Ms Gooner 1

We bought a car yesterday and included in the price was a warrenty. (Now usually I don't touch these things with bargepoles after having my fingers burned) however, it wasn't optional - it was included!
On our way home a couple of engine lights came on - namely ABS and Traction Control. when you turn the engine off - they go off and when you switch back on - they are not there!
Anyway, when we were filling out documents etc - garage showed what we were covered for and said that there was also, as an addition of the "gold" policy - cover in place for ABS, Turbo and 4wd.
Called Landrover today to find out about engine lights - they have confirmed it will be a fault with ABS.
I called garage and she said - "oh I was just sending a letter out to you today in the post - basically the gold policy we have given you, cannot be covered due to milage - therefore, we can only offer you the silver policy" - which I'm thinking will NOT cover before mentioned things!
SO - legally, can they do that - we have obviously signed for the GOLD policy and it was inlcuded in the price.
Secondly, does anyone have a Landrover and could give advice on poss faults - as taking this beast to landrover two weeks before Xmas - I am NOT looking forward to
and finally - if this does not turn out in our interest - can we return the vehicle and get our money back? It was a legit business - been there 20odd years blah blah - not a one man band selling from side of the road ya know.
Advice much needed

bugeyeandy

If you've bought it from a dealer it's really up to them to sort it out.
Unless you've signed the docs with the warranty booklet and have it in your hands now then any verbal agreement you made during the sale could be worthless.
Basically you should return it to the dealer pronto and have it out with them in person.

WRX_Dazza

get gooner and his mate to go down there and discuss it!!! lol

i would take it back, its only one day, not like 3 months later or anything

53

iTrader: (41)

Look at your small print, I had a 21 day 'no quibble return' clause in the T&C's of the VW I bought from Dovercourt.

Tiny

Should of got a Forrester

Supercue

iTrader: (1)

Yeah Baby

V4JDMSTi

iTrader: (2)

more seriously Ms Gooner. If you've signed for the gold policy and it doesn't state anywhere in documentation that you have it's dependent on mileage you should be able to make them sort it.

however, i dare say that the t&c's are watertight. but you could try to get at them with they have led you unfairly to believe that you are getting something you are not receiving. which you could try to push a fraudulent. long shot but may be worth a go.

Ms Gooner 1

OK - thanks for the input - it may well be solved. We spoke to the dealership who have basically said they are willing to give a full refund - so I think we'll just take it back and get something else!
Not convinced that a forrester has got 7 seats - however, if someone would like to point me in the direction of one that is for sale - with 7 seats and seatbelts (this is for the kids you see) - then I would very much appreciate it!
If not - I'm on the hunt for another Discovery - or similar!

PMSL at the comment to send Gooner and his mate though - not sure why you all think his mate is such a nutter but yes - we had already discussed the "not technically correct" approach

V4JDMSTi

iTrader: (2)

that's good to hear. at least something is working in the right direction for a change.

sheikhlala

Not sure what to look for with the faults but our Discovery is covered by Lookers own warranty, instead of landrovers, and it covers all the same bits as LR`s but is cheaper and Lookers Colchester is nothing short of superb, can`t recommend them enough.

Used Cars - consumer rights


The Law
When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives buyer and seller rights and responsibilities and applies to the sale of used cars in the same way as to other goods. When you buy from a trader, you have the right to expect the car to be:

• of satisfactory quality;
• fit for its purpose, including any particular purpose made known, and
• as described.

The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. So, when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be:

• fit to be used on the road;
• in a condition which reflects its age and price, and
• reasonably reliable.

When you buy as a consumer from a motor trader, your legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. An example of an attempt to do so is a notice such as ‘sold as seen’. Such phrases are meaningless and cannot alter your rights. If you see a sign of this type, report it to Consumer Direct on 08454 040506. A warranty or guarantee can only be given in addition to your legal rights, not instead of them. You can take legal action under the Sale of Goods Act 1979 for up to six years after the date of the contract, but it is unrealistic to consider legal action for defects on used cars – especially older vehicles – once you have had them in use for a reasonable length of time. Each case is different, so it is best to take advice before you decide what to do.


