Part exchanged car which has since broken - help please?

[Honeybanana]

I traded in my car at the weekend for a newer one.

 

I made the garage aware of a abs problem that I was aware of but other than that the car was fine. They took it for a test drive and were happy with it.

 

They contacted me yesterday to say they had taken the car out for a "proper run" when it overheated and ran out of water - I explained that I was not aware of any issue - I'd had a heating matrix leak repaired over a month ago but my garage had advised the car was fine and I've been driving it as usual ever since.

 

He then sent me a message saying he was getting a mechanic to look at it but though the head gasket had been broken.

 

Now, I'm not mechanically minded but surely I would have noticed that or would have had problems with the car if that was the case? If the issue was there then it was missed by my garage and I certainly wasn't aware of it otherwise I wouldn't have been driving the car!

 

I'm just wondering where I stand legally here - I don't know why he's contacting me now and what he's expecting of me? Can he cancel the agreement or refuse to take the car? I have a receipt saying he took it as part exchange so is the car not now legally his?

 

Any advise on where I stand legally and how best to proceed are greatly appreciated. I don't want to be rude to him but I just want to enjoy my new car not get dragged down in the problems he is having with my old car!

[Honeybanana]

I traded in my car at the weekend for a newer one.

 

I made the garage aware of a abs problem that I was aware of but other than that the car was fine. They took it for a test drive and were happy with it.

 

They contacted me yesterday to say they had taken the car out for a "proper run" when it overheated and ran out of water - I explained that I was not aware of any issue - I'd had a heating matrix leak repaired over a month ago but my garage had advised the car was fine and I've been driving it as usual ever since.

 

He then sent me a message saying he was getting a mechanic to look at it but though the head gasket had been broken.

 

Now, I'm not mechanically minded but surely I would have noticed that or would have had problems with the car if that was the case? If the issue was there then it was missed by my garage and I certainly wasn't aware of it otherwise I wouldn't have been driving the car!

 

I'm just wondering where I stand legally here - I don't know why he's contacting me now and what he's expecting of me? Can he cancel the agreement or refuse to take the car? I have a receipt saying he took it as part exchange so is the car not now legally his?

 

Any advise on where I stand legally and how best to proceed are greatly appreciated. I don't want to be rude to him but I just want to enjoy my new car not get dragged down in the problems he is having with my old car!

[BankFodder]

Please will you not start multiple threads on the same issue. It makes it confusing for people who might want to help you.

[Honeybanana]

Please will you not start multiple threads on the same issue. It makes it confusing for people who might want to help you.

 

 

Sorry I realised I'd posted it in the wrong section but wasn't able to move it hence I reposted in the correct area!

[BankFodder]

You care a consumer and the garage is buying the car in the course of business. Unless you have actively mislead the garage, I don't think that there is any comeback on you. Presumably they inspected the car before they bought it. I think that they bought it "as seen".

 

I would tend to have nothing further to do with them.

However, be careful if you have problems with your new car as they may well make things difficult for you if you try to go back at them under the guarantee.

[Conniff]

You are a private citizen and not a trader or dealer, so the purchase from you will be classed as a private sale hence, they do not get the protection of the regulations that you have on your new car. Just as in all private sales, it is 'buyer beware'.

 

Being professionals, they should have made themselves aware of any problems before they made you an offer. Any problems are purely their problems, and should they come back to you requesting that you contribute to bring the car up to standard should be rejected.

 

You, however, are covered by regulations and any problems that develope in your new car will, in accordance with the regulations, be theirs to take care of.

 

They were happy to accept the car and gave you a price that will make them an handsome profit when they put it back up for sale.

[Honeybanana]

Thank you!

 

I do have a warranty with my new car but I'm not required to take any warranty claims directly with them and do it through the warranty provider.

 

I'm getting my new car checked by a mechanic tomorrow to identify any issues but I had a pre purchase check by a qualified mechanic so I'm hoping I don't need to go back to the garage with any issues. The only think I have left to do is update the v5 with his details - I didn't have it due to changing a private plate onto another car and the v5 hadn't come through yet but I'm hoping that will not be an issue

 

I think I'll just ignore any future contact unless he raises any formal action - he test drove my car and had a chance to look it over etc - I had nothing to hide as I was not aware of any underlying issue.

[Conniff]

Will you come back and tell us the result of the check you are having done please.

[Honeybanana]

Will you come back and tell us the result of the check you are having done please.

 

Of course! Although fingers crossed nothing major shows up!

 

Thanks for the advice everyone - I've not heard anything from the dealership today so maybe he'll cease contact now! I've been a bit stressed about it!

[Honeybanana]

Well there are further developments.

 

The garage sent me a text message last night claiming the head gasket has gone and that there are signs that a seal was put through the system to prevent this happening earlier.

 

The only seal that I'm aware of is the one my garage used to fix the heating matrix leak so I will be phoning the today to confirm exactly what they did to the car and whether or not there were signs of gasket problems - as I said to the garage, I'm not a mechanic, I can only go on what I'm told!

 

They are now claiming they want to cancel the deal and are seeking advice so I'm going to phone consumer direct this morning to see where I stand!

[Conniff]

The use of a leak stopper is a temp measure only, a get you home repair. I don't like this one, there is something you are not telling us as the same gunge can be used to mask a head gasket problem on a temp basis.