Am I entitled to compensation? - Car dismantler trauma

avextracker

For the last few months I have been having the worst trading experience of my life with a car dismantler.

Initially I ordered an engine for my car (as it needed replacing) to get delivered to the garage working on my car. After many hours labour fitting the engine, it turns out that the engine was faulty and wasn't road worthy.
The car dismantler agreed to send a replacement, however, when this arrived the garage turned the engine over manually before fitting only to find a pile of rusty (bright orange) water came out of it. Again, not road-worthy even though the car dismantlers claim this is because the engine was jet-washed before sending. Even if this was the case, 1) they shouldn't be washing an engine like that, 2) what are they washing it with to make it bright orange!?

Anyway, to my point.
They arranged collection of these 2 engines 2 weeks ago. To date I still haven't had my refund however, I spoke to someone about 30 minutes ago who said a cheque will be in the post today.

Now my question is, it cost £500 labour to fit the first engine to the car to find out it was faulty. Should this refund cheque for the engine show up over the next few days, what would be my chances on claiming this £500 via small claims court?

Any advice would be appreciated.

Thanks.

steveo3002

very little chance id say

their warrenty usualy states something along the lines of doesnt cover fitting

Tozer

Fitting done by another organisation? It is effectively a consequential loss so the dismantler's liability will depend on whether it was in the dismantler's contemplation that you would suffer this sort of loss.

pinkshoes

Did the car dismantler offer to fit the engine themselves? If no, and you had to get it done independently, then it may be worth trying to pursue them for the cost of the labour to fit the first faulty engine. Check the description of it - does it state on the paper work that it was in full working order?

avextracker

A little bit more background. I found the dismantler through a car parts search engine on the Internet called 1stchoice.co.uk

My car had been towed to the garage that normally deals with my car (I know them personally). They had said they don't search for engines themselves so it would be up to me. So I found these guys on 1stchoice and ordered it to be delivered to the garage.

Unfortunately, I never received any paperwork at all - I never even saw the engine. All correspondance was done over the telephone. I assumed they would be a legit decent company, as for them to be a member of 1stchoice they need to be approved by them. However, they guy did say that it had been tested as working fine and would be taken out of the car it was in, and sent to me without delay.

OK, the engine was fitted, and it did turn over, however, the garage (who obviously want to fix my car to a high standard) said it sounded VERY bad and wouldn't last many miles if I were to drive it off.

Clearly the dismantler knows nothing of the mechanics of a car and just sells the parts as they are.

I was thinking of sending a letter to them asking for compensation for this, allowing 14 days or so for responce, then if no reply is received, sending another letter saying that if no reply is received within another 14 days, then I will take them to a small claims court. Is that the way to go?
I suppose I have nothing to lose??

pinkshoes

avextracker wrote: »

Unfortunately, I never received any paperwork at all - I never even saw the engine. All correspondance was done over the telephone. I assumed they would be a legit decent company, as for them to be a member of 1stchoice they need to be approved by them. However, they guy did say that it had been tested as working fine and would be taken out of the car it was in, and sent to me without delay.

OK, the engine was fitted, and it did turn over, however, the garage (who obviously want to fix my car to a high standard) said it sounded VERY bad and wouldn't last many miles if I were to drive it off.

Clearly the dismantler knows nothing of the mechanics of a car and just sells the parts as they are.

I was thinking of sending a letter to them asking for compensation for this, allowing 14 days or so for responce, then if no reply is received, sending another letter saying that if no reply is received within another 14 days, then I will take them to a small claims court. Is that the way to go?
I suppose I have nothing to lose??

The problem here is that you have no evidence of what you ordered vs what you got. Do you have any evidence of emails sent to them requesting an engine in excellent working order? Any paper work the garage received?

You wanted an engine, they sent you one that worked. Albeit a cr*p one, but it did work, so it might be hard to prove that isn't what you paid for.

When you sent it back, was there any paperwork? The garage obviously accept it was faulty as they accepted it back and gave you a refund for it, so maybe this is enough evidence to show they are admitting being at fault??

uktim29

avextracker wrote: »

Clearly the dismantler knows nothing of the mechanics of a car and just sells the parts as they are.

Just out of interest is a dismantler more or less the same as a scrap yard? Why would cars otherwise be dismantled if they weren't scrap?

If thats the case then it will be pot luck on the quality of anything you get from them.

sarahg1969

uktim29 wrote: »

Just out of interest is a dismantler more or less the same as a scrap yard? Why would cars otherwise be dismantled if they weren't scrap?

If thats the case then it will be pot luck on the quality of anything you get from them.

You could have a fairly new car that had been involved in an accident and been declared a Cat B total loss. It would be broken up, but that wouldn't necessarily mean the engine was knackered.

But yes, you take that risk if you buy from a dismantler.

I think you may have a claim against them - certainly worth looking into - contract matters (any disclaimers, etc) aside. However, with no paperwork whatsoever, you're not on to a good start.

afrancis

ive had sum trauma with breakers, i went through BREAKERYARD.COM for a part, got a call from DEWSBURY AUTO SALVAGE LTD saying 130.00 incl delivery, paid by card over phone then soon after numerous amounts was frauded out of my account, i read on another thread that this happened to another guy who used BREAKERYARD.COM, DEWSBURY AUTO SALVAGE LTD never did send my part to me, nor been able to get the 130.00 refunded back to me even after numerous calls to ZED who doesnt have a last name apparently?? is he even called ZED lol and how many people have to be defrauded and non-refunded by DEWSBURY through BREAKERYARD.COM before anything is done? ive passed these two company names onto fraud investigators at my bank and claimed the money sent to DEWSBURY AUTO SALVGE LTD as a fraud, after constant lies about getting my part or my refund, BREAKERYARD.COM are guilty by association and love to tell you how they can do nothing for you and its nothing to do with them, but it is and had them on the phone to me crying about sum review i gave which wasnt even me and were more concerened about their bad review that they asked if i could take their name off it, didnt really care about my account being subjected to fraud activity after giving DEWSBURY AUTO SALVAGE LTD my card details and not getting a part or a refund in over a month, yeah stay well clear from BREAKERYARD.COM and especially zebady zed and rip YOU off Dewsbury auto salvage ltd, ive waited patiently for a moth for my money it takes 3 days not 3 weeks and how can u loose a tracked item all very fishy especially with my account having been subjected to fraud , WARNING BEWARE OF THESE COMPANYS !!!

markelock

I had the same problem. It's obviously an area where con artists can operate freely.
You should contact trading standards, but don't hold much hope of getting your money back for the fitting, even if you get a ruling, who's to say the company won't go bust, and set up again afresh the next day?

Brooker_Dave

avextracker wrote: »

when this arrived the garage turned the engine over manually before fitting only to find a pile of rusty (bright orange) water came out of it. Again, not road-worthy even though the car dismantlers claim this is because the engine was jet-washed before sending. Even if this was the case, 1) they shouldn't be washing an engine like that, 2) what are they washing it with to make it bright orange!?

Antifreeze can be bright orange.

If they didn't clean them prior to despatch customers would whine that they're dirty.

You know how some customers are hard work...

avextracker wrote: »

Now my question is, it cost £500 labour to fit the first engine to the car to find out it was faulty. Should this refund cheque for the engine show up over the next few days, what would be my chances on claiming this £500 via small claims court?

You have no hope at all.