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Faulty car purchased from a car dealer


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Hello everyone

 

3 weeks ago i brought a second hand car from car dealer in London. Everything seems to be ok, but on my way home (70 miles distance) oil pressure lamp start blinking. Also after pressing gas, sometimes car seems "choking". First I ignore that, because seller assure me that car is 100% ok. After a week i took it to garage and i spend 80 quid on oil change and engine flush, but it didn't solve the problem. Then i took it to kwik fit for diagnostics,when i came to collect, guy told me he found two errors (injector and some sensor) but also something seems to be wrong with engine because it dosen't work as is suppose to and co2 emission is way too high. But he said he didn't want to open it, because engine seems to be recently repaired by someone, and some nuts are misssing. According to him looks like someone done something on the engine but didn't finish. I contact trading standard to enquire about this situation and the advice me to contact trader, first by phone followed by recorded letter. Next day car start to be very loud so i took it to garage. Diagnose was: bearing pads (both sets) to replace, crankshaft grinding, injector faulty, connecting rod to replace. Est costs 1000 pounds. Also mechanic confirmed that engine was rebuilt, crankshaft was already grinded 2 times and it was done not so long time ago - silicon in some places was still soft. When i called trader he said he can only cover the labour, but i need to pay for the parts. I told him its not good enough and Im interested in return car to him and get full refund, or he need to cover those repairs at no costs to me. He said he can help me with that, and disconnect, so i wrote him and send a recorded letter. Now when car is almost fixed i get in touch with dealer again to ask him if he receive my letter. He confirmed and said, he can take care of repairs if i bring car to his place, i told him that i already start fixing car using my own money, and don't need that any more i want to look for repair costs refund. He said he is busy at the moment and ask me to call him back on monday (it was friday)

 

So my question is: How to get refund from him for that repairs? because now he seems to change his mind after I already took care of repairs, so his offer is useless to me.

My garage will provide me with full documentation of repairs - invoices, pictures of broken parts, and their opinion about condition of the car before repairs

Whats my options?

 

P.S: sorry for my English, I'm still learning :)

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Hi mart

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Here's some info in the meantime:- http://www.adviceguide.org.uk/england/consumer_e.htm

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum - Vehicle retailers and manufacturers

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What's a bearing pad?

 

So a garage told you the day after you took it in that it needed all this work done?

 

The seller has offered to pay the labour charges but not the parts and materials?

 

The car should have been taken to the selling dealer and he given the first chance of a repair. What he has offered is very generous and you should accept, he has no obligation to pay for anything without being given a chance to at least look at the car.

 

Can you list the parts used please martinus, it should include a new or used crankshaft as you can't grind that part 3 times.

Edited by Conniff
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What's a bearing pad?

Sorry not bearing pads - bearing shells of course (I warned my english not very good).

 

So a garage told you the day after you took it in that it needed all this work done?

The order of my actions

24.05 - I brought a car :)

30.05 - oil change/ engine flush

31.05 - kwik fit visit - first attempt to contact seller

2-6.06 - long weekend, car getting louder

7.06 - visit to garage - mechanic after he heard engine running, thinks theres something wrong with bearing shells/crankshaft

8.06 engine is open now - pieces of bearing shells in oil sump, bearing shells ruined, crankshaft damaged, est. of costs 1000 pounds (depends if workshop will carry on with grinding - otherwise i need new crankshaft (500 pounds)). I send the letter to seller.

9-14 waiting for response, in the meantime i learned that crankshaft was already grinded 2 times. No attempt to contact from seller after receiving letter.

14.06 - most of the parts are ordered now, crankshaft is grinded

15. 06 - few attempts to contact seller, last one successful, he confirmed that he receive letter, and now he happy to do anything i want - i only need to bring down car to him. When i try to explain that most of the things are done, he said he need to serve customer and ask me to contact him on Monday

 

The seller has offered to pay the labour charges but not the parts and materials?

Yes, first time the seller offered to pay for the labour, but i need to bring him parts and find out whats wrong. Basically i need to take my car somewhere, find out exactly whats wrong, go to autoparts store, spend money on parts, take car carrier, take it to 70 miles trip to london, leave my car with him to put all pieces together. He told me that is his standard kind of warranty, and if car is broken now is my fault because i should buy from him extended warranty for additional 270 pounds. Also on my first contact he said that all cars sold under 3000p are sold as spare or repairs and soga dosen't affect them (according to guy from trading s. its illegal to limit customer rights like that)

 

Can you list the parts used please martinus...

