Used car problem (another)

Miel

Good evening,

I've read through previous threads and questions relating to similar issues but I was hoping somebody would be able to add a bit more clarity to my situation or come up with a solution that's eluded me. I've left some information intentionally vague as if the dealer that sold me the vehicle by any chance reads this forum, I'd prefer he didn't recognise the situation.

I recently purchased a 2001 vehicle with around 105000 miles on the clock for £1600. It was a 4x4 that was intended to be used as a general runaround until after I got a mortgage and could get something better and I purchased it knowing that it was unlikely to be perfect.

The vehicle was advertised as having had its water pump and timing belt replaced and the dealer told me this was due to a water leak. After purchase I had to replace three out of four tyres which were non roadworthy. The single tyre that was almost new and roadworthy turned out to have a puncture!

After around three weeks of intermittent driving I saw steam coming from under the bonnet, checked and found the water pump empty. It was refilled and then driven home. The pump was checked two days later (no driving between) and found to be empty again and refilled prior to a short but essential journey. The following morning it was empty again so was refilled and driven to the garage.

The descent warning light was on during the test drive and when questioned the dealer said it was down to the car being stored on a slope and it would go off within half an hour to forty minutes of driving. The light has remained on the entire time that I have had the vehicle.

In addition, there was a rattle coming from the engine which was only really audible from the drivers side initially and mostly at lower speeds. This also got progressively worse over the next three weeks.

The garage found the following:

1. Blown head gasket. The research I have done indicates that this may relate to the "water leak" that the dealer said he fixed, and may either be a symptom or a cause.

2. Alternator not actually attached to vehicle and remaining in place through habit which may have been the cause of the rattle.

3. Badly repaired accident damage to front end of vehicle.

When I phoned the dealer on two occasions to discuss the issues he claimed the head gasket was nothing to do with him and had been checked prior to sale (I find it very difficult to believe he checked the head gasket but didn't notice the alternator wasn't actually attached). He then said that I should have brought it back the next day and he would have fixed the alternator. I explained that I had been on holiday and that the vehicle had not been driven regularly in the three weeks since purchase. Apparently that was not his problem. He repeated the obviously very empty offer to sort the alternator and the descent light, whilst knowing that the car could not be driven the distance needed to get it back to him.

I have reported the matter to trading standards and sent the dealer a letter requesting a full refund on the basis that, even bearing in mind the mileage and price, the vehicle was not fit for purpose and was not of a satisfactory standard for sale. There were a number of inaccuracies in the initial advertisement which I also included in the letter. I gave him 14 days to respond and will then start small claims court action.

I have since discovered the following:

The dealership is a limited company with all shares belonging to his wife, there was a proposal to strike the company off earlier this year which has since been lifted.

The dealer himself has a previous county court judgement for a significant amount of money which remains unsatisfied.

The limited company has a county court action against it within the past nine months for five thousand pounds which also remains unsatisfied.

So my questions are:

1. Based on the faults is it likely that a small claims court would find in my favour? Can they basically order a refund?

2. Even if they did, will it just be throwing good money after bad because I'd never get the money out of him and he'd be able to weasel out of having goods seized. I can afford to pursue this to this stage and am sorely tempted to out of principle but would it be worth it? He wouldn't care and I would gain nothing.

3. Any bright ideas as to what I can do with the car?! It is not economically viable to repair but the loss of car + tax + tyres stings to put it mildly. I am managing without a vehicle at the moment but that won't last.

Apologies for the length of the post - I wanted to get the detail in that I've seen asked about in other similar posts.

Thank you very much to anyone that can offer any advice.

Ectophile

1. There's a fair chance that you would win some compensation, but you are at a disadvantage if you never gave the dealer an opportunity to fix the problems.

2. It sounds like a "phoenix" company. If the county court debts get too big, they will just wind it up, and start again with a new company and a new name. You might get a few pence in the pound back on any outstanding CCJ.

3. How bad is the damage? Using my crystal ball, I wonder if you've got a petrol Freelander? If so, then they are notorious for blowing head gaskets. If the engine isn't wrecked, then it can be fixed (for a while at least) with a good after-market gasket. A decent local garage may be able to get it roadworthy again for less than the price of a new car.

forgotmyname

+1 i also thought Freelander.

You could spend money taking them to court. And thats the way to go if you think they will actually payup. Sounds like there is a huge risk that they wont.

You should have stopped driving as soon as you noticed the water level being low. Driving with the low level could have caused other engine damage now.

Get it running well enough to park it outside his showroom or yard etc. And have notices in every window saying how you bought this dodgy vehicle from them.