Buying a car with a DMF that soon packs up.: Motoring Motoring Discussion forum

Motoring Discussion > Buying a car with a DMF that soon packs up.	Legal Questions
Thread Author: FotheringtonTomas	Replies: 9

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New Wed 5 May 10 14:24

Buying a car with a DMF that soon packs up. - FotheringtonTomas

If I buy a car from a trader, and the DMF packs up withing a short while (say a month) have I any comeback?

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New Wed 5 May 10 14:27

Buying a car with a DMF that soon packs up. - Old Navy

The trader would probably claim fair wear and tear, or your poor clutch control. :-)

Last edited by: Old Navy on Wed 5 May 10 at 14:27

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New Wed 5 May 10 14:29

Buying a car with a DMF that soon packs up. - Lygonos

Within 6 months it is presumed the fault was there before the car was bought, and the onus is on the trader to prove this was not the case.

www.which.co.uk/advice/understanding-the-sale-of-goods-act/your-rights/index.jsp

"If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's."

As DMFs usually offer some warning of failure such as slower starting/noise/vibration it would be reasonable to argue that a failed DMF must have been 'on its way out' at the time of purchase.

Last edited by: Lygonos on Wed 5 May 10 at 14:33

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New Wed 5 May 10 15:46

Buying a car with a DMF that soon packs up. - PeteW

>As DMFs usually offer some warning of failure such as slower starting/noise/vibration it would be reasonable to argue that a failed DMF must have been 'on its way out' at the time of purchase.

Equally it could be assumed that such warnings should be noticed by the purchaser....

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New Wed 5 May 10 20:47

Buying a car with a DMF that soon packs up. - Lygonos

> Equally it could be assumed that such warnings should be noticed by the purchaser....

And this affects your statutory rights in what way?

I bet 90% of the population don't even know what a DMF is ;-)

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New Wed 5 May 10 20:52

Buying a car with a DMF that soon packs up. - Old Navy

>> I bet 90% of the population don't even know what a DMF is ;-)
>>
I would agree with that, and the roads of the UK, or Europe for that matter are not littered with cars killed by their DMF / DPF / Commom rail system.

Last edited by: Old Navy on Wed 5 May 10 at 20:53

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