My local Garage and Car ... what options?

[moll 61]

Hi all

In May 2010 my wife bought a car (Vaxhaull Zafira) from a local garage.

After 3 days the car broke down about 5 miles from home. Luckily garage not to far away so it was able to make it there, she was told they had checked it out and could find nothing wrong but it was ok. After having it for a while it became apparent that the car used alot of oil, she had the oil filter replaced but soon started having problems with it using alot more oil, just had to keep checking it. The garage said it was just a car that used alot of oil.

The car then broke down in July last year and had to be towed back to the garage. It took two weeks to repair it, costing £1130. After having the car back for acouple of days (if that) blue smoke started coming out of the engine, took the car back to garage who checked it over and she was told that in hind sight they should have put a new engine in, best they could offer was to try give it a quick fix and she would be best taking it to auction which they did for her (maybe?), however once the car did manage to make it to the auctions it was not sold and once engine turned over car billowed out the thick smoke.

 

She was then told that a new engine would be best thing, but they just wanted to check afew other things out..... After they had had car sometime she got a call to say yet again, a new engine needed, so just she said to do what was necessary. After them having car for some time another call made about it needing a new engine cost would be around £1000but he would check prices of engines, yet again waited, so made another call to be told they had done nothing was waiting to hear from her, but she thought waiting to be told a more specific price. Was told that it would cost around £1000, (without checking prices etc) and it wouldn't sell for much, so one of the mechanics is looking for a 7 seater and would give her about £300(Convenient) wouldn't get that much after paying out for the new engine, should she be paying for this as handed over £1000 to get car repaired, also spoken to independant mechanic who sais engines can be picked up for £200 and wouldn't cost that much to fit....

They have had her car since last August, what options does she have

 

Many Thanks Moll

[sailor sam]

Age of the car and price paid please. Was it the selling garage that has carried out the repairs?

[moll 61]

Car is a 53 plate, Garage concerned have done all repairs and is the garage that sold us the car for £3200

thanks

[sailor sam]

I'm sorry but I think you have not been pro active enough here with the seller. When you were told that 'the car uses a lot of oil', my response would of been there and then; 'well you better sort it out then because it shouldn't use a lot of oil'.

 

The problem you have here is the time scale. Within the first 6 months of ownership, the seller has to prove that the fault wasn't present at the point of sale which basically means that any fault (ex wear and tear) would most likely down to the seller to rectify. Clearly from what you say, he has fobbed you off and you are now well passed that time window and so far £1130 out of pocket. Sounds to me like he knew there was a serious problem and managed to fobb you off long enough to be able to charge you for the work which he possibly knew needed doing when he sold it.

 

But all is not lost. You can use the SOGA to bring a claim for up to 6 years from the date of purchase BUT you will need to build a strong case using evidence in the form of documentation relating to the problem from the first time the problem became evident. So do you have any paper work (invoices etc) relating to the breakdown shortly after purchase? Or the invoice from the repair last July? In a nut shell, if you take this to court, you will need to convince the judge that the problem was there around the time you bought the car.

 

If it was me, I would be arranging to have a quiet word with the seller and say that you are not happy with the purchase as you believe the oil issue that it had was just the tip of an expensive ice berg and as such, you hold him at the very least, partially responsible. To avoid taking legal advice, what would he be prepared to do about it.

[sailor sam]

Deleted. Duplicated post (for some strange reason)

[moll 61]

Thanks very much Sailor, I agree the oil problem should have been challenged, my wife would not let me deal with this as i can be to "vocal", still have bill for the work done in July, the garage must have documentary evidence of the original oil prob surely? can we get hold of it? Will check out the SOGA, again thanks very much will let you know how we get on

 

Moll

[michael1703]

Sounds like valve stem oil seals, it was common on vauxhall vectras too

 

They can be replaced without removing the head or valves with a special tool

 

New valve stem oil seals fitted should be £200-£250

 

Fitting another engine could be more trouble unless you know its from a low mileage,well maintained,regularly serviced car

[moll 61]

Just found out bill.

 

work carried out; Investigate non starting/noise from engine. Remove cylinder head and trip down re-assemble with parts as listed. bleed systems and test.

followig parts purchased

 

timing belt, water pump, anti freeze, consumables, tyre/valve/balance/disposal, head gaskett set, head bolt set. valve grind, inlet valve, exhaust valve, cylinder head/valve seat overh.

 

labour £325. parts £616.67. VAT 188.33 total 1,130

 

3 days after this it broke down

[Bang!]

If its not the top end - burning a lot of oil is either very high mileage or lack of oil changes.

 

Contact the previous owner and check the mileage.

 

'this model burns a lot of oil' suddenly sounds like a potential cover up worth checking.

[sailor sam]

If its not the top end - burning a lot of oil is either very high mileage or lack of oil changes.

 

Contact the previous owner and check the mileage.

 

'this model burns a lot of oil' suddenly sounds like a potential cover up worth checking.

 

My thoughts exactly.

 

OP I suggest you have that quiet word as I suggested in post 4. If we get no where with that we start writing letters.