Where do I stand? Faulty used car!

Toffee21

I brought a used diesel car from a well-known car supermarket for £10,000. I decided not to pay the extra to extend their 3 month warranty to 3 years.

The car was in excellent condition, a well known make & model, only 1 previous owner, and it was only 3 years old with just 35k miles on the clock.

Less than 12 months after purchasing the car, the engine has seized up whilst driving despite being maintained well and the oil level showing as optimum. I have only driven 5,000 miles since purchase...it isn't even due an MOT or service yet. The mechanic said that something or other had gone within the engine causing it to seize and that it now needs replacing.

Suitable 'second hand' engines for this vehicle are £1500-2000 online, plus the labour cost of removing the old one and installing the new one.

I've spoke to the car supermarket I purchased the car from and they couldn't care less. As soon as they realised it was over 3 months since the date of purchase and I hadn't taken out the 3 year warranty, they didn't want to know. It was just a case of "Sorry, bad luck!".

I am aware that even though the car is used, because I brought it from a business, I am covered under the SOGA and the vehicle should be 'of satisfactory quality'

It is reasonable to expect a £10k used car with only 35k miles to suffer a total engine seizure/failure within 12 months and only 5k miles?

Any advice would be appreciated. I'm sorely tempted to follow this through in the County Court.

Toffee21.

tinkerbell28

No I don't think it's reasonable. At the end of the day, it's all down to probabilities. Would a court say it is or isn't.

As long as you can prove the fault isn't a "user" fault and is a mechanical failure. I'd say that due to the sums involved you'd have a good case.

For 10k I'd first be using the protection under the consumer credit act. If it was paid that way. If not I would take it to court. If it were me, having been in a similar position once.

vaio

12 months in you are going to have to prove (balance of probabilities) that the fault existed when you bought.

Is this a common problem with this make/model?

Agricolae

What is this "something or other" which has broken?

How many miles have you driven since purchase?

arcon5

It most certainly is reasonable and most certainly worth pursuing.

Your first step is to have it independly inspected and have them produce a report stating the fair, likely cause and confirming whether in their professional opinion you have caused the damage or not.
Then if it transpires you have not mis-used it, send a copy to the car supermarket demanding they offer a remedy under the sales of goods act.

They will play hard ball, but a few strongly worded letters making it clear their warranty is irrelevant and you will not go away quietly and if necessary will take this to court may away their decision. Otherwise you may have to pursue them further. (Usually by giving them notice you will have a third party do the work then issue a county court claim)

pinkshoes

Why did you buy a diesel if you've only done 5k miles in a year??

You're going to have to get an independent mechanic to write a report to prove that the car had a fault, and this wasn't down to driver error.

You then need to use this report to make them pay for it to be repaired, or perhaps a refund less 1 years use.

mattyprice4004

So you come on asking if they can refuse to repair, but only give the fault as 'something or other is broken'?

Does anyone actually think before they write anymore?

A bit more detail would be useful!

Toffee21

I believe it was a piston fault that precipitated the engine failing but it is going to be independently examined later next week. It has only done 5k in the 11 months since purchase. We expected to be doing 15k a year in commuting and visiting family, but both work and family is now closer to home.

I have sent a Letter Before Action to the branch and will be pursuing this through the courts if they do not offer a satisfactory remedy.

I do not know whether this is a common fault with the vehicle, is there a website where common recognised faults are listed?

I would appreciate help with drafting the online MoneyClaim forms if they do not agree to sort this out.

Agricolae

Hmm, that narrows it down but it still could be a lot of things.

I think you're going to have to wait for the report. Hopefully (for your chances of winning a court case) it will conclude the part was faulty before you bought it.

Also, don't buy a reconditioned engine. If you must replace a car engine, it should be remanufactured, which is different.

Toffee21

I've had absolutely no reply to my letter before action asking them to repair or replace the faulty engine, so I intend on taking this matter to court.

I am really stuck as to where I go from here. I understand that I need to fill in an N1 claim form (or do it online) but I am unsure as to how I should word the particulars of claim, how much I should claim for, what I need to include and whether I need to wait until I've fixed the car at my expense before I file it with the court (I had left it be for now in case the company responded to the LBA and offered a repair).

Any help from forum members with the court claim would be greatly appreciated!

Toffee21

Can I now go ahead and instruct a mechanic to repair the engine or source an alternative (depending on what appears more cost effective), as the time frame I gave them in my LBA to arrange an inspection or repair has now ran out (letter sent recorded delivery)?

Or do I need to cause myself further inconvenience and leave the car sat idle in case the other party insists on a court appointed independent expert witness to examine it?