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Car Warranty

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debsmth9 | 01:01 Thu 04th Jan 2007 | Law
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I purchased a vauxhall corsa easytronic Apr 2006 with12 mths warranty. Within 6mths I contacted the dealer, they took weeks to reply, they advised a diagnostic to be done which I paid for, it showed the car needed a new clutch assembly-costing �340, I had to pay this and then claim the money back, but the company will only refund the first �300, after a month the car was having more problems. Another diagnostic showed something else needed repairing cost �410. I want the company to replace the car but it is a nightmare getting a response. I've only had the car 8mths. It's a 2001. What can I do?. I paid �3999 for it from Autosave. I am desperate.
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You could try, in which case you should set you a letter explaining why you want the replaced and see how they respond. Goods must be of merchandable quality. There is no cut and dry definition of this - it depends on the type of goods etc. IMHO trying to extract an exchange 8 months later is pushing it - see what others have to say.
These warrantees are often insurer-backed policies where the Dealer pays a premium to a third-party and the insurer underwrites defects to a limit of time and money. I suspect yours is one of these because you had to pay then get money back later. As such the Dealer has little incentive to want to switch your car - the sale was completed 8months ago and he isn't losing any more financially by the car breaking down (just your goodwill).
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Thanks. Agree, but will try. May be I should see about part exchanging this lemon. Would have to ee how that works as haven't a clue.
You have to read almost to the end of your question to discover that it was a used car when you bought it - rather than new.

Even if it was new, you would not be able to demand a replacement, as in law, you would have to give the seller 'due opportunity' to remedy the fault.

With a used, (5 year old) car, it would be unreasonable to expect the same degree of reliabilty as a brand new car, and also unreasonable not to expect to replace some part or other through "fair wear and tear".

The "guarantee" that accompanied the sale was an incentive, and has no legal requirements as to what it must cover - you should check for yourself as to exactly what is 'guaranteed'.
(Bear in mind that many things that go wrong could not unreasonably be expected to happen in a car of that age, and therefore be deemed to be "fair wear and tear" and therefore not covered.)
Remember also that, being a used car, the dealer could quite legally have sold it "as seen" - (though it must be road-worthy if sold as such).

Unfortunately, I think you are being a bit unrealistic in expecting a replacement - you could try for a part-ex (on their terms, inevitably) - or you could try and persuade them to perhaps waive some, or all of the repair cost.

This is why, to a non-mechanic (like myself), buying a used car can, at best, be pot luck, and at worst - a bloody nightmare.

Good luck, and caveat emptor!!

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