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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69366
Experience:  Over 5 years in practice
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I purchased a car 7 months ago but has had to have 2 new

Customer Question

i purchased a car 7 months ago but has had to have 2 new starter motors in 3 weeks. manufacturer has advised it had a new starter motor in January 2015 and advised previous owner there was a wiring problem which had caused the starter motor to fail. can
i take the car back to the dealer i purchased it from to ask for a repair at their cost or a replacement vehicle or a refund?
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.
How old is it and how much did you pay please?
Customer: replied 12 months ago.
its a 2012 vauxhall and paid £13585.48 which included a part exchange of a car which they gave me £5000 for
Expert:  Jo C. replied 12 months ago.
Ok.
What have the dealer offered?
Customer: replied 12 months ago.
nothing they say they were not aware of the fault and that as i have had it longer than 6 months it is my responsibility to get the fix repaired. i purchased the car on 18.05.2015 so it is only just outside the 6 months since i purchased.
Expert:  Jo C. replied 12 months ago.
Did they fault manifest itself after six months?
I thought there was an earlier fault ?
Customer: replied 12 months ago.
the previous owner of the car had to have a new starter motor in January 2015 and this was done by the manufacturer. the manufacturer states they advised the previous owner that the failure of the starter motor was down to a fault with the wiring.
the dealer that sold me the car did not advise me of any of this.
i purchased the car on 18.05.2015. the car was running fine with no problems.
on 20.11.15 the car had to have a new starter motor and the car was running fine until yesterday when it would not start. RAC rescued me and my local garage have said the new starter motor fitted on 23.11.15 had failed and needed another new starter motor. when the garage spoke with vauxhall (the manufacturer) they advised the mechanic about what happened in January 2015.so the car sold to me with a fault known by the manufacturer and by the previous owner.i have given all this information to the dealer (who is a vauxhall dealer) who i purchased the car from they have told me there is nothing they can do as i purchased the car over 6 months before i first had a problem. the first time i had a problem was 6 months and 2 days after purchase.they have told me it is my responsibility to sort it out and not theirs.
Expert:  Jo C. replied 12 months ago.
Well, they are not quite right.
The six month point is a significant point within the Sale of Goods Act but only because it is for you now to prove that the fault or a predisposition towards the fault existed at the time of sale.
This is a relatively expensive vehicle that has a major fault. It should not be too difficult to achieve that.
If they are refusing to do anything at all then ultimately you will have to put it right but you would have a claim against them. All this means is that the burden of proof now lies with you to show that there was a fault at the time of sale.
Can I clarify anything for you?
Jo
Customer: replied 12 months ago.
so if i can get the manufacturer to give me written confirmation of what happened in January with the previous owner and what they told the previous owner - would this be sufficient proof that there was a fault at the time of the sale?
Expert:  Jo C. replied 12 months ago.
Nothing can ever be guaranteed but that is certainly helpful evidence.

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