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Advice please

daisy1981
daisy1981 Posts: 83 Forumite
My husband bought a second hand van from a dealer with no warranty as the van was up for £2500 but because my husband made an offer £2200 they agreed to this with no warranty. We did try to get the warranty unfortunately they would not commit because we knocked them down off the asking price. The next day he heard a knocking noise in the van so as we did not have any warranty my husband booked the van in to be checked into a local garage.

After looking over the van they said it was the injector £230 and mechanically it posed no problem they advised my husband it would be fine to drive for a couple of months at least before it would need fixing.

My husband tried to book the van in to have the work done as the knocking had got worse. After driving home from work on the M25 the rods went through the front of the engine and spilled oil everywhere and conked out in the third lane at 60mph

So my husband called the rac who took the van back to the garage that advised my husband to wait for the work. Now we are told its going yo cost him £1700 to fix £1000 is for labour.
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Comments

  • Ultrasonic
    Ultrasonic Posts: 4,235 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Others have more experience of this than me and will give you more detail shortly, but to put your mind at ease I'll say this is a problem for the garage that sold the van, not you. The fact that there was no warranty is irrelevant, you are protected by the sale of goods act. Assuming you bought the car as recently as I think based on your post, within the last couple of months, right?
  • daisy1981
    daisy1981 Posts: 83 Forumite
    Yes we bought the second hand van on the 24th June. We paid for the van on a credit card.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Good you paid on credit card!

    Bad you didnt take it back sooner. They can argue that they would have fixed it for you, at the original fault, but it has got worse because you did not address it.

    Best solution, take it back to the garage with the keys etc. and return it, as 'not fit for purpose'.

    if they argue call your credit card provider and get them to refund the money. They are equally liable for the product, under credit act.
  • daisy1981
    daisy1981 Posts: 83 Forumite
    My husband took it to our local garage the week he bought the van. They said it was not a matter of urgency to be fixed. They mis diagnosed the fault. Now the van is sitting outside our local garage with a bill to be paid of £1700 to be fixed. We can't drive the van and the place we bought it from is about 30 miles away
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Yes but the original dealer will argue, they should have been given the opportunity to inspect it. Which really they should've been.

    In which case you need to phone them, follow up with a letter, saying they must collect the van from x, and refund the money within 14 days.

    (i presume you no longer want the van, fixed or otherwise?)
  • Ultrasonic
    Ultrasonic Posts: 4,235 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    daisy1981 wrote: »
    My husband took it to our local garage the week he bought the van. They said it was not a matter of urgency to be fixed. They mis diagnosed the fault. Now the van is sitting outside our local garage with a bill to be paid of £1700 to be fixed. We can't drive the van and the place we bought it from is about 30 miles away

    Don't whatever you do let this 'other garage' make any attempt to fix the van. What have they done so far? The van really shouldn't have gone anywhere other than the garage where it was purchased from. I would hope you will still be OK, but this complicates things I'm afraid.
  • daisy1981
    daisy1981 Posts: 83 Forumite
    Yes we would like our money back but I don't know if it will be as simple as that. The reason my husband took it to our local garage was because on the contract with the dealer in the small print it says sold as seen. We did not think the dealer would fix the problem because of this. Also in the contract it says, if we had taken the warranty it would only cover up to £300.

    I went to our local garage to find out what the problem was and if it should of passed an MOT. I was told there should not be any problem with it. It would just need anew injector. After getting a second opinion from a different mechanic I've found out they have mis diagnosed the problem because the injector does not cause the rods to smash through the front of the engine.

    We paid for the van on a credit card but we have paid off the credit card so could we go down this route or do we call the dealer tomorrow to see what they say.

    The RAC said something to my husband about if its not fit for purpose within 60 days we should entitled to our money back.

    The van is my husbands work van and its going to cost him money Ashe will now have to hire a van for work if we can't get this resolved ASAP

    Thank you for your advice anymore advise would be very appreciated as we have never had to deal with something like this before
  • daisy1981
    daisy1981 Posts: 83 Forumite
    Our local garage just looked over the van to find the fault which did take them quite some time. They came back with the injector needed replacing but he could wait for the work as it was nota matter of urgency. My husband wanted this fixed but they assured him it was not urgent. But my husband tried to book this in and on the way home from work the tapping got really bad it resulted in the engine cutting out on the M25. The garage has not done any work on this. The van is now sitting outside the garage as they want my husband to pay£1700 for a refurbished engine and £1000 of this is just for labour.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    The ticking noise sounds like it was likely a spun or damaged small end bearing. These can sound like injector knock on a diesel. They're usually a lot louder, but since injectors needing refurbed is a lot more common than spun small end bearings i wouldn't hold it against the garage too much unless they charged you to diagnose the fault.

    What was the mileage on the van?
    All your base are belong to us.
  • daisy1981
    daisy1981 Posts: 83 Forumite
    They charged my husband £22.50 to tell him what the fault was. Mileage was 143000.
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