Car Bought On Finance - New Engine Required - Case For Refund?

[dvent]

Hi All,

 

I am looking for some help with claiming a refund on a car I have recently bought.

 

The car is a 2003 Mazda RX8. It was purchased from a dealer on 12/11/2009.

 

On the day of sale the car did not start up when warm however I was told this was due to it having no fuel in. It was then filled up with petrol and was fine so I went home with it.

 

Since then, when the car is warm and then off, it will not restart well. It can take 10-15 mins to restart.

 

I have been advised that the car requires a replacement engine.

 

The dealer I bought it from has offered me two options:

 

1* Have the engine replaced (at dealers expense)

2* Return car and take another car from garage

 

I have some concerns with the points above:

 

1* If I have the engine replaced, I believe the cars value will be decreased when it comes to the resale. I would obviously have to explain to any buyer that the engine has been replaced and this may put alot of people off.

2* This is the car I wanted and I do not want any of the other vehicles that are available from this dealer. I took the finance etc. based on this make/model etc. and not another.

 

 

I have asked for a refund but was only offered the two options above. Can anyone advise me of any laws etc. that I can quote in this situation to be able to push a refund to the dealer again. I am wary that I may well be eligible for a refund but do not know what I can use to fight my corner.

 

Any info much appreciated.

 

Thanks

dvent

[heliosuk]

Interesting one this as it would appear thet you already know your rights to a greater extent but are in the dilema as to what to do. To replace the engine with a new one involves great expense. If it was new engine, and I mean a new engine, given the age of the vehicle then the cost would probably far exceed the value of the car. So on this basis it's probaly reasonable to assume it would be a second hand one to be fitted. Now if you went with this, there is no guarantee that you would not end up with the same problem. The resale value is negligible as you can change the engine number on that quite easily. However in the future it will cause issues with spares as the engine will not tie in with the chassis range. So whilst might get over your problems in the short term will not mean that you have other issues occuring.

 

The next fact is that the garage has offered to exchange the car. As there is nothing thast rocks your boat so to speak then I'd do the following in that I'd reject the car (they have already given the option to do so) under the SOGA rules. Get your money back and look for something else.

 

Yes the car is pretty, goes well etc and is unique, but when it goes wrong it does it big time.

 

Look to the lawyer boys as per rejection but believe me walk away especially if a rotary version.

 

Might also be an idea to check if it's a grey import.

[Conniff]

That's really good advice from heliosuk.

 

If you wish to reject the car, it 'must' be done in writing. List the problems and how you believe they have breached the contract between you and give the reason ie; not of satisfactory quality, not fit for purpose etc.

 

Send your rejection letter by recorded delivery at least.

[scaniaman]

Take heed of Heliosuk, but if you really really like the car, then insist on a brand new engine, or at the very least a WORKS recon. job (if Mazda do that). Under any circumstances, a replacement engine MUST carry a written guarntee.

[heliosuk]

I think it is of interest and note for the future why this is so interesting from an engineering point of view.

 

The rotary engine in it's design is beautifully simple, has quite superb power to weight ratios, smoothness and efficiencies but has one underlying weak point that lets it down. This is with the seal between the piston and wall. Whereas the normal engine can rotate the rings for wear, the rotary cannot and this is where the problem lies.

 

The problem the op has is indicitative of these issues. Mazda to there credit have done much work on developing this engine and is 100 times better than when NSU first started using it. No one to date has solved the issue. I'd like to think someone can but because this seal cannot move I can't see it.

 

The RX8 is quite beautiful and has stunning performance for what it is but will always suffer from the same problem.

 

I'm also not sure you can get a recon either due to the nature of it. A great shame in my opinion.

 

I've worked with some of the Mazda development engineers on other vehicle projects and they were some of the best engineers I have seen.

 

However in the case of the OP I suppose you could pursuit a brand new engine but think you will have a lot of grief.

 

I still recommend taking the money and running so to speak.