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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Second hand vehicle. Dealer did not register warranty. Offered

Customer Question

Second hand vehicle. Dealer did not register warranty. Offered to fix but this incurred a 110 mile round trip twice. Did this but they did not repair all issues. Collected and they confirmed all was fixed. It was not and Fiat dealer confirmed fault. Now transpires that the warranty only covered part of the faults even it it was registered at the time.

Fiat Invoice for diagnostics £45.00
Premier Garage invoice for power steering belt etc £81.47
Fuel spent (220 miles at 30mpg) £50.00
Travel time @£20 per hour x 4 £40.00
General inconvenience £40.00
Total £256.47

I have checked on the warranty and they are correct that that part is not covered. Despite them having offered to fix it this makes me even more upset that we have gone through this scenario. If I had the warranty at the time of the fault I would have discovered this when I called them, instead I discovered that I did not have a warranty. I could have had the vehicle repaired locally, claimed for the power steering pump, been off the road for a day perhaps but not wasted time and money bringing the vehicle to the seller 110 miles away.

By not providing the warranty as advertised at the time of the sale I have incurred the above losses. Can I claim for these?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How do the traveling costs arise from the failure to provide a warranty?
Customer: replied 2 years ago.

Thank you for the reply.


If the warranty was registered I could have the vehicle repaired locally. If the warranty had been issued I would have found out that one part was not covered and again had it repaired locally.


Because it was not I incurred costs and time spent getting a covered part repaired by the seller which was hugely inconvenient.

Expert:  Jo C. replied 2 years ago.
Why could you not have it repaired locally?
Customer: replied 2 years ago.

Sorry for delay,lunch break. Without the warranty I would have to pay for the repair. The seller wanted me to bring it to his garage because he had not initiated the warranty allowing me to have repairs locally.

Expert:  Jo C. replied 2 years ago.
When they sold you the vehicle did they tell you that everything was covered which you now subsequently find out is not the case?

How long have you had the vehicle for?

How long is the warranty supposed to be for?

How much extra did you pay for the warranty if anything?
Customer: replied 2 years ago.

The warranty booklet was provided but it was not discussed in detail what was covered. The vehicle was purchased on Feb 11th, the fault started towards the end of Feb and then when I called the seller they issued the warranty on March 8th for 12 months as it should have been from the date of purchase.


The warranty was included in the sale price so hidden in the overall value.





Expert:  Jo C. replied 2 years ago.

Notwithstanding any warranty, the seller is in breach of the provisions of the Sale of Goods Act in that the goods (the vehicle) is not of satisfactory quality and is not fit for purpose.

They are also in breach of the provisions of the Supply of Goods and Services Act for failing to carry out the repairs with reasonable care and skill (they missed things)

The parts may be excluded from the warranty but they cannot be excluded from your statutory rights under the Act.

As a result of the seller’s breach you are entitled to damages (compensation).
That can take the form of getting the car repaired.

It is not unreasonable to ask you to let them have the car back for the repairs to be undertaken and it is not unreasonable for you to ask for the costs of doing so although taking time off work would not be included in that.

However you are supposed to have a warranty that would allow the car to be repaired elsewhere which would remove the need for travelling. However if the warranty excluded what you are looking to have repaired you have no option but to have it done by the original garage.

There is an issue over whether you thought that you were getting a warranty with exclusions or a full warranty.

So you appreciate that there are lots of issues here.

How the garage resolve this issue is up to them. You are entitled to have the car repaired with the least inconvenience and if the garage is not prepared to facilitate that then you’re remedy is to get the car repaired locally to you which appears to be going to cost you just over £200 including the cost of the fuel.

If they will not reimburse the extra costs you incurred you will have no alternative but to take them to the Small Claims Court for the cost of the repairs and your out-of-pocket expenses.

Here is the link to the Small Claims Court

Before issuing small claims court proceedings you do have to send them a final letter saying that if they will not pay up, you will have no alternative but to take them to the Small Claims Court.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

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