car dealer sold me faulty engine car

[dosh]

I purchased a car from a dealer, which he said was a part exchange car, he said the car was in good condition but because it was a part exchange car they couldn't give me a waranty. I signed a disclamer to this effect.

2 weeks later i realised the car had an engine problem, I took it to my Local car Dealer garage and was quoted a minimum of £3700 to repair the engine, i bought the car for £4000..

 

I believe the dealer knew about the fault but he still went ahead to sell it to me, i phoned him he said well it is sold as seen or a Trade sale and they cant do anything about it.

 

now i am left with no car, it is going to be 4 weeks this weekend, any advice will help

[patdavies]

If you are a private buyer, then "sold as seen" is an invalid and thus meaningless term.

 

As far as warranty is concerned, you may not have a warranty, but you cannot sign away your rights under the sale of Goods Act.

 

What exactly is so wrong with the engine that it will cost £3700 to fix? Have you tried contacting the previous RK (on the V5) to see what he has to say about the fault (he is not liable in any way, but he may know if the dealer was aware of any issue)

[dosh]

Obviously Toyota Charges are off the roof, I will try and contact the previous RK as suggested, Basically they need to repair the engine or fit a new one.

 

The dealer called me this morning and explained that it was a TRADE sale which meant noting could be guaranteed, and that if it was a Retail sale then he would have guaranteed it.

[ncf355]

As said above, warranty or not he is still liable under the sale of Goods Act - contact Trading Standards and get them to look into this pronto

[gwc1000]

Hi, dosh. Just a few questions: What make model and year is the car? What is the mileage? Exactly what has been diagnosed as the fault? What made you realise there was something wrong with the car (no I'm not being sarcastic!) was it only after two weeks? Exactly how much did you pay for the car? Did you pay the full asking price or did you knock the dealer down?

Regards

[Conniff]

explained that it was a TRADE sale

 

Are you a 'trader' dosh??

[dosh]

I am not a trader, The car is a W (2000) reg Toyota MR2 with a milleage of 88k.

 

The engine is faulty,

I started to hear some rattling in the engine after 2 weeks,

i was told by Toyota that at a point in time, the car was run on low or no engine oil (definitely not by me), so that had messed up the engine, although Toyota did not open the engine up, they said judging by the sound of the rattle and their diagnostics, they need to replace the pistons and other stuff related to the engine.

I paid the full asking price of 3995, the dealer could not give me a discount because he said it was a part exchange car and he wasnt making anything off it

[gwc1000]

Hi, dosh. When you say "dealer" do you mean a proper car sales pitch or is it someone dealing from their front garden?

[dosh]

An established car dealer that sells over 60 cars in a showroom ranging from £1000 to £15000

[Conniff]

That's all the information required dosh.

 

You are covered under the sale of goods act. You should return and ask for the engine to be overalled at the dealers expense.

Don't take any bull or excuses about part exchange or trade, you have the full weight of the law on your side.

 

If he refuses to do any work, then you must get a quote from another garage and 'write' to him telling him you are having the engine rebuilt and he will be sent the bill. You will have to pay the bill for the rebuild yourself first, unless you get a very understanding garage, but that's not likely.

 

Once rebuilt, you must send him the bill giving him 14 days to pay with the threat of court action. If he hasn't coughed up in that 14 days then you will send him a 'letter before action' giving him 7 more day and then you will file in court.

[dosh]

Thanks that is great, a solicitor recommended by Honest Johns website said, I am covered aswell but this is quote:

 

To draft proceedings in a case like this we would charge £250 + Vat.

We can also do the court hearing for a further £250 + Vat.

You should claim the higher figure of £3700 quoted by Toyota.

Our fee would cover ;

Receiving from you a detailed summary with all accompanying documents including written quote from toyota.

Peparing proceedings and writing to dealer making an offer to settle.

Sending proceedings to you with advice on how to issue them proceedings

but when i asked if the charges can be recovered he said no, but i have dedcided to do it myself

[dosh]

what else can i claim for, as at the moment I have no car to go to work and i cannot afford to rent a car as all my money will go towards repairing the engine. This has inconvienienced me badly

 

Is it a good idea to contact the last registered keeper, probably the last registered keeper told them the car had a fault (not sure)

[gwc1000]

Hi, dosh. Personally, I would be pushing for a refund, not a repair. If the invoice states "trade sale" this is meaningless. Your rights as a purchaser are unaffected. The car must be fit for purpose, which this one obviously isn't. I would not advise you to have the vehicle repaired at your own expense and then trying to claim the money back. You will be getting more financially involved, (and not a small amount) which is never a good idea. In Court you may not get all of the cost of repair. The dealer will claim he could have repaired the car for a lot less money than you can, which would be true. I think it is best to approach the dealer immediately for a full refund. However, you will probably eventually have to resort to Court action for a satisfactory outcome.

