Engine Failure - Any Advice?

d4zza

Hi folks,

I'm looking for advice on my situation or thoughts on what should happen.

I'll try to stick to relevant information only.

Basically I bought a car from a non-franchised, independant garage earlier this year. Within three months, the engine broke down whilst I was driving to work. I wasn't doing anything crazy or revving high, just standard everyday driving.

The engine suffered catastrophic failure with one of the pistons crumbling into pieces. The end result was that the engine would need replaced/repaired, but not just the engine, also the gearbox. The result would be a very expensive bill worth more than 50% of the car's purchase value.

The car being less than three years old, I was told by the independent dealer I bought it from to take it to a main dealership nearby as they should repair it under warranty.

Well, long story short, the manufacturer refuses to repair under warranty due to a technicality. I could post the details, but in reality they're not relevant. The salient points are that I didn't buy the car from them, the contract of sale is not with them and they won't be repairing the car under warranty.

Anyway, after arguing with the manufacturer, I contacted Citizens Advice, they actually told me to invoke the Sale of Goods Act and that due to the type of finance I took out, the finance company are equally liable.

The independent garage have told me to get a lawyer to fight the manufacturer, but Citizens Advice told me it's not a fight I should be taking on as there are other options.

To their credit, the Finance company have been pretty supportive with the way they've spoken to me and have told me they will be contacting the independent garage to see if a resolve can be worked out.

Now, at this point, I'm waiting on them getting back to me, but I'm just wondering if anyone else has been in a similar situation and how it played out. Or even hard facts of how the Sale of Goods Act works with the fact that the car failed within three months of purchase.

thanks

Retrogamer

Was this a Vauxhall by any chance?

The company who sold you the car should be liable for having the car repaired under the SOGA normally.

Does the car have any / full service history? What's the mileage on it in total?

mcpitman

What caused the engine failure?

What car is it?

Marktheshark

You would have to obtain an engineers report and estimate to repair and inform the dealer you paid in writing they have 14 days to offer a remedial plan.
With your preferred option been rejection of the vehicle
They can repair or refund.
Obtain a certificate of postage which is free and come back and tell us what they offer in return to the letter.


Something like :
Dear XXXXXX garage (trading entity on receipt) the vheicle purchased from you has suffered permanent engine failure, the engineers report has found (copy included) that the damage was not due to misuse but a manufacturing fault.
As the dealer you must rectify the situation under the sale of goods act.
My preferred option is rejection of the vehicle and a full refund.
I await your offer in relation to this claim.
I shall allow 14 days for a response and if no satisfactory offer is made I shall commence legal proceedings in the county court.
This letter shall serve as a Letter before Action.

I await your response within 14 days.

Any legal action taken shall not be limited by the value paid and provable consequential losses shall be calculated at time of claim .

Yours Signed this date xxxxxxxxxxx
xxxxxxxxxxxxxx
Served notice of letter before action deemed to be served 2 working days from certificate of postage (postmark) .

Only a rough idea, but might get his attention.

roonaldo

d4zza wrote: »

Well, long story short, the manufacturer refuses to repair under warranty due to a technicality

What is this technicality? Never been serviced by any chance?

iolanthe07

roonaldo wrote: »

What is this technicality? Never been serviced by any chance?

If the car hadn't been serviced in accordance with the manufaturer's specifications, then that would be grounds for nullifying the warranty. Otherwise, it is hard to see how they can wriggle out of it. Has it been used off road or exceeded a mileage stipulation, or been extensively modified?

Stoke

I'd like to know what type of engine fail. Sounds almost like a cambelt failure. If so, you've got a problem because it's usually the customers responsibility to keep tabs on the cambelt.

d4zza

Thanks folks, lot of good comments there.

I'll not be naming companies or manufacturers as I don't want to open myself up for liable. Obviously I wouldn't just come on here and just make stuff up, but I was given a bit of a warning from them after I posted, on a forum related to the particular model of car, a generic comment to someone suggesting I park my car on a flatbed outside their busiest dealership!!

I knew someone would ask what the technicality was.

The technicality was that an independent service invoice didn't detail part numbers used to clarify that parts used were genuine parts or of equal quality and that the service time intervals weren't as they should be. I'm a self-confessed muppet when it comes to buying cars, so I won't need it pointed out to me

But like I said, the salient point from them is that is wouldn't be repaired under warranty, which I've accepted, and have therefore moved onto the Citizens Advice advice of invoking the Sale of Goods Act.

Car is under three years old and has approx 16k on the clock.

MarkTheShark, I've sent a similar styled letter to both the dealership I bought it from and, as per Citizens Advice, to the finance company too.

Actual cause of engine failure is unknown and only speculative.

d4zza

Stoke wrote: »

I'd like to know what type of engine fail. Sounds almost like a cambelt failure. If so, you've got a problem because it's usually the customers responsibility to keep tabs on the cambelt.

There was several speculative guesses from various sources around the internet, cambelt might be one of them. I'll probably never find out, but one of the pistons crumbled into pieces cause something to pop out of place a puncture a whole in the side of the engine casing.

I will say that several other people on the internet made some suggestions and the most common suggestion by other people was conrod failure. I have no idea if that's possible or true as I am in no way an expert.

force_ten

Stoke wrote: »

I'd like to know what type of engine fail. Sounds almost like a cambelt failure. If so, you've got a problem because it's usually the customers responsibility to keep tabs on the cambelt.

just Google Volkswagen BXE engine to answer that question, timing chains are also an issue on the BMW N47 engine

force_ten

d4zza wrote: »

There was several speculative guesses from various sources around the internet, cambelt might be one of them. I'll probably never find out, but one of the pistons crumbled into pieces cause something to pop out of place a puncture a whole in the side of the engine casing.

I will say that several other people on the internet made some suggestions and the most common suggestion by other people was conrod failure. I have no idea if that's possible or true as I am in no way an expert.

That sounds like a volkswagen BXE motor suffering con-rod faliure