Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure

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Mon 13 Jul 2015 18:52
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - Bananas75

Hi all any advise gratefully received:

Bought a Shogun recently for just under £3,000 came with 1 month warranty. From point I collected the car I found issues

Airbag light on

oil leak

no 4wd

loud squealing on acceleration if pedal pushed more than halfway down

Shortly afterwards it started stalling when pulling up at junctions or parking

I contacted the dealer to take it in and he agreed, he then changed the date which I again agreed to. The day before I took it in it broke down, made an awful noise and died. Attempted to restart it but wouldn't. I called out a recovery service who put it on the back of a lorry and delivered it to the garage.

Move forward to today and I get a phone call saying the torque converter is shot and damaged in such a way that it must've been caused by me either driving at a fast speed in 4wd (which wasn't working anyway) or having it towed - which I definitely did not do. It's a little garage that has apparently made these claims not a main dealer etc

I'd had the car at this time a little over 2 weeks and chased getting the car into his garage several times via email and made him aware of all the issues we paid just under £3,000 for the car. I have made the above points to the dealer this afternoon and he has gone away to have another chat with his garage who have made these claims.

I'm obviously no expert but I don't really see how the average garage would have the expertease to make such a claim that this has happened in the few hundred miles that I have done in the car and not the previous 150,000 miles it had done?

If anyone has any advice about this i'd be really really grateful.

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Mon 13 Jul 2015 21:21
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - Avant

For help with this sort of problem click on Ask HJ at the top of this page, then go to FAQ no. 5.

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Tue 14 Jul 2015 09:50
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - Bananas75

Thanks

That seems to refer to "New" cars rather than used assuming I'm looking in the right place

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Tue 21 Jul 2015 15:46
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - Palcouk

FAQ 5 being consumer rights

1) Basically you send a recorded delvery letter stating the car was supplied faulty and as such you reject it and require a full refund of the purchase price.

Explain you will take the matter to the Small claims Ct and trading standards if neccessary.

Be prepared to be out of pocket for a long time, if you even manage to get your money back.

A guarentee from a motor dealer cannot be limited to 1 month, its for 3 months

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Wed 22 Jul 2015 09:39
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - pd

A guarentee from a motor dealer cannot be limited to 1 month, its for 3 months

No, it isn't - no such thing as 3 months for anything, anywhere.

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Wed 22 Jul 2015 11:52
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - Palcouk

The amendments to the Sales of Goods Act (EC Directive 1999/44/EC) that came into force on 31st March 2003 now place the burden of proof on you 'the car dealer' for the first six months after a purchase.

If your customer makes a claim in the first six months it will be up to you to prove the vehicle was correct when it left your premises.

Generally meaning for a low value vehicle, at least 3 months

Edited by Palcouk on 22/07/2015 at 11:53

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Wed 22 Jul 2015 11:59
Mitsubishi Shogun - Bought auto 4wd with warranty, blamed for failure - pd

Generally meaning for a low value vehicle, at least 3 months

3 months is meaningless - it isn't written into any law, referenced anywhere or defined by any case law. It is just something made up by some websites as being "sort of reasonable". A car for the price of a train ticket from London to Manchester frankly only needs to be able to do about that distance.

It is pretty easy to prove a used car was OK at point of sale after 1-3 months as the very fact that someone has been using it as a car proves it is fit for purpose.

Going back to the case above, the car clearly had faults immediately and the buyer should have reasonable grounds for a claim unless the car has done 210000 miles or something rediculous or was sold well below normal retail price.

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