Help? Who is liable?

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Help? Who is liable?

Lewiis

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Hi, so basically bought a GP a couple months ago, but found out that the radiator is broke as its leaking coolant, and when I start the car now, it makes a weird noise? Like it just sounds louder than normal and when I put into first gear, it sounds like something is banging in the engine, go into 2nd and it gets louder but when I brake at a junction, and pull off at 1st, the sound will disspear until I turn the engine off and back on again? It sounds like something bad on the exhaust but it's not, it's in the engine. What could this be? As I only bought the car a couple of months ago, is the garage liable?
 
What written guarantee did you get from the garage when you bought the car? If the warranty has expired I guess the garage is not liable.
 
What written guarantee did you get from the garage when you bought the car? If the warranty has expired I guess the garage is not liable.


It does have some sort of warranty but not from the garage itself, but I don't think it covers for any of the issues I have.
 
You need to find out what the warranty covers. I suspect the sounds you're describing is loose exhaust but it's hard to be certain without hearing it and without getting eyeballs on the car. I'd say that should be covered by the warranty but they are often very minimal in what they cover. New radiator anyway shouldn't set you back too much.
 
You need to find out what the warranty covers. I suspect the sounds you're describing is loose exhaust but it's hard to be certain without hearing it and without getting eyeballs on the car. I'd say that should be covered by the warranty but they are often very minimal in what they cover. New radiator anyway shouldn't set you back too much.


I don't think it is the exhaust! And how much are new radiator with labour charges? Estimate?
 
Surely, the first thing to do is return to the selling garage and ask them to give their opinion. They might surprise you and fix it. If not, then report back what they say, and better advice might be forthcoming. Currently, we are just trying to guess what might be wrong, from your description.


I live 100 miles away from the garage so I can't just return like that as I'm at work mostly :(
 
I live 100 miles away from the garage so I can't just return like that as I'm at work mostly :(

Kinda makes the whole 'who's liable' argument irrelevent then.

If you don't know what's wrong what the warantee covers and you can't get the car to the garage you bought it from, then you're going to have to get it fixed yourself once you know what's wrong you could approach the waratee company to see if they will pay for the repairs but what ever you'll need to at least need an engineers report
 
Get a quote from a local, trustworthy, garage then call the place you had it from. If they won't play ball, then have a word with your local CAB or trading standards. If you have only had it a couple of months then it should be sorted or at least you should get a contribution. This is a scenario I see time and time again, buying a car from miles away seems a good idea at the time but when it goes wrong the trouble starts. Also, if you bought it on finance they are liable to a degree as well.
 
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So your saying tescos sells a kettle and it fails after the first year tescos must replace
I dowt that as you usually only get 1 year guarentee

Ziggy

Yes, that's what I'm saying.
You can read the EU directive on the subject: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:en:HTML

If I buy a kettle in a comparable shop to Tescos (we don't have Tescos in Denmark) and it stops working after 1 year, I'll bring it down to the shop with my receipt and they will either repair it or replace it, unless it's proven that I'm responsible for breaking the kettle.
 
So your saying tescos sells a kettle and it fails after the first year tescos must replace
I dowt that as you usually only get 1 year guarentee

Ziggy

Correct, regardless of guarantee period it still needs to be fit for purpose, and if it fails at just over a year old then it's not fit for purpose really. Same would apply for any other white goods and tv's etc.
 
I'm reading this post with great interest as UK standard warranty is 1 Year.

EU are say 2 years (I note some restrictions) but this can/could/will turn into a bags of worms for the humble consumer unless they can find/prove UK relevant legislation / trading law that fully supports the EU 2 year criteria.

I guess there will always be smoke and mirrors involved when warranties are concerned.

And as for the UK extended warranty market for just about all goods we buy are were saying that they a participating in massive fraud? and especially in year 2!

And this seems to cover/sum up the whole picture:

http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html
 
Somewhere in the Sale of Goods Act I'm sure it says that goods must be of "merchantable quality". If it's just a split hose I'd be surprised if that's covered as rubber perishes just like tyres and, obviously, some components such as brake pads and clutch plates wear at different rates depending on how the car is driven.

But as has already been stated you should really go to a local garage and get an expert opinion. It might be something simple and cheap. You do also need to check the warranty to find out exactly what's covered.

A friend of mine went on holiday to the US a few years ago and was really taken by a 1972 Chevrolet Camaro on a dealer's forecourt. It had been restored with the original straight 6 removed and a 400CI V8 Crate engine installed along with a 6 speed manual from a Corvette. It came with an aftermarket warranty, and after about 18 months but only around 5,000 miles, the alternator failed. He rang the dealer in South Carolina to find out what model it was but he'd have to buy it over the internet. A week later a large brown van pulled up outside and a man in brown corporate clothing knocked on the door. He'd brought a new alternator and in the box was also a drive belt and fitting guide.

You don't get that kind of service every day
 
Taking the above into consideration the essence is that you're buying a second hand car where almost all components are subject to wear and tear
You will struggle to provide proof that any given component had inherent defects if a problem develops within a few months of purchase, this is why an engineers report would be essential in such situations
 
Give them a ring and ask nicely if there's anything you can do.

I had my brakes fail on my old Punto (at 60mph approaching a roundabout...you should have seen the faces of my passengers when I announced that one lol)

Turns out that the last work I'd had done in Grimsby hadn't been checked properly and the front brake hoses were rubbing on the inside edge of the rim. I was in Fleetwood at the time. When I contacted the original garage to advise them to check their work (they are good guys, and this was a one off - they hadn't checked on the new guy).

I had the cost of the work to replace the brake hoses refunded and a discount was offered on my next visit to them.

They didn't even ask for proof, took me at my word. Not had to visit them for a while (Focus is a tad more reliable than the Punto lol)
 
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