Hi Guys
I bought a second hand Rav4 from a small independent garage in Essex on the 10th of February. I paid 8k for the car, and gave him my old Rav4 for 2k in part ex.
Two days after buying the car the engine management light came on, so I called the RAC, who said it was a problem with the sensors on the catalytic converter. I then called the garage, who agreed to bring the car back, letting me have my old car back as a courtesy car, whilst they sorted it out.
Unfortunately, they broke the sensor removing it, so it then had to go to a toyota main dealer to have the work done, which meant that I was without the car for a week.
When I got the car back, I drove it again for two days, before the ems light came on again. The dealer once more took it back, and took it to toyota, who diagnosed a new catalytic converter was required. The dealer paid for this and got the work done, which took another week, again lending me my old car back. Throughout this time he was reasonable and helpful.
I have now had the car back and up and running since the beginning of March. However, this evening the automatic gearbox appears to have given up - it wont go into first gear, and jumps straight into second, no accelleration, and the ems light is on again. Ive looked at the 3 month warranty I bought with the car, and it only covers me for up to 500.00 of work. Im really worried.
All my savings went on the car, and I dont have more money to spend on it.
Im waiting for a call back from the warranty people, but dont know whether I will be able to get it looked at because of the Easter holiday.
I am disabled and need to have transport as I cant get to work without the car - the public transport where I live is sparse, and finishes at 6pm in the evening! I also was meant to be going on holiday on Thursday - with the car.
Do you think I can get my car and money back ??? My old car is still on his website. Can I get claim under the sale of goods act - is this car of merchantable quality ?
The dealer has said that becuase I have the three month warranty it is no longer his problem, even if it costs more than 500.00 to fix
Opinions please!!! Im desperate !!!
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... The dealer has said that becuase I have the three month warranty it is no longer his problem ..
ah, the 3 month magic warranty myth.
a dealer can give you a 3 day, 3month, 3 year, 30 year or whatever warranty he chooses.
he cannot take away your statutory rights.
go and talk to trading standards to help you understand what your rights are.
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Remember that your contract is with the selling dealer - no one else. You have certain rights BY LAW - regardless of what he (the dealer) or any one else says.
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More developments - according to the RAC, the problem is the solenoid on the automatic gearbox. The dealer says I have to go via the warranty. The warranty covers me for 500.00 of work. The RAC say I cant drive the car, and have to have it towed to the nearest Toyota dealer for diagnostics which will on their own cost me 100.00.
I have been on hold for the warranty company for nearly an hour and they are not answering the phone - just a recorded message saying they have a high number of calls and to hold the line.
The dealer says that the warranty means that I have 500 to play with to get the car fixed, and anything above that is my problem.
I cant get the car to the dealer until the warranty people answer their phone presumably.
And ---- its my birthday :( I was meant to be going away !!!!
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... And ---- its my birthday :( I was meant to be going away !!!!..
as stated before, it is nothing to do with the warranty, but is everything to do with the dealer and your statutory rights.
it won't help at all if you start to drift from the point of your complaint. it does no one any good to know whether you are disabled, or going on holiday, or whether it is your birthday or anniversary or someone's funeral.
stick to the facts of the case, and stick to your rights.
use the "forum search" under your username to find other threads on sale of goods, but for starters, hj has a faq (from the left hand column). www.honestjohn.co.uk/faq/faq.htm?id=43
as he says there, .... the consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale. This comes from 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
and it is repeated here
www.dti.gov.uk/files/file25486.pdf
A TRADER'S GUIDE: The Law Relating to the Supply of Goods and Services APRIL2005
and here
www.opsi.gov.uk/si/si2002/20023045.htm
Statutory Instrument 2002 No. 3045
The Sale and Supply of Goods to Consumers Regulations 2002 )
if you do not understand your rights, speak to trading standards, or the c.a.b.
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Totally agree that you must stick to the facts only. I had a problem a few years ago with a car I bought from a trader for my daughter. The trader attempted to correct the fault on 3 occaisions without success, and it was a 'serious' fault. This happened though within 2 weeks of ownership.
In the end and after a lot of discussion with the trader, some heated, I advised him I wanted to return the car & get full refund, under the sale of good act. He just laughed at this
After speaking to trading standards I wrote to him by recorded delivery, stating all the facts. I advised him that I had taken the car off the road and no further miles would be added -- except for the travel to have an independent accessment of the problem undertaken. I advised him that I remained willing to discuss matters with him at anytime & included my contact nos both home & work.
I concluded by advising that if I did not hear from him within 10 days I would be filing a claim under the small claims court - as less that £5000 this was possible but your case exceeds this.
The next day the trader phoned me a work & told me to bring the car back for a full refund.
So, stick to the facts, know your rights, be firm but polite and put it in writing.
Good luck ------- On a downer though after 2 months you may be in a weak position but be pesistant and as dalglish said DON'T try looking for the sympathy vote, they'll most likely laugh behind your back.
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Would'nt £500 cover the cost of the solenoid anyway?
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Would'nt £500 cover the cost of the solenoid anyway?
no
it will be in the box
trader will have to sort this at the end of the day/sooner or later
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>> Would'nt £500 cover the cost of the solenoid anyway? >> no it will be in the box trader will have to sort this at the end of the day/sooner or later I think if I were the trader, I would be claiming what I could from warranty and contributing the rest as goodwill. This was an 8 grand car, not an 800 quidder after all.
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