Where do I stand? Faulty used car!

arcon5

Do you want to hand on that 1% though.

No a diesel engine should not fail at 40k miles! In fact, far far from it! But the point being made is, WHY it failed. An engine can fail at 40k miles if your oil sump leaks leaving no oil or your water pump fails leaving you with no coolant and an overheating engine or simply because you've had inexperienced hands playing with it. If could also fail because the engine is not fit for purpose and has blown a hole in it through no fault of your own. This is why you need to professional opinion.

The report needs to cover both what failed and why. And this report needs to come from a credible source.

Make sure this report does you justice!! Then have it repaired and seek to recover the costs.

wealdroam

OP, do you understand that this vehicle/engine may have been seriously abused by previous owner(s)?

The fact that it had a service at the time of purchase will not alter that.
Do you know whether it had a service at that time?
Do you know when the last service was?

The point I'm making is that the condition of the vehicle at the time of purchase as well as the price you paid are both things that need to be taken into account.

Now, of course I am not saying that you bought a banger... I have no way of knowing that.
Just reminding you of things you need to consider.

Toffee21

wealdroam wrote: »

OP, do you understand that this vehicle/engine may have been seriously abused by previous owner(s)?

The fact that it had a service at the time of purchase will not alter that.
Do you know whether it had a service at that time?
Do you know when the last service was?

The point I'm making is that the condition of the vehicle at the time of purchase as well as the price you paid are both things that need to be taken into account.

Now, of course I am not saying that you bought a banger... I have no way of knowing that.
Just reminding you of things you need to consider.

The car was advertised as having been serviced by the seller at the time of sale.

It may well have been heavily abused by previous owners but no damage or abuse was highlighted at the time of sale, quite the opposite, it was advertised as a reliable diesel car that will go for years and years. If it has been abused by previous owners, then that is still the seller's problem, not mine.

The seller is required to ensure the vehicle is of satisfactory quality and lasts a reasonable length of time commensurate with the price paid, regardless of how it has been treated by previous owners. That's why you pay a premium when you buy a vehicle from a business instead of saving money and buying the same vehicle in a private sale with no comeback whatsoever.

angel00079

I am not even going to pretend I know how SOGA and the courts work but using a report from the guy who might repair it sounds like a recipe for disaster. Surely there is a conflict of interests.

unholyangel

Toffee21 wrote: »

Legal advice for small claims cannot be refunded by the losing party, so it wouldn't be very MSE-like to speak to a solicitor.

Plus the Government argue that the small claims track is designed to be accessible to the lay man without recourse to legal advice, especially in light of recent legal aid cuts.

I intend on trying my best with the lay advice I get on here and I will come back to let you all know whether the Government are talking a crock of s**t or whether it is genuinely accessible to those with no money for a solicitor.

Do you have legal cover on an insurance policy?

And yes, SoGA states items must be satisfactory quality. But satisfactory is what the average person would find reasonable taking into account all the circumstances, not what you personally view as satisfactory quality.

So if the same make/model/year/mileage/condition car was sold £2000 more expensive than the one you bought, that average person may feel the car you received is of satisfactory quality.

No one is saying that you dont have a case. Just that its not clear cut and you should fully weigh all options before committing to a course of action.