[Conniff]

gwc is probably correct, the trader, if he agrees to do a repair, will probably get an engine from a scrappy and replace your now duff engine.

 

If you do go the repair route, you must inisist that the engine is rebuilt and not replaced by a second hand one.

 

If he refuses to do a repair gwc, then he wont be able to claim in court that he could have done it cheaper.

 

It's also very important dosh that you conduct your complaint in writing and not on the phone or in person.

[gwc1000]

 

If he refuses to do a repair gwc, then he wont be able to claim in court that he could have done it cheaper.

 

I agree. The way I look at this is that the car doesn't sound outrageously expensive to start with. I should imagine that the dealer's margin was pretty skinny. If the OP insists on a repair, considering the model of car, you and I know full well that the car will never be right. I think a refund is the only way. However the OP I imagine will have to be prepared to take it all the way.

[Conniff]

It's a shame gwc that we can't have a listen and see if it is just the bottom end that requires a regrind and some new shells or if there is some piston slap/damage as well.

[dosh]

Hi all, my mechanic has just opened up the engine and told me that i need a new engine, he said all the components, pistons, camshaft etc are badly damaged. Obviously now i cant ask for a refund frommthe dealer because my mechanic has torn the engine apart. I will have to claim for the price of a new engine and labour and other compensation, where can i get a copy of the SOG letter that i need to send to him

[Conniff]

Any news on this dosh?

 

Were you able to claim for a 'new' engine? I very much doubt it as that would mean you were profiting.

[ArnoldHelper]

I think you have been dealt with quite unfairly by this dealer, I suggest you go and review him here such that others may benefit from your experiences: ** post edited, please read the FAQ's **

[Conniff]

Troll

[ArnoldHelper]

Troll

Or maybe, just maybe, someone pointing out something that MIGHT ACTUALLY HELP THE CONSUMERS?!?!? The audacity ...

 

Fact is as follows (based on Office of Fair Trading studies):

-700,000 used cars are sold annually in the UK with problems that should legally be corrected by the seller but in reality the buyer foots the bill in many cases.

-The consumer legislation relating to used car sales is vague and non-specific, leaving it up for interpretation not only for consumers and sellers but for the judicial system itself.

-The judicial system is slow, cumbersome and costly; to take someone to small claims court will take in excess of 6 months and cost in the region of £4-500 in fees.

 

As a result, the bargaining power is in the hands of dealers with low integrity - it is estimated that average Britons are cheated out of between 35 and 85 million pounds a year.

 

** post edited, please read the FAQ's **

[Conniff]

Fact is as follows (based on Office of Fair Trading studies):

-700,000 used cars are sold annually in the UK with problems that should legally be corrected by the seller

 

And most of them by Arnold Clark.

 

 

 

So not just a Troll - You're here to SPAM as well.

 

Why are you calling yourself "Arnold Helper"??

You have your court fees twisted. It costs in the reagion of £30-£50 for a small claims, fees which you get back when you win.

[heliosuk]

Agree with Conniff, why Arnold Helper??? If you are genuine then you have to admit it's an exceptionally bad choice of user name for use on this site. Idea is good though but if you have set it up yourself I sincerely hope you've covered yourself and the sit for libel which doesn't appear to be the case.

[ArnoldHelper]

And most of them by Arnold Clark.

Nonsense. That guy doesnt sell close to 700,000 cars a year - all with faults. Who is the troll now?

 

You have your court fees twisted. It costs in the reagion of £30-£50 for a small claims, fees which you get back when you win.

Filing fee: £100.00

Allocation fee: £35.00

Hearing fee: £300.00

It will cost you at least £435 to get to hearing stage, any expenses for photocopying, stamps, transportation etc. and in particular the hours and hours you personally spend preparing is not included.

AND despite all this you are not guaranteed to win - courts give you the law, not justice remember that.

[heliosuk]

Arnold, any chance you can answer the questions put by Conniff and myself as to the name you post under? Courtesy dictates you do so. Perhaps give us a description of the site and why. As posted before, your choice of user name is somewhat unfortunate.