Used car - Battery failure with in 24 hours of ownership

[Degudodger]

My question.

If you bought a car from an independent garage and the battery failed less than 24 hours of ownership is it reasonable to expect the garage to cover the cost of a replacement?

Background.
I bought the Audi A3 from a independent garage in North London, the car started with out fail when i took it for a test drive and the several times i stopped on the way home. The car started the following morning without issue and after a couple of short journeys i met some friends for lunch, went back to the car about 2 hours later and the car wouldn't start. It was obvious the battery was dead and as it was late afternoon/early evening and damn cold i called the RAC. Wind the clock froward 2 hours, the RAC guy arrives and after testing the battery confirmed my suspensions that the battery was dead and would need replacing. Thankfully he had had a replacement in the van and £90 later the battery was in and the car running.

Worth noting.

• I contacted the Sales Manager on his mobile the minute the car wouldn't start but he didn't reply so sent him a text instead.
• The garage stated the car was bought from auction and the report stated the battery was of "OK" health so nothing was wrong with it during the time they had the car.
• I sent the garage a copy of the invoice requesting reimbursement for the cost of the battery citing the SOGA. The garage replied saying the battery was deemed to be a consumable and as it was likely to be at least six years old they do not believe they are liable for the cost of replacement.
• The Sales Manager insisted the SOGA does not apply to them as the car was sold with a third party warranty valid for 6 months. I pointed out the warranty is in addition to my rights under the SOGA but was told i was incorrect which of course is bollox
• The minimum amount that can be claimed under the third party warranty is £100

I will be sending the garage a Letter Before Action giving them 14 days to reimburse me for the cost of the battery but just want to make sure i'm not letting anger blinker me.

 
 

[Eddie-NL]

your not having much luck with you car buying

[Degudodger]

Tell me about it Eddie. 

The thing is i consider myself to be fairly switched on and have helped others buy cars and can now spot a lemon a mile off BUT i don't seem to have much success when it come to buying cars for myself.

[Frodo-anni]

In the past i have used the legal advice service on my car insurance to pursue an issue with a car garage. They advised how to structure the letter and what points to cover, ie points of law, after a few letters they soon paid up. 

[Degudodger]

Thanks for the pointer Frodo. Don't have any issues with writing letters or POC if it goes to the small claims court just want to make sure i'm being reasonable by expecting the dealer to cover the cost of a replacement battery.

[andybon]

It depends how long the car has sat on their forecourt for. A few days without been started there shouldnt be a problem, But a few months without a good run and thats what may have killed the battery off. I think under most warranties batterys are put down as consumables, along with clutches, brake pads, tyres etc. So it maybe a little hard to get anything back off them, But good luck, Hope you can get something back in compensation!

[sub39h]

All cara bought from companies should be offered with a warranty of at least 6 months. Unless you were told that there was a battery problem prior to sale the company legally has prove that the fault was not there at the time of sale (with the burden of proof resting with them) or has to repair it.

The law is on your side. Don't take no for an answer.

[Tamiyoman]

Playing devil's advocate here but if the company offers a warranty which does not include consumables (Batteries) and states that in your warranty then I cannot see them coughing up, they should do, but I suspect they wont do.

[sub39h]

Playing devil's advocate here but if the company offers a warranty which does not include consumables (Batteries) and states that in your warranty then I cannot see them coughing up, they should do, but I suspect they wont do.

Doesn't matter what warranty they offer, they are required by law to fulfil certain obligations to the consumer.

A battery that fails within 24hr of ownership will not be classed as fit for purpose.

[LouCyffer]

In law, the concept is of a fault that predates the time of sale. It would be reasonable in this case to assume that the battery was faulty prior to the customer collecting the car. The onus in these cases is for the dealer to show that the fault was not pre-existing, not for the customer to prove that it was. Civil law requires the balance of probability to favour one side, rather than criminal law that requires beyond reasonable doubt. In this case, it is probable that the battery was on it's way out before the car was collected, as it would be extremely difficult to inflict enough battery punishment in 24 hours to destroy one.

Your third party warranty is irrelevant in this case. The dealer must prove that this fault did not arise before you bought the car from them, which in practice is very difficult for them to do. At the least, reliance on an auction report is not defence, they must carry out PDI checks themselves.

Check your local trading standards & Citizens Advice. Under the Sale & Supply of Goods Act (Consumer Regulations 2002) any motor dealer must warrant their vehicles for 6 months from the date of sale. Note that in such instances the onus is on the dealer to prove that any fault arising was not preexisting the sale. Otherwise the seller is essentially liable. Explain this politely to your salesman, and give them enough time to redress the issue. Write letters, and send them recorded deleivery, retaining copies and postal receipts. If all else fails, you should explain to them that you will proceed via the Small Claims Track of the County Court, in respect to your expenses of a new battery, and incident costs in pursuing the matter with them. I'd be extremely surprised if they chance their arm on the possibility of a County Court judgement against them, which will cause issues if they broker finance on sales. More than likely the firm but polite approach will result in them reimbursing you for the battery.

When you buy a car from a dealer, the car must:

    be of satisfactory quality
    be fit for the purpose it's being used for, and
    match its description.

Your rights are not affected by any breakdown insurance, guarantee or warranty you have. These offer you additional ways of sorting out problems but they do not take away a dealer’s responsibilities.

Have a read:

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_from_a_dealer

http://www.honestjohn.co.uk/forum/post/index.htm?t=52855

[Andy]

at work when they have sold cars they have replaced batterys after 24hrs and even put tyres on after 2months of ownership