Action to take
If you have bought a car from a trader, which turns out to be faulty or which you think has been misdescribed, you need to take action straight away.
The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price. Therefore, if you have only had the car for a very short time, have only driven a few miles and you discover a major problem, you are probably entitled to reject it and get your money back plus the return of a ‘traded in’ car, if there was one, or its value if it has been disposed of.
If you decide to reject the car, stop using it at once, contact the trader to discuss the matter and make it clear that you wish to reject. Follow up this approach with a short letter explaining the nature of the complaint and confirming that you wish to reject and get your money back. Try to make an appointment to discuss the matter with someone responsible at the garage but, remember, if you wish to reject, it is important that you put it in writing as soon as possible. You can accept a repair for a major fault but this won’t stop you claiming a refund if the repair turns out to be unsatisfactory. It is best to make your position clear before any repair is attempted.
You should bear in mind that the law only allows consumers a short time to reject goods before, in the legal sense, they have ‘accepted’ them. This means that you have had the goods long enough to establish that they are satisfactory or that you have told the trader that you have accepted them. Only a court would be able to make a decision on this point but would take all relevant factors into account.
If the fault was present when you bought the car, you do have other remedies, even if you have left it too late to get a refund. You are entitled to seek a repair or replacement. These have to be carried out within a reasonable time and without significant inconvenience to you. If replacement or repair is not possible, then the law allows for the options of full or partial refund. Each case would be judged on its own merits.
The onus is normally on you rather than the trader to prove a claim, i.e. that the car is defective in some way. However, the law now states that if you are claiming replacement, repair, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the ‘reversed burden of proof’.
After six months, it is up to you to provide evidence to support your claim that the car was defective when it was sold, so you may need an independent report. If you need to pay for a report, which can be used in court, try to get the trader to agree beforehand that the report can be used as a basis for negotiations. Write to the trader to suggest this, so that you can show you have tried, but you should not let failure of the trader to agree or respond prevent you from getting an expert report when you need one.
Some points to note about accepting a repair:

• If the repair will take a long time, you may also be able to claim compensation. For example, you may be able to claim for the cost of hiring a car or the trader may, of course, offer a loan car.
• If the repair adds to the value of the car, the trader could have a case for asking you to make a contribution.
• You may choose to use your rights under any warranty you were given with the car but, if you do, you must comply with all the terms of the warranty. Remember that you do not have to rely on the warranty, you can use your legal rights instead.

When you go to the garage to discuss your complaint, you may see the salesperson first. Take all the paperwork and be prepared to be patient, clear and firm and take someone with you if possible. You may have to go through the complaint several times and you may need to speak to someone more senior if the matter cannot be resolved. Make it clear which of the remedies described above you are seeking. If you are entitled to a refund and this is what you want, be persistent. However, most car faults can be repaired and, in cases of genuine faults, the trader is likely to offer repair. Try to get specific details as to what the diagnosis is and what it to be done. Get this in writing if you can.
If you and the trader cannot reach an agreement as to the solution to the problem, you should write letters to the trader and finance company, if there is one, keep a copy for yourself and send a copy to the head office. It is usually best to send letters by recorded delivery.
If the repair fails to rectify the fault, inform the relevant person and, again, try to agree an acceptable course of action. This is where a second opinion or a good technical report is useful, so that you are in a stronger legal position. Keep the finance company involved, if there is one. If the trader offers something but it is not what you want, don’t be rushed into a decision. Take time to think about the offer – you can accept or negotiate for a better offer. Only you can decide what to do.
If you have to have repairs carried out elsewhere, you should make sure the trader knows you are going to do so beforehand to give him an opportunity to resolve the matter. You should ask the repairer to write you a report on what was wrong with the car, providing full written details of the work carried out and the cost. It is best to keep all defective parts which have been replaced. You can then sue the trader/finance company for the cost of repair, secure in the knowledge that you have proof of what was done and how much it cost. You may need to prove that, on the balance of probabilities, you were sold a car which was not of ‘satisfactory quality’.
If negotiations fail, you could consider using an alternative dispute resolution scheme. Check to see if the trader is a member of a trade association which has such a scheme.
As a last resort, you may need to consider taking court action. You should write and notify the trader and finance company, if there is one, of your intentions. Most claims up to £5000 can be settled using the small claims procedure in the County Court and you can obtain further information from your local County Court or online at Her Majesty’s Court Service website.
If you bought your car from a trader online, and things have gone wrong, check the website from which you bought the car for details of how to report a complaint. Report your complaint as soon as possible, preferably in writing. Follow the advice given above and remember that you may have additional rights under the Distance Selling Regulations. If the car is faulty or misdescribed, and you want to reject it soon after purchase, the trader should arrange the collection at his/her own expense. You may, however, be prepared to negotiate on a replacement car or to have your car repaired. The trader may agree, if they trade some distance away, to have repairs done locally at his/her expense.
If you bought your car via an Internet auction, check the website to see if they run a dispute resolution scheme, which may help you.
Remember, used cars may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.
Points to note
Mileage
If you are buying from a trader, look to see if there is a disclaimer stating that the mileage is not guaranteed and so cannot be relied on. It should be ‘bold, precise and compelling’ and effectively brought to your attention. If there is no disclaimer, it could be argued that the trader is stating that the mileage is correct and you can rely on it. It then becomes part of the contract and of the description of the vehicle. It can be difficult to prove a car has been ‘clocked’, so the golden rule is to walk away if you are not satisfied. There are organisations which will provide you with information on a car for a fee – check online for details. If you have bought a car which you believe has been clocked, contact Consumer Direct on 08454 040506.

Hope this helps

Ms Gooner 1

Thanks for that (I think) LMAO. We are going to return the car and get our money back - just need to find another one