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Its interesting you mention its an automatic, my family had a Mondeo once which was an automatic and my father drove it up a hill in the highlands in an ill advised move on a steep gradient, it got up there but the gearbox was shot and was very jerky afterwards, but still workable. If anything an auto can be easier to break than a manual as people like unthrottled has said before that "a driver can see the road ahead, the machine cant" or words to that effect. Im not accusing you of breaking the car im just saying it can happen.
Again theres alot of words in that CAB thing like "reasonable". Which is all down to opinion. Quite how the sale of goods act can declare if a fault occurs after six months then the fault was there when you bought it. What a load of s***. Im sorry but if the fault occurs after six months then the fault was present at six months, not at sale. My house was built in 1976 and last year it developed subsidance issues, does that mean it was present when i moved in four years ago? No it doesnt. I bought a used laptop once and five months on the fan broke, does that mean the fan was broken when i bought it? No, of course not, because i used it for five months, which wouldve been impossible otherwise. So the fault occured after five months and was obviously not present at sale.
If the transmission was shot at sale you wouldnt of got the car home would you? So how can you claim the fault was present at sale? Because you're basically claiming (if you're claiming it was present at sale) that you bought a broken car and magically got it home even though you now claim it doesnt work? I'd really like to see how you did that. By claiming you've driven it for 500 miles with a fault which renders the car undrivable, you are declaring that fault was not present at sale.
I traded cars for quite some time, sold quite a few if i may say so myself and im sorry but if someone bought a car off of me with a perfectly functioning gearbox and a month later came back and claimed its broken so it therefore "was obviously broken at point of sale" (the point of sale where they drove it away, with the gearbox obviously working) i'd have told them to take a long walk off a very short pier sunshine.
I sympathise with your issue as i never like to see anybody buy a used car and have big trouble with it, thats not what (the vast majority) of dealers want to see happen, but you cant constantly blame the dealer for you buying a dud, a transmission error isnt something you can know about before it breaks, you drove the car and were happy with it, so it was clearly working, how does anybody know it'll break later? I think you've had very bad luck, but it happens. You may think im always on the side of dealers well im not, my comments in the BMW E46 thread should prove that. And in fairness, if i was on the receiving end of your offer to merely provide parts, 9 times out of 10 i'd probably go for it, even if it was outside of warranty period and not covered anyway (buyers need to realise dealers go with warranty providers for the interests of protecting their own profits as well as assisting customers) to show a level of effort and hopefully would be able to rely on future recommendations.
If that fault was present at the time of sale you wouldnt of got the car home, which you claim you did, rendering ,in my view, that pile of tosh from the sales of goods act completely redundant. Bad luck.
Edited by jamie745 on 18/07/2011 at 03:38
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