So here's the situation. I bought my Alhambra on 12/9/12, car is 2001 51 plate, bought with 127,500 on clock and now just turned 130k. I was told when I bought it there was a 3 month warranty, now due to an issue developing, the sales guy has decided there was a 2k mileage limit and won't deal with a repair under the 'warranty'. The problem is its stripped the splines off the driveshaft and possibly caused some damage in the gearbox, so not looking to be a cheap fix.
Now, the garage want me to either pay full amount myself, or maybe willing to go 50/50, but I've only had the bloody thing for 2 months, no mention was made of a mileage limit when I bought it, and I can't find my receipt to check. Is there any kind of statutory warranty that should apply? I haven't ragged the car, so its not my driving that's caused this, and I'm obviously not best pleased this has happened. And before anyone says it, I'm not expecting an 11yr old car with 130k to be perfect, but surely I shouldn't have expected this happened?
So, is there any kind of statutory warranty he should have supplied, ie, sale of goods etc, or am I basically f*cked?

 

When I looked online it said the statutory warranty on anything bought was 6 months.

Double check to make sure though. Think it was a trading standards site.

 

Sale of Goods Act say anything should be of merchantable quality, but proving the defect existed 2 months ago when you bought a 130k miler is going to be nigh on impossible.

I would expect that you should have been given written details of any warranty on your car and without that you are reliant on goodwill, so best be nice to the dealer!

EDIT:
Q2 on this seems to suggest that for the first 6 months it's up to the dealer to prove the car WASN'T faulty at the time of sale:
http://webarchive.nationalarchives.g.../page9010.html

More up to date (but the same) stuff here:
http://www.lawgistics.co.uk/used-car...cond-hand-cars

 

Age nor mileags is relevant.
Did they give you anything in writing which you signed to back up there statement about the mileage limitation? It should be fit for the purpose it was sold for.
It's down to them but you might have a fight on your hands but you should get all your costs back if you pursue it. You will need to demonstrate that they have been made aware of the problem and given the oppurtunity to rectify it.

Failing that buy some matches and have a bbq.

http://www.tradingstandards.gov.uk/a...icles-sum6.cfm

Edited to add that if it's driveable, take it back, hand them the keys and walk away and start proceedings to get your money back

 

I've had a look on the net and it seems the 6 months thing applies, its down to him to prove the fault wasn't there when I bought the car, how he'd manage to do that though, I haven't got a clue. From reading through the links posted above, I can't see how he could prove the fault wasn't there, there is only small bit of history which amounts to the last 5 MOT's and receipts for work carried out over the last 4 years at MOT time, service etc. The car was MOT'd 2 months before I bought it, which it failed, and was subsequently repaired and retested.
And no the car isn't driveable, they have the car, its now in a workshop somewhere having the gearbox stripped to see what damage has been done. So far I know it has stripped the splines from the driveshaft, gearbox end, and the stripdown is to see what other damage may have been caused. He's expecting me to foot the bill, albeit at trade rates, but I don't think that'll be happening now.
It also seems there may be a case of misdescription as well, the car was advertised as having aircon, which doesn't work, and he'll only repair if I pay for the pipe to repair. Seems it should have working aircon as it was advertised as such...

 

Have you got the original advert for the car?
Does either your sales invoice, the advert or website state anything at all about warranty implications and restrictions?

First thing I would do would be contacting Trading Standards in there area to see if they're known to them and explain the problem.

 

Have contacted trading standards consumer direct line, who pretty much confirmed everything that is in the links above. The salesman now claims to have done the same and is claiming wear and tear, and that he's been told the age and mileage of the vehicle bear testament to this, the opposite of what I was told which is that although a contributing factor, they do not detract from his obligations.
Any ideas on how he could show proof that the fault wasn't there? Crystal ball or time machine?

 

are you a mechanic?

if the answer is no, then it's up to them to have sold you a saleable vehicle and rectify any faults within the first 3 months as stated on your bit of paper than you signed

if the answer is yes, they you may be a bit fucked if it goes to court as they could then say you were aware of the problem in the 2.5k miles you used the vehicle

don't be a mechanic, be a member of the public who has bought a lemon and then been fobbed off by the garage that sold it which is why you are going to court to recover your money

although if they say 50/50 you can be sure they will bump up the bill to make it 200% of what it is so that when you "only pay half of it" you will be thankful

 

Dojj, I'm not a mechanic so we're ok there.
They've now said they'll get an 'expert' to look at the car and assess if the fault was there when I bought it. How do I know the 'expert' will be impartial and unbiased? I can't help thinking I'm going to be stitched up!

 

I had a call this morning to say that it definitely the driveshaft, its stripped the splines, and they're saying its a wear and tear item.
The sales guy had originally offered 50/50 on the repair, and offered it again this morning, which I took as a goodwill gesture. He then went on to offer a refund and return of my part ex, or an exchange for a similar car. All the way through this he's been saying they're not liable for the repair, and its down to me, so why suddenly offer the other 2 choices? Incidentally, I'm not interested in those options, I like my car and just want it sorted, but the cynic in me thinks something is up for him to offer those choices.

 

If your happy with the outcome then fine.

I'd be straight with him and tell him you spoke to TS and ask him to level with asking why you would want to replace it. They might have found the car is proper monster with other work needed doing and possibly a money pit. It happens.

I had similiar dealings in July when I bought a BM'er. A month later it needed a new sensor on the inlet manifold and power steering pump and they pulled the "wear and tear" line with me, but we could go halves. Like fuck! I didn't pay retail money for a trade deal to be left at the side of the road. They replaced the parts.

If it's a lemon then let them have it back IMO ....

 

I think I would take my old car and a refund.

 

To be honest if they have offered a full refund i don't think you could ask for much more.

 

looking at the other problems you have had with car i would take refund and old car back

https://passionford.com/forum/genera...un-around.html

 

As such its not a full refund, there will be money deducted to account for the use I've had of it. I'll speak to him tomorrow, I think I'd be more inclined to ask him to source another Alhambra/Galaxy to the same spec, SE/Ghia, same age etc. My trade in wasn't the best, hence why I accepted a fair bit less than trade for it, and if I'm going to lose money by going down the refund route, I can't be arsed with the hassle.

 

take the money, go to another garage, buy another car, or wait for the right car to pop up

 

Petrol bomb the place.

 

And bum the owners dog

 

The place needs it!

 

The plot thickens. Apparently my old car was put in auction last week, and was told tonight by a friend who was at the auction, it may have sold tonight. So how does that affect a refund? Consumer direct reckon he'd have to source a like for like replacement for my trade in. Best he starts looking for another 2.2 tdci Mondeo estate...

 

not quite sure i would say that driveshaft splines would be classed as a wear and tear item!!!battery,tyres,clutch,drive belts,brake pads/shoes,cv joint yes,but not a driveshaft spline

i would imagine where i work we would be offering to put the car right at our cost,regardless of what it cost us unless it was going to be very expensive and if this was the case we would offer a full refund.
we have had a few issues where we have sold some of our p/x's and they have come back needing major items and we have either sorted it and lost money or given a refund-
its a percentages game as 90+% of the cars we sell they make good money on-cars are cars and some will always be problematic!

 

The problem with the car is the inner 1/4 shaft and the outer short shaft splines have worn away over the years, yes it is wear, but its simply a poor design.

All Alhambra/Galaxy do it at high miles, I have changed loads of them, you MUST buy both sections, I have never seen one damage the gearbox ever.

as of about a month ago, the parts where excatly the same price each section at approx £140 plus vat (£280+vat).