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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Purchased a car 5 months ago from vauxhall, fairly new with

Resolved Question:

Purchased a car 5 months ago from vauxhall, fairly new with very low milage.
I was given the finance for the car by vauxhall's own finance company GMAC.
The car started to blow excess smoke from the exhaust pipe and the engine sounds funny.
Took it to a vauxhall dealership, they said t will costs thousands to fix.
The problem they said is the diesel particulate filter.
Vauxhall has told the dealership that this is not covered under the warranty.
I contacted their customer service department and they said the same
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

How can I help with this please?

Customer: replied 7 months ago.
Purchased a car 5 months ago from vauxhall, fairly new with very low milage.
I was given the finance for the car by vauxhall's own finance company GMAC.
The car started to blow excess smoke from the exhaust pipe and the engine sounds funny.
Took it to a vauxhall dealership, they said t willcosts thousands to fix.
The problem they said is the diesel particulate filter.
Vauxhall has told the dealership that this is not covered under the warranty.
I contacted their customer service department and they said the same
i wrote a letter to the finance company and vauxhall informing them that vauxhall is in breach of contract, and unless this is sorted I will have to terminate the finance agreement, and will not pay anymore for the car
Customer: replied 7 months ago.
what are my rights and what can i do next, i have already paid £2000 cash deposit, and monthly payments thereafter
Customer: replied 7 months ago.
how can I get the car fixed without having to pay an arm and a leg
Expert:  Jo C. replied 7 months ago.

There are dangers in failing to pay the finance. Whether Vauxhall is in breach or not has no impact upon your liability to pay. They are just the loan company and the fact that Vauxhall are in breach has no impact on them.

The warranty might well exclude this particular type of fault. If it does then it can’t be relied upon.

You would still have statutory rights under the Consumer Rights Act. That would demand that the vehicle be of a satisfactory quality. The definition can be found here

http://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

but I think most courts would accept that a fairly new car would not be expected to have a fault of this nature unless the purchase price was extremely cheap.

The reality though is that if they refuse to repair then your only option is to have it done elsewhere and sue them for the cost. You would need to warn them about your intention to do that though in advance.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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