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BUYER BEWARE?

23rd February 1989
Page 55
Page 55, 23rd February 1989 — BUYER BEWARE?
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Which of the following most accurately describes the problem?

QIn August I purchased a new tractor unit. For the first four months there were no problems but then it developed oil leaks and I took it back to the dealer from which I had purchased it. They kept it for three days, diagnosing oil blowing out of the intake manifold.

Not being a fitter, I didn't query this and they kept my tractor for another seven days. I collected it on a Tuesday morning and everything was fine for two weeks, at which point the symptoms returned. I took it back and they said it would be the same problem but leave it with them and they could rectify it.

I asked what I was meant to do in the meantime and asked if I could have a replacement tractor as I had to earn a living. They said their demonstrator was out but they would fix my unit quickly.

I collected the unit four days later and was told that it had been fixed and that the problem should not re-occur; but a week later it did and it took them four more days to sort it out.

All in all, I have lost £2,600 in revenue and I am still not sure what was wrong. They are not prepared to listen to my plea for some contribution to my loss. Have I a claim? IF, Solihull AYes, you most certainly do have a claim and it could take two parts.

Firstly, a claim against the dealer for negligence; secondly, a claim against the manufacturer for breach of warranty. However, you do need some information to start the ball rolling.

Tell the dealer in writing that you want copies of his job cards appertaining to all the work he has carried out on your vehicle. If he refuses, contact the Institute of Road Transport Engineers who will then put you in touch with a competent assessor in your area to help determine the problem.

Then write to the manufacturers asking for any copies of warranty claims that the dealer has sent in. Do this and it will keep the legal costs down.


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