sold a truck with a damaged crankshaft

[cowman]

could anyone advise please

 

 

On the 20th December I bought a 1999 Mitsubishi l200 pickup from a local dealer

the asking price was £1990 with 7 months mot and 117000 miles

Although there was no service history the truck looked in reasonable condition to me and the guy said he'd been using it himself and had had no problems. when I asked if the timing belts were changed he said his mechanic had looked over it and they were good.

 

 

we agreed on a price of £1700 so I paid using a credit card. After I'd paid he gave me an invoice on which he'd highlighted a line saying discount given in lieu of any warranty given or implied. At the time I didn't really take much notice of that.

 

 

last weekend (17h Jan) I decided to give it an oil and fuel filter change due to it running a little rough When I noticed the crankshaft pulley wobbling. I then realized that the bolt that holds it had broken off at some point and the pulley had been crudely welded to the crankshaft which was now breaking up. An engineer advised me that the crankshaft had been previously damaged and the weld was a botched attempt to repair it so would need replacing and not to drive the truck.

 

 

I rang the dealer first thing Monday and explained but he was busy and said he would ring me back which he didn't. so, I rang again Tuesday This time he said there was nothing he could do as he didn't know about the welding plus it was an old vehicle so I should expect problems.

 

 

I did mention the sales of goods act but he said as he'd knocked off £290 and the receipt said no warranty it didn't apply. the law was on his side

 

 

I've not had any contact with him since as I thought that was that but, as I sit here having another sleepless night worrying about the mess I'm in I think there must be something I can do.

can anyone help please I've only had it 4 weeks and done 370 miles

[BankFodder]

With a fault like that on a vehicle of that age and that value, I would consider it to be fundamental and in fact the vehicle is a write-off.

 

The supplier is only protected from the effect of the Sale of Goods Act if he drew your attention to the fault and you accepted it.

 

Stop driving the vehicle immediately. Write to the supplier and tell him exactly what is wrong with it and that you are rejecting the vehicle and that you want a full refund.

 

If possible get the vehicle to the supplier and leave it there so that it is his responsibility and not yours. If you do manage to do that, make sure you take full photographs of the vehicle to show the condition it was in when you left it on his forecourt.

 

Give the supplier 14 days to refund your money or else you will start a legal action in the County Court. Then sue. If you're not prepared to take this action then frankly you will have to give up.

 

Bringing a small claim in the County Court is extremely easy, very cheap and pretty well risk-free. On the basis of what you have told us here I estimate that your chances are much better than 95%.

 

Send the letter I have suggested and during the 14 days read up on how to bring a small claim in the County Court and start preparing your claim form. Open an account with MoneyClaim online (it's free) and start preparing your claim form there.

 

You don't need to put anything fancy.

 

The defendant is a trader who sold the claimant a XXX type of vehicle XXX on XXX date XXX for £XXX.

 

The vehicle had a damaged crankshaft which was hidden by a botched repair. The vehicle is un-driveable and it amounts to a fundamental breach of contract.

That's pretty well all you need to put apart from the money that you are claiming and the interest on it.

 

Your only problem maybe enforcing the debt once you have won your judgement. Frankly I would instruct High Court enforcement officers to go in hard and to get the money – and I would do it immediately that I had the judgement without fannying with any niceties or exchange of correspondence with a reluctant defendant.

[BankFodder]

I've just noticed that you paid by credit card. Contact the credit card company as well and tell them what has happened and tell them that you are looking to make a claim under section 75 of the Consumer Credit Act.

 

They won't be very happy but you may as well get the mechanism going in parallel with bringing your court claim.

[ashmk]

He is talking guff. You cannot sign away your rights.

[scaniaman]

Hard to comment without actually seeing the fault. If dealer has any MOTOR ENGINEERS working for him, would it not be possible to break rest of weld and remove pulley? Extract broken bolt and replace with new pulley and bolt????

Just a thought.

[Conniff]

Did you buy this as a consumer or for and through a business ??

Did you pay VAT ??

[cowman]

Thanks for your replies

 

 

I have written to the credit card company to make a claim under section 75

 

 

I had an engineers report done they say the pulley had come loose previously wearing the end of the crankshaft. The welding was done probably to hide the damage, but in fact has caused more damage, also, the pulley needs to be removable for servicing the timing belts behind it. they recommend a replacement engine

 

 

I bought the truck for my own use not business and did not pay V.A.T.

 

 

Realistically, do people ever win cases such as this. I ask because consumer programs are always featuring people who get ripped off when buying used cars and chasing claims. I guess I'm now in the gullible club

.

[ssparks2003]

Yes people win these claims, but you need to follow the process.

[Conniff]

I can't see any problems with getting you money back in full when he receives the Letter Before Action but if he is a fool, (and most car salesmen think they are really clever), there is no way you can lose this in court.

[cowman]

Thanks to everyone for their support it means a lot knowing people are listening

 

 

As an update a women from the dealer rang yesterday to say they had got my letter of complaint and what did I want them to do

 

 

I said as in my letter I wanted a full refund or repair but as the engineers report recommended a replacement engine it may be better for them to go the refund route

 

 

They are now arranging to collect the truck to get their mechanic to look at it. They have asked me not to write anymore as "letters get you nowhere and I'm sure we can work something out on the phone" were her exact words

 

 

I'm not sure what they meant by that but, I said if they want to ring me that's fine but any agreement must be in writing and if we cant agree they will get more letters.

 

 

I guess for now its watch this space

 

 

If they contest my garage report and attempt to repair the crankshaft (which I'm assured will fail due to the amount of damage all ready done)

can I reject repairs I'm not happy with or do I have to let them try

[Conniff]

They have asked me not to write anymore as "letters get you nowhere and I'm sure we can work something out on the phone" were her exact words

Further to what I said in post #9, they think you are the fool.

If you converse on the phone, make sure it is recorded, so use your mobile if you have to. You do 'not' have to inform them you are recording the call.

 

 

Yes you can reject any repair that makes the car not as it should be and a welded on crankshaft pulley is certainly not as it should be.

To be honest, it the last owner had this bodge done, what else is held together with string and glue. I think I would continue to go for the full refund.