gtitim
Member
Registered: 13th Feb 05
Location: the boonies
User status: Offline
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in need of legal advice: bought a new car last week. within 4 days alarm has packed up. phoned garage who say not under warranty. main dealer wants £115 to fix it. do i have any rights under trading standards to get this fixed or do i have to cough up??
got this funny feelin the garage will be a right pain in the ar$e to deal with lol
thanks in advance
tim
[Edited on 15-02-2005 by gtitim]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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Vauxhall dealer or an indepedent?
Stuff has to be fit for a purpose and they're not legally obliged to warrant anything other than suitability for a purpose for a reasonable time.
There is also the issue of whether the fault was apparent when you took delivery, as a trader they must ensure themselves that things work, its not up to you to check.
What age is the car?
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gtitim
Member
Registered: 13th Feb 05
Location: the boonies
User status: Offline
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was from an independant mate. is a nissan almera gti 1998. the missus drives the corsa in our house. want a let corsa but too skint lol. was advertised with factory fitted alarm/ immobliser and both were working when it was sold.
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gtitim
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Registered: 13th Feb 05
Location: the boonies
User status: Offline
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anyone ever had this sort of situation before??
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James_DT
Member
Registered: 9th Apr 04
Location: Cambridgeshire
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It's failed since you've taken delivery of the car. Did they give you a warranty or not?
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gtitim
Member
Registered: 13th Feb 05
Location: the boonies
User status: Offline
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the warranty is not by the garage themselves, but by some company called qudos. it seems to exclude everything literally bar engine seizure, inc the alarm.
however, for the alarm to fail after 4 DAYS is not on in my eyes my problem, i feel that the garage should meet the bill not me!!
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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This is not a warrenty problem, this is a suitability for purpose problem.
Regardless of what the warrenty excludes, the car should still be fit for the purpose for which it was sold.
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James_DT
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Registered: 9th Apr 04
Location: Cambridgeshire
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We had the immobiliser fail on our Laguna within a short while of buying it. It was sorted for free, and was either covered by the garage (Renault main dealer) or Qudos (It came with the Qudos warranty).
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williams1.5
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Registered: 15th Feb 04
Location: worcester
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interesting m8,you would have had more to fall back on if it was a dealer and not private. however thats irrelevant,they are breaking your statutory rights.as a consumer you have a right to have it fixed as it obviously isnt of a reasonable persons expected standard and so they should fix the problem free of charge.
If they still refuse to co-operate,go see your local citizens advice and ask to be put in contact with someone regarding the sales of goods act and how your rights are being breached.
Thats why the act was passed, to protect consumers such as yourself
Hope ive helped
williams1.5 (HND LAW)
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gtitim
Member
Registered: 13th Feb 05
Location: the boonies
User status: Offline
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thanks for all your help guys. nice to find a forum where ppl are willing to offer their help and views without judging others etc. will be going to see the garage owner not the sales guy tomorrow and see what he says.
i have e-mailed my local trading standards and so hopefully they will back me up, but nice to know others think im in the right. will let you know what happens
tim
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J100RSA
Member
Registered: 4th Mar 01
Location: Thornhill, West Yorkshire
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you have a 28day warrenty if car is bought from any trader
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gtitim
Member
Registered: 13th Feb 05
Location: the boonies
User status: Offline
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just to let you know: the garage wont pay up. says not his problem as car still drives. been in touch with trading standards who say im in the right. have got to put complaint in writing to the garage so will be doing this tonite. also been in touch with the credit card company i paid with, who are going to investigate for me and will involve trading standards. however, still stuck with no alarm or immobiliser until all sorted out.
do i wait until its sorted or cough up, get it fixed and then try and reclaim the cash from the garage or from credit card??
me thinks its going to take forever to be sorted
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Hagger
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Registered: 6th Mar 04
Location: Hull
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say to the garage that you'll take them to a tribruneral (sp?) if they dont pay , im sure all things u buy in the uk have a 28 days warranty? specially when its things that cost a bit of money like cars
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