Hi Gerry,
sorry to hear about this & I have some observations:
- As the car belongs to you, it is your responsibility to pay for the diagnosis. The warranty appears to be saying that if the fault is confirmed as thought, then they will pay their wack of £1,000
- As regards to the 6 month rule in Sale of Goods, I would suggest that this one is a bit grey:- given it's an 8 year old car it would depend on the mileage at purchase & the mileage you have done. Don't forget that the 6 month rule says the fault is deemed to exist at purchase UNLESS the seller can demonstrate otherwise; if you've travelled say 20k in the 5 months then my view would be that it clearly was OK at time of purchase (but only the court can rule either way)
- The big problem you may have is that you appeared to have driven the car after the fault had occurred. You should not have done so & called a recovery organisation to bring the car to a garage. Doing otherwise MAY have harmed you chances of any redress, as if I were the supplying dealer or warranty company, I would say that the fault may have been minor but for YOUR actions
If it were me I would tell the seller what has happened & nicely ask the him to pay for the diagnosis & repairs. If he refuses then I would pay for the diagnosis, let the warranty co pick up their wack of £1,000 then suggest to the seller you split the remaining costs with him. You can obviously try trading standards & see what their advice is.
Good luck
Edited by bonzo dog on 02/07/2010 at 11:34
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