Is the car dealer responsible ?

bombhead23

Thanks for all the comments, much appreciated. I don't regret buying the car as I already have a Grand Scenic so I know what they're like. When buying from a delaer, you pay a premium for the knowledge that the car has been checked over. In this case, it obviously wasn't. My biggest issue is not being told it has a second hand engine as if I knew that then I wouldn't have bought the car. A FSH would've helped in this case. Do I have a case against the CC company is the dealer won't play ball ?

mattyprice4004

bombhead23 wrote: »

Thanks for all the comments, much appreciated. I don't regret buying the car as I already have a Grand Scenic so I know what they're like. When buying from a delaer, you pay a premium for the knowledge that the car has been checked over. In this case, it obviously wasn't. My biggest issue is not being told it has a second hand engine as if I knew that then I wouldn't have bought the car. A FSH would've helped in this case. Do I have a case against the CC company is the dealer won't play ball ?

The faults, have been.
1. Water pump failure - You can't check for this.
2. Clutch sticking - Again, can happen at any time.
3. Electrical fault - You can't predict electrical faults happening.
4. Yet another electrical fault - And again, you can't predict this.

Also, I don't see what the problem with a replacement engine is. It doesn't affect the car, if the car runs and drives OK it's fine in my eyes.

If you bought a washing machine that'd had a replacement motor, would you want to know?

It's a storm in a teacup really.

harveybobbles

I'm confused - who has paid for the repairs along the way..?

buscape

bombhead23 wrote: »

.....My biggest issue is not being told it has a second hand engine as if I knew that then I wouldn't have bought the car.

Why wouldn't you have bought the car if you knew it had a second hand engine?

fivetide

buscape wrote: »

Why wouldn't you have bought the car if you knew it had a second hand engine?

Well... for me no FSH but car in decent condition and orginal engine not too bad, get it serviced jobs a good one and you check back on the MOTs to make sure the mileage stacks up

Replacement undeclared engine with no reciept? Walk away. Who knows if it has been properly reconditioned or come from a taxi with moon miles on it?

Also, could provide a delay with any isurance claim if the engine number doesn't match what is on the records for the chassis number. Motor might even be from a stolen car. With no provenence I'd be asking questions too.

5t.

Notmyrealname

bombhead23 wrote: »

I've only recently bought a second hand car from a dealer and paid for it with my credit card. There have been numerous problems with the car which have been fixed. My local garage have inspected the car and told me that the engine's from a scrap yard and not the original engine. This wasn't mentioned on the advert so obviously I didnt ask the question. Is there any way I can take the car back and claim for a refund ?

Darren

No. The fact it is not the original engine doesn't matter. All that matters is it works. It may even have lower mileage than the original and be in better condition which obviously it was because the original engine is no longer in the car.

Notmyrealname

Tilt wrote: »

I believe a small thing like it has a different engine should of been disclosed to you so I would say yes.

You believe wrong.

Notmyrealname

bombhead23 wrote: »

My biggest issue is not being told it has a second hand engine as if I knew that then I wouldn't have bought the car.

Eh? You were already buying a car with a second hand engine in. Unless it came brand new from the dealer, it was second hand along with every other part in the car. The only difference in this case is the second hand engine wasn't originally in the car when it left the production line and was in better condition than the one it replaced.

A FSH would've helped in this case.

Really, it wouldn't. A FSH is merely an indication that a car has been looked after. It is not a guarantee of its mechanical condition as there is no automatic repair of problems that are flagged during a service. Many people for example think that a cambelt is automatically done as part of the service where it is due, likewise brake fluid changes. They're not and are separate items which the owner can choose to have or not have done. Therefore if the cambelt is due at 100k and there's a 100k stamp in the book, don't assume the cambelt has been changed without additional proof.

forgotmyname

A FSH is only worth something if its more than an oil change to get the stamp in the book.

Or if you actually have receipts to show parts have been repaired as and when they are required.

Not left until it fails the MOT or falls off.

Joe_Horner

You might have a case, particularly if the DVLA records haven't been updated to reflect the change.

In terms of SOGA you're probably on a sticky wicket because, as others have said, a replacement is (sort of by definition) going to be better than the one that was there.

But, particularly if the engine number doesn't match the docs (which the dealer should reasonably be aware of), failing to mention it is very likely a misleading omission under the Consumer Protection from Unfair Trading Regulations 2008.

Factually, it's undoubtedly relevent information which he's omitted to tell you (and which he should have been aware of), so the question would turn on whether the "average consumer" would have been likely to make a different decision knowing about the change.

I'd argue that they would, especially if there was no paperwork to show how, when and why it was done.