What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks

Faulty 300C Touring - what should I say to the dealer?

My son bought a Chrysler 300C Touring five months ago with 30,000 miles on the clock, one owner and full service history. It broke down last weekend with a failed swirl motor and broken turbo pipe and was recovered to the supplying dealer. The repair costs are over £900 (which is apparently reasonable).

All they have offered is a 10 per cent goodwill as the car came with a three month warranty. I've penned the draft mail below for him to send to the sales manager - have I missed anything?

Dear Sir

On October 16 2014, I purchased a low mileage one owner Chrysler 300C Touring from you with FSH. On March 16, it broke down in Carlisle and was diagnosed as a failed swirl motor and broken turbo pipe. The following day it was recovered to yourselves on my breakdown insurance. It has only done 3000 miles in my ownership.

Today, you asked me for in excess of £900 for repair (parts and labour). I am not disputing that this is a reasonable sum as I know it is a difficult job with a high labour cost, but I do find your offer of a discount of £100 as goodwill to be insulting.

You appear to being saying that the three month warranty that came with the car removes all liability from yourselves, when in fact you must know under the Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003 that you retain liability for faults that were present at the time of sale for six months. Furthermore, it is the dealer's responsibility to prove that the goods were satisfactory at the time of sale.

In view of the fact that the failed parts are a known problem with this engine and have been subject to a free repair notice from Chrysler in the past, then it's hard to see how you can escape the conclusion that these faults were a problem waiting to happen at the time of sale, and that it is your responsibility to effect the necessary repairs at your own cost. Please be clear, I am not claiming that this should have been replaced before sale - I understand the economics of doing that, but by selling on a car that had been in your care from new, with a known problem that could fail at any time, which you knew had not been replaced, you were taking a calculated risk that it would not fail on my car. Unfortunately, as it's failed within the first six months, it is clearly your responsibility to put me back where I should be.

Asked on 24 March 2015 by rodmca1

Answered by Honest John
Good letter. Very strong indeed. I think on the strength of it they will capitulate.
Similar questions
I bought a 2005 Chrysler 300C for £7500 in March. A month later the swirl flap motor failed. The car has been at the dealer for a month now. The selling garage refuses to accept responsibility under the...
I signed and drove an Audi away from a dealer on Friday. The garage now want me to go back as they have found a fault with the trade-in car. What are my rights? My car was bought as seen.
I have been banned from driving for several months. My insurance policy has my wife registered as a secondary driver, can she drive the vehicle without having to change or inform the insurance company?
Related models
Mean looks. A lot of car for the money. 3.0 CRD popular and offers strong performance.