 of it, even though I said for him not to worry.

You are either a dealer that cares about your reputation, or one that quite frankly, does not give a ****e.

If it is only £60, why the hell shouldn't the dealer pay for it? It gives a good impression and you are far more likely to recommend them to someone else.

Last edited by Gear Head; 05 September 2014 at 12:55 PM.
Old 05 September 2014, 04:36 PM
  #36  
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Since when did a 2007 car become "Old"?

Mamoon, you say you sell budget vans for a living. How does this make you any more qualified about the law. I sold new and used cars for 11 years and I know for a fact that if a customer bought a 2007 car and the heater packed up after 2 weeks we wouldn't have a leg to stand on.
Old 05 September 2014, 05:22 PM
  #37  
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Originally Posted by mamoon2
Nonsense! Show me?
Maybe Legal was not the correct term, however if a dealer does not offer a warranty the customer is covered anyway under consumer rights which generally imply a warranty of sorts.

The SOGA also give them rights.

Most dealers (especially ones I have dealt with) offer a 1 month min warranty as this generally covers them and they would usually have to fix the issue anyway in that time.
Old 05 September 2014, 06:28 PM
  #38  
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Originally Posted by Gear Head
Mamoon, I would not like to buy a van from you, that's for sure. Yes, on a high mileage car, you could put anything down to wear and tear. But do you want repeat custom or not?
Why not?

I'd have made the warranty company pay out. Clearly the dealer doesn't have enough clout with them. If not i'd have just fixed it as I do have garage facilities. Maybe the dealer doesn't realise how cheap a fix it is?

I'm clearly making a point to the people on here jumping up and advising to get main dealer to fix and hire car, expenses etc... It's ridiculous.

Trust me, i've never left a customer unhappy.
Old 05 September 2014, 06:35 PM
  #39  
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Originally Posted by Boro
Since when did a 2007 car become "Old"?

Mamoon, you say you sell budget vans for a living. How does this make you any more qualified about the law. I sold new and used cars for 11 years and I know for a fact that if a customer bought a 2007 car and the heater packed up after 2 weeks we wouldn't have a leg to stand on.
More qualified than who?

I have to know the law as i sell vans with up to 200k miles, so need to make sure i'm operating properly.

It's not the fact it's a 2007 car, it's the mileage mainly.
Old 06 September 2014, 11:50 AM
  #40  
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The mileage is irrelevant. If an intergral part of the car breaks in less than two weeks from purchase the car obviously wasn't of satisfactory quality at the time of sale. Unless you can prove the buyer somehow created the failure by misuse in some way.

The part in question was obviously on it's way out and could quite easily have been temporarily repaired before sale.

There's a reason people buy from dealers and that's either convenience of part exchange or because they expect things like this to be sorted out without having to jump through hoops or take legal action.

If every dealer in the country treated customers as private buyers, you wouldn't be selling anything.
Old 06 September 2014, 03:54 PM
  #41  
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I think what mamoon is trying to say is in relation to 'wear and tare' where obviously with a car done 100k you can expect some items to 'let go' so therefore the dealer may expect not to cover it via a 3rd party warranty or an in-house one.

Raf
Old 08 September 2014, 03:11 PM
  #42  
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One of the main reasons people buy from dealers is to minimise the risk of the car being faulty so soon after purchase and the expetation of faults like this being put right.

Heaters are not wear and tear items, unlike tyres, brakes, clutches but even they should be expected to last a reasonable amount of time after purchase.

I honestly can't see how people think it's acceptable but then, there's nowt as queer as folk lol.
Old 08 September 2014, 04:47 PM
  #43  
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Originally Posted by Boro
One of the main reasons people buy from dealers is to minimise the risk of the car being faulty so soon after purchase and the expetation of faults like this being put right.

Heaters are not wear and tear items, unlike tyres, brakes, clutches but even they should be expected to last a reasonable amount of time after purchase.

I honestly can't see how people think it's acceptable but then, there's nowt as queer as folk lol.
Are you dumb? Seriously?

I've given you the benefit of the doubt but you clearly have no clue about the subject.

How can you say a Heater Motor is not a wear and tear item? Are motors supposed to last indefinitely?
Old 08 September 2014, 06:19 PM
  #44  
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Originally Posted by mamoon2
Are you dumb? Seriously?

I've given you the benefit of the doubt but you clearly have no clue about the subject.

How can you say a Heater Motor is not a wear and tear item? Are motors supposed to last indefinitely?

In my experience they usually lasts the life of the car...more often than not they outlast the engine (unless its a Megane II or failed from neglect or water ingress as mentioend earlier).
Old 09 September 2014, 08:12 PM
  #45  
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Originally Posted by ALi-B

In my experience they usually lasts the life of the car...more often than not they outlast the engine (unless its a Megane II or failed from neglect or water ingress as mentioend earlier).
I agree. However doing a little research confirms that it is a common problem on certain vw group cars.
The dealer and loan company have both offered to give my mate £100 each. A guy he knows says he will supply and fit for £130. So he will be £70 up. And people said that I wouldn't get anywhere!
Old 10 September 2014, 01:06 PM
  #46  
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Originally Posted by Gear Head
I agree. However doing a little research confirms that it is a common problem on certain vw group cars.
The dealer and loan company have both offered to give my mate £100 each. A guy he knows says he will supply and fit for £130. So he will be £70 up. And people said that I wouldn't get anywhere!
Result. Obviously he'll be giving them the difference back ;-)
Old 10 September 2014, 04:40 PM
  #47  
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Originally Posted by mamoon2
Are you dumb? Seriously?

I've given you the benefit of the doubt but you clearly have no clue about the subject.

How can you say a Heater Motor is not a wear and tear item? Are motors supposed to last indefinitely?


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