I have bought a faulty car (Engine Oil Leak)from a local Garage

[hello5555]

Hello All,

I am keen to have some advise on what to do now after spending £3700 to buy a Nissan Primera (2002 Make) with 69K on it. I bought this car from a local Garage at Romford on Sep, 2007. The garage gave me a 12 month warranty on any Engine Trouble but excluded the electric and any normal wear and tear.

After two weeks from the car purchase, I find that there was no engine oil in the engine oil tank. Then I filled it with the recommended engine oil but there again after a month I saw the low engine oil light blinking on my dashboard. When I first called the garage to report this problem, he told me that these problems are quite trivial for a car that has done almost 70K. However he told me that he will take a look at it when his mechanic has got time. This delayed for more than a month. Finally on 11th Nov 207, he took my car for some repair and returned it to me on the same day saying everything is right with this car.

But again I found the same problem of loosing engine oil and to it he told me to do a engine pressure test once his mechanic has time. I contacted him many times for it (I have sent him notes for it on 14th Feb 2008, 15th Feb 2008) but he never responded.

I started loosing Engine oil and coolant simultaneously. The engine did overheat quite often. On 20th Feb 2008, the garage owner agreed to have this car repaired when I was out of town and the car broke down. He told me that he can have the car repair cost reimbursed from his Autoprotect Insurance (I No idea what that company is and what sort of coverage it has for the garage owner). All he told me is that the warranty that is given to me is covered by Autoprotect. On this assurance, I paid £786 to fix the head gasket and power steering leak.

But now after so many follow-ups with the garage he tells me that he can’t give me any money for this repair as the conditions are just routine wear and tear.

Moreover, I would have been happy if the repair did fix the problem. However the car still has engine oil leak. And I can feel that I don’t have enough torque for 2L engine. Talking to a Nissan dealer, I understand that, there might be damage to the lower half of the engine. This is causing the engine oil to burn inside the engine compartment. The Nissan dealer wants me to replace the engine and that will cost me quite high. To make matters worse, the airbag warning sign also started blinking continuously.

With all these problems, I feel like cheated by the local car dealer from whom I bought this car. Is there any option left for me now to get any refund from this local dealer. The engine is defective but he refuses to honour the warranty telling me that the defect is because of the wear and tear.

[ReasonableRon]

You know it still amazes me when car dealers say they will repair a fault that was obviously present at the time you bought the car 'under the warranty'.

Car warranties cover a lot of eventialities but, like any other insurance, you cannot take out a policy and then expect it to pay for something that was already defective. Just like you can't crash your car in the morning and then take out motor insurance in the afternoon and expect to be covered for your accident.

Warranty companies are very wise to this type of dealer scam and will therefore look at claims shortly after a policy has been taken out very carefully.

In your case the vehicle was obviously faulty at the time of purchase, and regardless of what the dealer says, it is not normal or acceptable for a 70,000 mile enging to be using oil at the rate it has. Time to invole your consumer rights I suggest - although you have had the car for more than 6 months you can evidence that you have been having the same problem since purchase and the dealer has so far failed to deal with it satisfactorily. Time to get tough with the dealer methinks.

[raydetinu]

I think you have speak to garage and ask them to repay your costs or you take them to court, then follow up with letter before action.

[hello5555]

Thanks for your suggestion. I have already lodged a complaint about the Dealer at our local trading standard office. Waiting to hear something from them. Obviously the engine oil leak was found within six months of my car purchase. I have also informed the dealer about it. However the dealer simply delayed the repair.

If I need to take any legal action against the dealer what are my options? Whom should I approach for any advise on legality of such case?

[patdavies]

Is it actually an oil leak (ie oil all over the engine compartment and the underside of the car) or is it burning it and you have assumed that it is leaking due to the level dropping.?

If it is a leak, then it shouldn't be too difficult to fix; if it's burning it, then this usually means an engine rebuild.

[hello5555]

It is burning oil inside the engine compartment. I don't see oil all over the engine compartment and the underside of the car.