Warranty Query on used Ibiza

[nickhack]

Evening all. Hope you're sitting comfortably for I have a tale to tell (For the easily bored please jump to the last paragraph for my questions!)

4 weeks ago I bought a 53 plated Ibiza TDi from a garage in Crewe. The car was originally registered with a local Crewe Seat dealer and had been regularly serviced at the same garage however I was buying it from an independent dealer.

As part of the sale we agreed the car would receive its annual service with Seat (thus keeping its Seat warranty on into the third year) who would also replace a cracked reflector beneath the rear bumper and look at a misalignment on the driver's side headlamp. (It was aligned at the outer edge but was maybes 5 - 10 mm recessed near the grille). There had obviously been some work done in this area as the nuts holding the wing in place on the same side showed some flaking of paint.

I picked the car up and assumed all was as had been agreed. The salesman informed me that the headlamp had come back with no obvious alteration and he assumed it was a design problem. I wasnt entirely happy with this explanation but it seemed a small matter.

Three weeks on I hear that one of my headlamps is blinding drivers in front on dip so I book it in to my local Seat (IMG in Warrington - who, incidentally I'm sure I dont need to tell you are a top bunch of gents!!). Apparently the headlamp unit is completely missing a motor and its around £200 for a replacement.

I've been straight onto the garage I bought the car from who confirmed that they had asked for the work to be carried out when the car was taken to Seat Crewe for servicing prior to me taking it away. Next up I spoke to Seat Crewe who told me they had only had the car for a service and were not asked to carry out any further work. They were also able to tell me that in December of last year my baby had had a replacement headlamp (drivers side! :doh: ), wing, alloy and door! [:@]

So, before I get back to all concerned tomorrow and push more firmly for some co-operation, my questions are these:

First up if Seat Crewe fitted a headlamp which now seems to be lacking a motor and mysteriously misaligned against the body of the car can I ask them for a replacement/ repair nearly one year later?
Secondly is there any way this can be put right under Seat warranty and mended locally without having to drive 50-odd miles back to Crewe?
Am I right in thinking the garage I bought the car from have a duty to get it sorted (I have a vague recollection of 'not fit for the purpose it was intended for' being the statement in law covering this kind of thing bearing in mind the fault would make the car a danger to other road users and a definite M.O.T fail item)?

Many thanks in advance



NickHack

[CupraOl]

As you have entered into a contract with the garage selling you the car, they will be covered by the usual legislation in this instance (Sales of goods act 1979 as amended, sales and supply of goods act ('94) and supply of goods to consumer regulations ('02) These give you a variety of rights, some of which are automatic, and some of which you will need to prove/argue with the retailer selling you the goods.

Satisfactory, fit for the purpose, and as described are the factors that you will need to argue on the goods. Whether the goods meet this description will depend on the agreement that you had with the garage, as well as the price, age and condition of the goods themselves.

I would approach them and ask them to complete the promised work, if they fail to do so, ask them to do so in writing, considering their liabilities under the sales of goods legislation and of course stating that if they do not do so, the option of rescission/ recovering through court is still available. If they refuse to do the work (unlikely), you can always get it done elsewhere and recover the costs of doing so in court, bearing in mind that you will have to prove on the balance of probabilities that the car was not of reasonable quality... Obtaining several opinions and keeping faulty parts is a good way to do this. I have had a similar problem, and managed to persuade the vendor and the manufacturer to go 50/50 on the cost of repair, (as "gestures of good will" as it was clear that they were liable under sales of goods legislation. Remember whatever the “warranty” is, you still have statutory rights, which come in helpful.

Depending on how long you have had the car, rejection/rescission of contract may also be available - but this is only for a "short time after purchase" There is also the point that if you have purchased the car on condition that the repairs be carried out, and they have not done so, they are potentially in breach of contract. I would go the selling garage first, as the sale is their responsibility and any warranty you have with the manufacturer is in addition to your statutory rights, and can be used later if necessary/possible :D

Might also be worth contacting Seat Uk, as if they replace a part under warranty, the part itself may have a warranty e.g. the replacement headlight may have a 12 month warranty on it, which you could claim on. If this is the case, the closest seat dealer will be able to do the work, and charge the replacement headlight to the other dealer.

This is probably enough for you to be going on with now! See especially:


http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0003-1011.txt
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0046-1011.txt

Hope this helps!