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I bought a second hand low milage car from [a dealer] on the 28th Feb. They did a WOF on the day I purchased it. A couple of weeks ago I started hearing a rattling under the car, initially I put t down to me not screwing the licence plates on tight enough. On the 3rd of June I got a diagnosis from a mechanic that there was hardly any transmission fluid and the transmission was now damaged (OK my fault as this time i didn't get an AA check before buying). There have been no leaks from this car. I called the dealer and got the expected "nothing i can do" response. I know I am a dummy but is there any chance they are liable?
If the dealer is not prepared to assist, then this is likely to be a matter for the Motor Vehicle Disputes Tribunal.
If you purchased this vehicle as a private buyer from a licensed motor vehicle dealer, the Consumer Guarantees Act applies.
You've only had the car for a few months and it now has a substantial defect, so the vehicle has not met the test of acceptable quality and durability.
The CGA does not have a specific time associated with it, but a major defect occuring on a low mileage motor vehicle within a few months of purchase from a dealer would almost certainly fall under the act.
Thank you.
I need to get it fixed this week. Can I assume I can go ahead and make a claim after for the amount of the repairs?
No. In the first instance, you must offer the dealer the opportunity to rectify the fault (which it sounds like you have done). Secondly, if the dealer declines to take responsibility (which I also understand has taken place), then notify them that you still hold them liable and intend to have the problem rectified elsewhere, and will be claiming against them to recover costs.
Try to do this all in writing/by email, so that you have evidence of the relevant correspondence, should the matter go to dispute.
While the CGA is quite a powerful piece of legislation for the consumer, as a consumer you also have obligations, the main one being to offer the dealer the opportunity to rectify the fault.