Faulty 3 year old car from independent dealer - suggestions?!

[clk208]

Not an MB question but thought one of you knowledgeable people might be able to advise...

My mum purchased a 3 year old French coupe-cabriolet type car 2 months ago from a fairly prestigious but smallish independent garage in Leeds.
Couple of faults materialised this week – aircon is not cooling the air and more pressingly rear elec window stuck in open position – fuses are fine.
Other than the obvious suggesting she sells and buys and MB, I suggested a call to the dealer she bought it from. Said dealer informed her that only serious engine / mechanical items covered by warranty, these faults are wear and tear and basically you are on your own. Seems believable for aircon fault if there is stone damage to condenser or whatever (I do not know if this is the case) but I would have thought window was pretty fundamental.

I would have thought on a 3 year old car bought less than 3 months ago there would be more protection, so plan to contact dealer again and give them the opportunity to:
1) Fix the car themselves
2) Contribute to repair at local garage
3) Provide me with the independent warranty details (supposed to have 3 months) so I can follow up with warranty company
Does the dealer in fact have any obligation to fix either of the faults? Anyone suggest alternative course of action?

Cheers folks!

 

[lil.smartie]

Dealer has to prove the fault wasn't there when they sold the car. If it's only 3 yrs old is there not a manufacturers warranty to try too?

Kate

 

[grober]

Fairly prestigious but smallish independent garage who won't at least take a look at a problem on a car they sold a mere 3 months back = Arthur Daley Motors

 

[jaymanek]

Yes they have an obligation...

the car has to be fit for purpose and in reasonable condition for age and mileage.

I dont think you would have any problems convincing a judge that a 3 year old car should have working windows and A/C..

A firm letter and if possible email to the company is the way forward giving them the option to repair within a reasonable time frame or pay for a garage of your choice to do it.

 

[Peterstu1]

Yes they have an obligation...

the car has to be fit for purpose and in reasonable condition for age and mileage.

I dont think you would have any problems convincing a judge that a 3 year old car should have working windows and A/C..

A firm letter and if possible email to the company is the way forward giving them the option to repair within a reasonable time frame or pay for a garage of your choice to do it.

Yep, Jaymanek is quite correct. The car has to be fit for purpose according to Trading Standards and within 12 weeks of purchase, you have a very strong case indeed to leverage the repairs at the dealers cost.

 

[clk208]

Thanks chaps.

Mum took it to a local main dealer for diagnosis as there was only a £30 charge for this. Turns out the car is still under manufacturer's warranty!

Result I think.

They are going to carry out the repairs FOC apparently - not sure what the actual problems were but will find out no doubt.

Only fly in the ointment is my mum driving into a post on the forecourt of main dealer, d'oh!!!

Thanks everyone for your advice.

 

[davidjpowell]

Given that the car is under warrenty I hope that the dealer did not charge the £30 diagnosis fee?

 

[martin_a]

Or at least refunded it once there is a valid claim...

I would speak to your 'reputable' dealer about miss selling a warrenty that was:

1. No good
2. Not needed

they sold you that to get their comission. I would write and give them 14 days to respond. If they fail, go to Trading Standards and/or local press. If their reputation is worth anythign to them they'll refund your money.

m.

 

[crockers]

Or at least refunded it once there is a valid claim...

I would speak to your 'reputable' dealer about miss selling a warrenty that was:

1. No good
2. Not needed

they sold you that to get their comission. I would write and give them 14 days to respond. If they fail, go to Trading Standards and/or local press. If their reputation is worth anythign to them they'll refund your money.

m.

Spot on .... I think this may now come under miss selling ....not sure if warranties are now covered by the Financial Services Act - but if they are they are in doo doo ... deep..