Problems with Smoking Car !

[bgqs]

I purchased a car from a second hand dealer in February 2010 and quickly found that the car was smoking.

 

Over the ast few months, I have issued a number of letters and the dealer has amenable to resolve matters.

 

However, the fundamental issue has still not been resolved and the dealer is not willing to continue investigating for probems.

 

I have taken the car to a local garage today and they have identified the intercooler as having a leak.

 

I have taken a short video together with photographs of the excessive black smoking.

 

The dealer has refused to resolve the matter and I have informed them in writing that I shall seek recovery through the formal channels.

 

My next step is to get the car repaired myself and recover the money back from the dealer. I have asked my local garage to undertake an exhaust emissions test to demonstrate that the car is not for purpose.

 

The problems with the car were notified within the first 28 days following purchase. The dealer changed a few parts but to no avail.

 

What other information will I need to demonstrate that the car was not fit for purpose at the time of sale ?

[heliosuk]

I think the diagnosis is wrong for a start.

 

What car, age and mileage though this does not get over the fundamental issue of something being wrong when you bought it?

[bgqs]

The car is five years old and had done 41k when purchased. What other information do you think will be required to prove that the dealer is at fault here...

[Conniff]

Have you been shown this leak?

There are more likely things that will cause black smoke than an intercooler problem. Has the air filter and egr been checked?

 

You want to be certain that there is a fault with the intercooler before paying out as the cost will not be recoverable if there is no problem.

 

If the intercooler is changed and the problem is still there, you will have to foot the bill even if it is a mis-diagnosis.

[bgqs]

Hi,

 

I was at the garage last night and it is apparent that the intercooler is ruptured. This is evident by the pool of oil in the tray.

 

The dealer has already replaced the EGR valve and many SAAB forums say that the intercooler is renowned for this problem (rupturing/ballooning at the bottom with the resultant black smoke).

 

The problem largely points towards the intercooler however, I except that if the smoke is still present following replacement, then I will be liable for footing the bill.

 

I am working on the basis that the intercooler is the problem until the garage tells me otherwise !

 

I have photos and videos and the collection of letters that have been sent. Once I have the bills, do you think there will be anything else required.

 

I have asked the garage to run exhaust emission tests prior to replacement in order to demonstrate that the car was not roadworthy and hence, not fit for purpose.

Edited June 15, 2010 by bgqs

[Conniff]

Oil wouldn't be and indication of a rupture in an intercooler, they are either worked by air as in your radiator or on the more expensive models, water.

 

What model car is it bggs?

[bgqs]

Hi Conniff,

 

The garage has just called and has advised the intercooler has a big split in it. He is awaiting for the new intercooler at a cost of £300 approx.

 

Model is a 2004 9-3 2.2 TiD. It looks like the intercooler is the problem. What are your thoughts ?

[Conniff]

If that is the problem, then get full written details from the garage and a detailed bill.

 

You should really contact the seller again and inform him what is wrong and ask if he intends to fix it, if not then you tell him you will be taking it to a garage to fix and the bill is £xxx and that you will be sending him the bill for a refund.

 

You really need to do this in writing using recorded delivery so that you have a hard copy of his refusal to do anything about it. When he is informed of the actual problem, he may well ask you to bring it in and he will fix it. The seller should always be given the first oportunity to do a repair.

 

I know you say you have written before, but you didn't know the exact problem then.

[bgqs]

As well as the letters, we had a discussion that resulted in the dealer confirming that he would not be paying for any repairs. I confirmed this back to him in writing yesterday.

 

I also confirmed that the independant garage advised that the intercooler had ruptured following a visual inspection. The dealer knows of what the problem is and still resisting any further costs.

 

The car needs to be fixed today. I shall send another pre-action letter today to advise of the outcome and confirm that costs will be submitted together with full details.

 

I will give him 7 days to pay and then will submit a claim to court. I cant afford for the car to be off road for any longer than is needed awaiting for the dealers reply.

[Conniff]

Don't jump the gun on court action. When you have had the work done, send him a copy of the bill (and look after the original), and wait for his response/refusal and then send him a Letter Before Action and give him 10 days in which to settle.

 

After those 10 days, then you can do your claim, you can do it on line at

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

If he should deny that it was like that as the point of sale, you can remind him that during the first six months, any faults are assumed to have been there at sale.

[bgqs]

No probs...I will give them 10 days to respond. Thanks

[bgqs]

Any good letter before action templates on here other than the bank ones ?

[Conniff]

It seems you have been forgotten bgqs - my apologies. How have things turned out?