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Used car breakdown after 500 miles... rights?

Hi Guys, just joined so be nice!

I recently (19/11/13) purchased a used car with 113k on the clock for top end of retail value (it was in very good nick for year!) Anyway, this friday the car now refuses to start. I've had a look and it would appear the fuel pump has died. In the 5 weeks I've owned the car, I've only done around 5-6oo miles. The car was sold with a new MOT.

Legally, where do I stand? I've spoken to the delaer and he says that as the fuel pump is not covered under the warranty, he doesn't need to fix it. Am I covered under SOGA, and if so, what would my best course of action be?

Thanks in advance,

Neil
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Comments

  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Obviously depends on car & price paid but I'd have said that 5 weeks/500 miles is likely firmly in SoG territory.

    Assuming you are happy with the car generally then what I'd do in your position is try and get it in writing that he won't fix it then get someone else to fit a new pump and small claim the seller for the costs
  • Tilt
    Tilt Posts: 3,599 Forumite
    Hi Guys, just joined so be nice!

    I recently (19/11/13) purchased a used car with 113k on the clock for top end of retail value (it was in very good nick for year!) Anyway, this friday the car now refuses to start. I've had a look and it would appear the fuel pump has died. In the 5 weeks I've owned the car, I've only done around 5-6oo miles. The car was sold with a new MOT.

    Legally, where do I stand? I've spoken to the delaer and he says that as the fuel pump is not covered under the warranty, he doesn't need to fix it. Am I covered under SOGA, and if so, what would my best course of action be?

    Thanks in advance,

    Neil

    Outside of wear and tear items, nothing 'needs' to be covered under warranty for the first 6 months of purchase. Anything which goes wrong within that time, the seller has to prove that it was not an inherent fault.

    A warranty only adds to your statutory rights, it does not replace them.

    You should write formally to the seller reporting the problem (to back up your phone call) and request that under the Sales of Goods Act 1979 (as amended), he inspects and rectifies the problem within 7 working days from the date of your letter. Indicate that if he refuses or fails to respond within that time, you reserve the right to arrange repairs yourself and then send him the bill.

    Send the letter by recorded delivery and keep a copy.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Make. model, year, price and mileage would be handy as well as symptoms. (Did you ask it nicely to start and it refused, or do all the normal dashboard lights come on appropriately and it doesn't turn over, or c.) Remember it hasn't done 5-600 miles, there's another 113,000 miles before those.
  • Thanks for all the advice guys!

    Its a 2000 Merc C230K, with 113k (ish) on the clock, paid £1300 for it (new fuel pump is £100 parts alone). Car would kick on first turn over, maybe run for a second or two, then would simply turn over with no inclination of firing. With the ignition on, you can hear the pump priming but not shutting off as if limit pressure is not being reached. On cracking off the banjo on the rail, with the ignition on and pump running, there was absolutely no pressure in the rail. Unless the pipe from the tank to the pump is blocked, can't think it would be anything else? The fuel filter is after the pump, so would expect if the filter was blocked, it would still reach the limit pressure.....
  • motorguy
    motorguy Posts: 22,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for all the advice guys!

    Its a 2000 Merc C230K, with 113k (ish) on the clock, paid £1300 for it (new fuel pump is £100 parts alone). Car would kick on first turn over, maybe run for a second or two, then would simply turn over with no inclination of firing. With the ignition on, you can hear the pump priming but not shutting off as if limit pressure is not being reached. On cracking off the banjo on the rail, with the ignition on and pump running, there was absolutely no pressure in the rail. Unless the pipe from the tank to the pump is blocked, can't think it would be anything else? The fuel filter is after the pump, so would expect if the filter was blocked, it would still reach the limit pressure.....

    old car, high miles, relatively low value... could fall under "wear and tear" as its probably not unreasonable to expect that part to wear out at that age and miles.

    I would say though if you pushed it under the SOGA you would be in the right, but you might have to take it to court to find out....
  • smssms
    smssms Posts: 70 Forumite
    I would say a fuel pump giving up at 113K miles is not that unexpected, just comes with the territory - sorry.

    See if the seller will cut you a bit of a deal e.g. reduced hourly rate to fit the new pump.

    BTW, £100 for a fuel pump is not too bad, I've had quite a few cars where the pump (parts only) would have cost a lot more than your car did.
    Would you say that to a stranger's face in the street? No? Then why type it on a forum?
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    £1300 for the car, £100 for a pump I'd be tempted to DIY and forget about SoG
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Its a 2000 Merc C230K, with 113k (ish) on the clock, paid £1300 for it

    Another vote here for "Not a hope..."

    It's a 13yo car right at the bottom end of the price curve. An unpredictable component failure after a month? Nope, you're on your own.
  • ukmike
    ukmike Posts: 752 Forumite
    Part of the Furniture 500 Posts
    Try removing the petrol filler cap,& see if it runs,could be blocked.
  • bigjl
    bigjl Posts: 6,457 Forumite
    I would be inclined to make sure the fuel filter has been changed.

    In my experience with cheap bling vehicles like this is they are very often run on a shoestring and there is never more than £10 of petrol in the tank from one week to the next which increases the issues of condensation in the tank and also crud getting drawn into the fuel lines and filter

    Not sure if that vehicle has a gauze type filter in the tank. Years or gunk and crud could have greatly reduced its ability to suck in fuel.

    I would trouble shoot before fitting a new pump.

    I think you would need to go to court as far as SOGA goes.

    Mileage is pretty normal for that age of car. Possibly a little on the low side.

    And the price isn't exactly a fortune.

    If you baulk at a minor issue like thus perhaps it may be too expensive to run for you.

    Running costs bear more relation to the original cost when new. Not what it is worth a decade later.

    An expensive new car rarely breaks cheap ten or so years later.
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