2nd Hand Car - Picked up today, engine fault on the way home!

[London1971]

Don't feel foolish, get it repaired, he's probably got a car that will last for years.

[Streets]

Just now, London1971 said:

Don't feel foolish, get it repaired, he's probably got a car that will last for years.

 

Yes hopefully, we hope that this is the case. Thank you for your replies too  

[BankFodder]

By the way, some people think that dealing with a limited liability company – you are dealing with something respectable.

They don't seem to realise that limited liability exist to protect the company from its creditors/customers.

If you deal with individual, then if you can ascertain the assets of the individual – for instance, their house/home, then if you need to enforce, you can enforce against that property.

The whole thing is difficult and there is no winning formula

[Streets]

Hi all,

 

I just wanted to give you an update and ask for further advice.

 

The car has been taken to a local garage today and we have been sent a video (just a close up of the engine with the broken pipe) of the suspected issue which they have said is an air flow pipe which has broken.

He said it wasn’t broken when the car was sold to us and so he will buy the part & we pay for the labour.

 

We really feel that he should pay for this entirely, I also don’t want to set a precedent by paying for the labour if things deteriorate further with this car.  He also hasn’t stated how much the labour is, something we will ask when we respond to his message.
 

How do you think we should proceed?  I don’t want to take the wrong approach now.

[BankFodder]

Well the fact that he is doing this suggests that he has a certain awareness of his responsibility – but I really don't know what to advise. We know what your rights are – which is that he should give you a full refund. On the other hand, maybe this is the best you are going to get without court action.

As he is prepared to make this gesture, maybe he is prepared to listen to reason and give you your money back – or most of it. Maybe you could offer him a deal that he takes the car back and returns thousand pounds to you – you might then eventually settle for £800 or £900 – which of course leaves you out of pocket but at least you would have escaped the problem. Given the risk of the problem of enforcement, maybe that could be a way to go.
It's so difficult to know what to make of it. Maybe he feels vulnerable to the risk of a legal action against him. Maybe he doesn't understand the procedure and you could tell him that you will send the bailiffs to his home if he pushes it that way – but on the other hand maybe that will simply get his backup and you will lose the tiny shred of goodwill.

I'm sorry, I still don't know what to say. I think we've explained the law to you and we try to outline the risks – but I think it's time now that you need to make your own decisions based on your own judgement. I don't envy you
 

[Streets]

Thank you!

 

I’m now of the feeling that we pay for labour (but point out this is a gesture on our part to get this resolved) and then get the car ‘fixed’ and back here, after a test drive.

 

I’ll then pursue any further issues, if there are any, as appropriate.

 

I appreciate your responses to me on this forum, it has helped me remain level headed!

[BankFodder]

My only concern is that you don't know all the faults are and once you start putting money into it, you may then feel obliged to keep on pouring more money in – good money after bad.

It's a nasty trap to be in

[London1971]

Sounds like a very common problem in a 12 year old car, pretty minor in the scheme of things.