What was done so far: crankshaft (grinding), bearing shells (2 sets), Injector was cleaned, bearing caps replaced, Some hoses replaced (don't know what they called, but it has something to do with manifold sensor). What has been done costs about 1000pounds. Car cost me 2500 (mazda 6, 2005). According to my mechanic connecting rods should be replaced as well, and dualmass/clutch about to runs out, but i run out of money to carry on with more repairs :(

 

The car should have been taken to the selling dealer and he given the first chance of a repair. What he has offered is very generous and you should accept, he has no obligation to pay for anything without being given a chance to at least look at the car.

He was offered to do that and our first contact, but he declined.

You think his offer was generous? - first offer was to do labour, so i need to spend about 300 to strip down engine and find out whats wrong, spend 300- 400 pounds for parts another 100-200 to car carrier...is it worth? second offer came after i open engine and pay for parts - so no point to do that. And why all of the sudden he change his mind? Generosity?

 

I was advised to take matter to small claims court, but i want to try to reason with the dealer firsts. I can provide him a full documentation of repairs/pictures/invoices and eventually take car to his place for inspection, if he require to do that in order to claim money back.

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Out of curiosity,what is the year and model of the car and also the mileage ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The seller is entitled to have the opportunity to inspect the car in the first instance. You should of taken it back. By not doing so, you may have prejudiced your chances of a 100% successful claim at court. Sounds to me like you had good grounds to pursue as well.

 

IF however he (the seller) was given the opportunity but declined, then yes, you can bring a case for the full repair providing you have evidence that it needed doing.

 

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Mazda 6, 2005, diesel 2.0, 136. Mileage is 98000, but mechanic said its possible someone tampered with that, because wear and tear of some parts indicates higher mileage

 

In that case, check the MOT history via VOSA. Any mileage descrepancy will show up there.

 

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Hi, yesterday i called and try to speak with the guy whom sold me the car - he was unavailable, today i make 5 phone calls before i reach him. First he sound upset, and when i asked him to calm down, he said it's my fault, he is upset, because i keep try to call him, and he just take his medicine and try to lay down a little bit when my phone call stroke him... (no comment on that)

Anyway, he told me I can bring car now and he will fix it for me. I told him that some repair already done and would like to ask some compensation for my expenses. He said "it's not gonna happen". I ask him if don't won't to hear more details about this, because i was try to offer him a to split costs between us, but again he replied it's not gonna happen. I told him as a customer under soga section 75 i have right to ask my card company for full refund, or i can try to open small claim case - he replied "you do what you have to do". I ask him one more time about this and he confirmed i wont get any money from him.

 

My options are: I can try to open claim with my card provider and try to obtain full refund - but i will lose money I've already put into car, or i can go to court, but i will be more expenses for me, and procedure might takes ages. Third option is to take it to dealer , and ask him to replace crankshaft (current one is after 3rd grinding so not so strong as original one) clutch, and flywheel, but i suspect he won't do that, because he would say that car is working so no point to replace anything...Any thoughts?

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I don't think you will have much joy with trying a chargeback, the car has had major mechanic repair and isn't the same as when it was sold to you.

 

If the car is now running after having the engine rebuilt, I can't really see what the problem is. Has it been fixed and now running or are there still faults with it ?

 

I don't think you would find it easy in court either. The seller should be given the first oportunity to do any repairs, he can now say that other garages have messed around with it and created other faults.

 

Did you stop immediately the oil pressure light came on ?

Edited by Conniff
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If the car has is now running after having the engine rebuilt, I can't really see what the problem is.

The problem is when i brought a car i expect to be roadworthy and i didn't expect i need to spend value of the car in repairs. It didn't happened a year after a purchase, but less than a week. The problem is I was assured there's nothing wrong with the car and it's in perfect condition. Finally the problem is, he don't won't to take any responsibility.

Has it been fixed and now running or are there still faults with it ?

I still don't have it - should be done on Thursday, but just like I said earlier - crankshaft is after 3-rd grind, so any time soon it might break. When they opened the engine they also noticed clutch/flywheel nearly runs out. This kind of things won't give you peace of mind while you driving - you keep thinking WHEN something is going to happen again. I can't repair those things because i run out of money to carry on.

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Hi martinus

 

Is this meant to read, 'cannot' instead of 'can'. The way I reading this is that you already asked him to fix it and he refused, he agreed once he received the letter, but he didn't contact you, you had to contact him. You need to write to your Credit Card Company, don't speak to them over the phone.

 

'I told him its not good enough and Im interested in return car to him and get full refund, or he need to cover those repairs at no costs to me. He said he can help me with that, and disconnect, so i wrote him and send a recorded letter. Now when car is almost fixed i get in touch with dealer again to ask him if he receive my letter.'

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