Fit for purpose ?

[Ruddmeister]

I had another thread going regarding the problem itself but I want some information on whether what I bought is fit for purpose.

28th March - Bought Mk1V Beezer 1.2S
17th June - Broke down / restarted by AA
20th June - Taken to Dealer as it broke down again
28th June - Car returned to me fixed
29th June - Car returned to dealer Broken down again (it had lasted over 24hrs!)
29th June - till now

Off the road 3 weeks on Sunday, with an estimated 3 weeks till it's back with me from now!

At which time the car will be 4months old and off the road for 6 weeks.

Seat UK say they are doing all they can and have supplied a hire car, I bought the car from a dealer in Nottingham (Francis) but it has been at my local dealers for repair.

I assume my contract of sale is with Francis Motor Group in Nottingham?

Any ideas?......am I jumping the gun???

[Ant FR Turbo]

Ask for a new car, you do not want this one back, wha was the problem,

I would'nt accept it, i hope you at least have a courtesy car!

[Ruddmeister]

Electrical prodlem that allows the fans inside the car and CD player to remain on with no keys in the ignition, this flattens the battery.

Tried checking the fans etc were off but still the battery goes flat.

The are replacing the second of three ECU's (engine ECU not touched) other two ECU's control comfort and coveinience features :blink: this ECU is particular to the car, not a standard part. :thumbd:

[Dormouse]

You have accepted the car from the start. SEAT have provided you with a courtesy car. You may have a case for compensation over lost time due to the newness of the vehicle. However, I believe (and this may no longer be the case) that as long as SEAT make 'reasonable effort' - define that! in repairing your vehicle you have no legal comeback accept through goodwill.

Like I say, i'm no expert, so check it out with a professional. Good luck mate :)

Dor.

[HarryHarrison]

As Dormouse says, as long as they make "reasonable effort". Had a problem with our lasses car, recurring problem, AA recovery, get car back weeks later, same again .....

Trading standards didn't help. Told us that one guy had taken a dealer to court over his car breaking with same fault 16(IIRC) times. Court deamed dealer to have made "reasonable effort" to fix it.

We ended up p/xing the car for another one with out getting the car back. Got a favourable dealer but still cost us money.

Tell them you dont want the car no more and that you want a replacement as a gesture of goodwill due to age of car. Tell them you have "lost confidence in the car, the dealership and there ability to fix the car".

Hope you get it sorted.

[edc]

I'm not sure on time restrictions but CAB will be able to advise very quickly about rejecting it under Sale of Goods Act. You should be able to find the Act on HMSO online somewhere.

[Dormouse]

Sale of Goods Act.

Which keeps changing....

Fit for purpose?
Marketable Quality?

DOH! :thumbd:

Dor.

[Ruddmeister]

Thanks for the advice guys I will speak to the CAB on Monday ref. my consumer rights.....or lack of them ;)

[ibizacupra]

Shame we don't have the Lemon Law over here..

One thing from the USA which I actually like the idea of.

[Ruddmeister]

Agreed Bill, they can deffo keep the rest of their silly laws but that does sound good.

[CupraOl]

As far as I remember, a repair is equal to a replacement in the eyes of the law as long as the repair does not cause "unreasonable inconvenience" In this case it wouldnt be, because they are providing you with a courtesy car, or this is what they will claim! At the moment the car is not fit for the purpose, or I would argue of reasonable quality, but they are making amends to make it fulfill the criteria, and you have accepted the repairs rather than rejecting the car all along. I think the retailer has the decision ultimately, you are right in saying that your dealer is the agent that you have the contract with.

Id go through trading standards who will advise you of the necessary steps. Do not listen to Seat UK about the "3 Year warranty" This is an extension to your statutory rights, such as the law of acceptance and the sales of goods act (and amendments) and it is these that you will have the greatest result with! Good luck :thumbup: :cheers: ;)

[CupraR-Rog]

Shame we don't have the Lemon Law over here..

One thing from the USA which I actually like the idea of.
Care to share the basics of this one Bill?? :cheers:

[CupraOl]

Lemon Laws are US 'Civil Codes' that each state creates. They state criteria for faulty goods, eg cars, computers etc which, if met entitle the consumer to either a refund or replacement of the goods! This is a court order by an attorney. For eg in California , The Lemon Law uses a presumption as a guideline for determining whether a "reasonable" number of repair attempts have been made on a new vehicle. In order for the buyer or lessee to use the Lemon Law presumption, all of the following must be true:

-The vehicle must be one that qualifies as a "new motor vehicle".

-The vehicle's problems must be covered by the manufacturer's warranty.

-The problem(s) must occur within the first 18 months of delivery or 18,000 miles on the odometer, whichever occurs first.

-The problem(s) must substantially reduce the use, value, or safety of the vehicle to the buyer.

-The problem(s) are not caused by abuse of the vehicle.

-The manufacturer has not fixed the problem(s) after four or more attempts or the vehicle's problem(s) could cause death or serious bodily injury if driven and the manufacturer or dealer has made at least two unsuccessful repairs attempts; or the vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problem(s) covered by its factory warranty and if the warranty or owner's manual requires you to do so, that you have notified the manufacturer about your problems. (Best done in writing.)

If all of these criteria are met, the Lemon Law "presumes" during the first 18 months/18,000 miles (whichever comes first) that the buyer or lessee is entitled to a replacement vehicle or a refund. :cheers:

[Tom B]

Ollie, you copied that off Google, didn't you? ;)

Try Sale Of Goods Act and see where you go...it works for some and not others.

[CupraOl]

Ollie, you copied that off Google, didn't you? ;)

Try Sale Of Goods Act and see where you go...it works for some and not others.

Thought id search Google and paste it to save the people who are asking typing 'lemon laws' in Google and waiting 0.12 seconds for the answer ;)

Tom is right though, sales of goods act does work for some... (Goodyear Eagle F1's :p )