Used car faulty

[sleepy184]

Hi all,
I am after some advice.
I have purchased a used car. When I purchased the car it had an LPG conversion already fitted. I was offered a 3 month warrantee, I decided to extend this to 12 months and also asked for the lpg system to be covered. The garage told me that they could do this and that the warantee I had would cover the LPG system and it was an excellent product!

When I took the car for the test drive, I noticed the Engine management light on. I asked what it was and the dealer informed me that it was a problem with the LPG which he knew about and would sort it before I picked the car up. He also said the LPG would be serviced along with the car etc before picking up.

Well, I went to pick the car up and he told me that all the jobs had been done and that it was now ok. He told me that there was no LPG in the system as there were no garages near by but that I could fill up with petrol just up the road.

I did that and then made my way home (60 miles away)
When I got home, I filled up with LPG and as soon as I strated to run on it, the Engine management light came on. I took it to a local garage who said it was the injectors on the LPG system that had failed.

So, I rang the garage where I had the car from and he said it could not be the lpg as he had had the problem sorted and that it could be the HT lead that he had taped up as it had a nick in it!

Anyway, I took it to the local garage and booked it in for the repair as the warantee I had could be used at any garage. To cut a long story short, the warantee people refused to pay for the work saying the component was not covered, it turns out that none of the LPG components are covered. I have now ended up paying the bill for the local garage but where do I stand?

I have sent a letter to the garage today explaining what happened and also a copy of the receipt for the work and have asked them to foot the bill as the problem was there before I purchased the vehicle. Could any one offer further advice please?

Many thanks

[patdavies]

Originally Posted by sleepy184

So, I rang the garage where I had the car from and he said it could not be the lpg as he had had the problem sorted and that it could be the HT lead that he had taped up as it had a nick in it!

This statement alone points to him being dodgy. If there was an ignition fault (like a faulty HT lead) then this would show up under petrol running as well - since regardless of the fuel, the ignition system uses the same HT system.

[sleepy184]

Does anyone know what my rights are then?

[patdavies]

Give the garage a week or so to respond.

If you get nothing or a refusal, write again with an LBA, if they don't respond to that then go to SCC and sue them for the money.

Under the Sale of Goods Act, you have to give the seller the opportunity to repair the fault. However, this fault was noted and supposedly and specifically rectified prior to delivery. I would argue that the seller has had his opportunity and, in any case, you have 'lost faith' in the ability of the dealer to be capable of rectifying the fault.

I suspect that what he did was simply reset the engine management system and let you drive away on petrol. If the problem had truly been 'sorted' then he would have had comeback against the garage doing the 'sorting'.

As to the purchased warranty, you need to write to both the dealer and the warranty company saying that it has been sold under false pretences and that because of this you wish it cancelled with a full refund. If this is refused, sue them both "jointly and severally".

[sleepy184]

Thanks for the info. What is LBA?

I'm hoping this will be sorted without going to small claims court but I dont think that he is going to pay up.

[Parva]

LBA is Letter Before Action. IE. you give them 14 days to redress your complaint and upon expiry of 14 days you commence court proceedings.

[sleepy184]

Thanks for the explanation. Is there any set standard letters or do you just basically write to them explaining the problem and asking for it to be sorted in the 14 days otherwise you will be taking action through the SCC

[Parva]

I've had a browse through the various sticky threads and not found anything particular to an LBA other than where banks are concerned. That's not to say it's not there, I just didn't find it.

However, I would say that you are on the correct track. Write to them detailing the issues and give them 14 days in which to respond in a satisfactory manner. If indeed they do fail to respond there are many knowledgeable people here who can guide you through the court process.