Who pays for repairs - First 6 months - brokencitroen

Hi All,

I've had some issues (coolant leak, EGR valve) with my car (Citroen C4 Grand Picasso). It's within 6 months since I've purchased the car and I'm wondering who is legally obligated to pick up the tab for the repairs, myself or the dealer?

If you have any questions, I will be happy to answer as best I can!

Thanks

Who pays for repairs - First 6 months - RobJP

Generally speaking, the selling garage is responsible for all faults within 6 months of purchase. The rule is that the fault is assumed to have been 'present or developing' at the time of purchase, and it is the garage's responsibility to PROVE that was not the case.

However, it does also depend on age of car, price paid, etc. This could be a £1k 9 year old knackered heap (the earliest ones are up for sale at that price), or a 18 month old car that you've paid £13k for. What your 'reasonable expectations' are as to reliability does rather depend on those factors too.

Who pays for repairs - First 6 months - brokencitroen

Thanks for the reply.

The car in question, was a 2011 with around 50,000 on the clock. I paid 6k for it.

Within the 6 months I've owned it, I've paid over £1,000 in repairs.

I'm currently going through the process of returning the car to the dealer because I've just been told that it needs a new high-pressure diesel pump and will probably need a new clutch in a few months (I've been quoted £1,500 for each job!), I'm just wondering if I should give him the bill for the repairs that I have done so far.

Who pays for repairs - First 6 months - RobJP

Sorry, but you can't just give him the bills for the repairs you've had done. You must give the selling garage an opportunity to carry out a repair. As you haven't done so, I'm pretty sure you've no chance of getting that money back.

As to the car 'probably' needing a clutch 'in a few months', there's no way that the selling garage can be liable for that at some indeterminate date in the future. You've owned it for 6 months already, and if the clutch is still working now, then it is still working - end of story, and your 6 months is now over, as you say yourself.

EXACTLY how long have you had the car for ? If over 6 months then the selling garage can quite easily refuse to pay for the HP pump failure.

Who pays for repairs - First 6 months - argybargy

Have a look at this link from the Citizens' Advice public site; it might provide you with some guidance as to where you go next. There's also a phone number on the site for the Consumer Direct Helpline.

www.citizensadvice.org.uk/consumer/buying-or-repai.../

Who pays for repairs - First 6 months - RobJP

Have a look at this link from the Citizens' Advice public site; it might provide you with some guidance as to where you go next. There's also a phone number on the site for the Consumer Direct Helpline.

www.citizensadvice.org.uk/consumer/buying-or-repai.../

Unfortunately, the CAB site seems to have a few problems, and is simply wrong on a few aspects of the Consumer Rights Act.

I inputted that I'd bought a car on 1st April, 2016 (so more than six months ago, outside the CRA rejection/refund time), and it came back telling me that I am legally entitled to my money back or a repair if my car is faulty, AND if I hurry up and reject before 31st April 2016 (yes, that is correct) then I can get all my money back.

What the law actually says :

Faults within 30 days : You have the right to reject for a full refund. You can choose to accept a repair, BUT it is YOUR choice.

Faults from 30 days to 6 months. You MUST give the garage ONE opportunity to fix a fault - note that a different fault is another chance of repair. Faults are assumed to have been 'present or developing' at the time of sale unless the garage can PROVE otherwise. If the repair fails or the fault recurs, then you have the right to reject and get a refund. The selling garage is entitled to make a 'reasonable deduction' from the refund for the use you had of the car.

Faults past 6 months : It is still possible to get the selling garage to fix the car for you at their expense. BUT it is up to YOU to PROVE that the fault was 'present or developing' at the time of sale.

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Having said that lot, here's how incompetent the CAB site is. On the section 'buying a used car', there is the following :

Don’t test drive a car if you’re not insured. You’ll be liable for any damage you cause and you could lose points on your licence.

'Lose' points on your licence ?

Who pays for repairs - First 6 months - brokencitroen

OK, I haven't given all the info because it's quite a long story... so I'll try my best to make it short.

The first issue with the car was the coolant leak, the dealer that sold me the car sent me to a mechanic to have it fixed, I paid for this repair. However, not only didn't they fix the leak, the broke the inlet housing and it needed to all be redone and replaced (cost = £600), again, I paid this.

The next issue was the EGR valve, the dealer sent the car to someone, he very kindly offered to split the bill with me.

I had owned the car for 4 months when I gave it back to him. It's now over the 6 months (by a couple of days) and I'm still waiting for my refund.

So far, I haven't chased him for the repairs that I paid for, however, if he drags out giving me the refund any longer, I want to know whether I can chase him for the money.

P.S. Every place he sent the repair to be done, didn't seem to solve the problem and I ended up taking it to a Citroen dealer for them to look at it. The dealer is a very cheap and cheerful type guy and always looks for the absolute cheapest way to be able to say the job has been done. Even with the EGR valve, Citroen told me that there were permanent fault codes stored in it and it needed to be replaced! This was only 1 month after I'd had it done at the other garage.

Who pays for repairs - First 6 months - RobJP

Hang on ...

first post, it's 'within six months of purchasing the car'.

Later on, it's 'in the process of returning the car to the dealer'

Now, it's over 6 months, AND you returned it to him 2 months ago.

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I'll be horribly blunt. Make your mind up what the facts are. Stop drip-feeding information, and stop contradicting yourself.

Who pays for repairs - First 6 months - brokencitroen

'within six months of purchasing the car'. - This was intended so that you'd know that the car was purchased within the time frame in which I could return the car for a refund.


'in the process of returning the car to the dealer' - Should've said in the process of receiving my refund from the dealer.


Now, it's over 6 months, AND you returned it to him 2 months ago. - This is correct.

Sorry for being confusing. I appreciate your assistance.

Who pays for repairs - First 6 months - RobJP

Thanks for clarifying.

If you've rejected it 2 months ago, and still awaiting a refund, then write a letter. Send by recorded delivery. Basically, it says that he has 7 days in which to do the refund, after which you go Small Claims Court on him.

No reply, or refusal, you need this : www.gov.uk/make-court-claim-for-money/overview

As I said earlier, I don't think you'll have any claim on monies you've paid out for fixing the previous faults, even though his actions appear 'dodgy', to say the least. Directing you to a mechanic who'll 'only' charge half-price, when he should be doing the repairs and footing the bill himself. So that money is probably gone.

Who pays for repairs - First 6 months - argybargy

Yes, ROFL at "lose" points on your licence. Not the best use of the language, is it? However, I know what they mean and so would most other people.

CAB has been a useful source of advice for me over a fair period of time, but its wise to argue that using more than one point of reference when checking consumer law is good practice.

Trading Standards might also be able to give some pointers, reachable through your local council switchboard.