Need advice on who to sue regarding car with damaged engine

m0bov

Hi all, I need to take court action relating to my car, I purchased new 5 years ago. The engine is currently being replaced and, although I have good will, I am faced with a 4 figure bill.

Who do I sue, the garage I purchased it from or the finance company? Its all paid off, it was a 2 year 0% term. I used my Mastercard for the deposit. over £100.

Thanks.

P.S What is the legislation I am using?

sinizterguy

No one, Neither and None.

Collabora

Why is the engine being replaced?

It could be you forgot to top up the oil, you used the wrong fuel so engine seized. In these cases no one as it would be user error.

so until you can give more information then no one can answer you

maninthestreet

How many miles has the car covered?

bris

After 5 years why do you think you can sue anyone?


Have you proved anyone else is to blame? have you gave the person who you want to sue the chance to rectify the problem? There are stages you need to go through before you can sue anyone.

Money-Saving-King

You've had it 5 years and their could be umpteen causes for this. Why do you think you can immediately sue someone?

Collabora

bris wrote: »

After 5 years why do you think you can sue anyone?


Have you proved anyone else is to blame? have you gave the person who you want to sue the chance to rectify the problem? There are stages you need to go through before you can sue anyone.

all that's immaterial as we have no idea why the engine is being replaced because the OP has opted to not tell anyone this.

JJ_Egan

(((What is the legislation I am using?))

Sale of Goods Act .

But its up to you to prove after 5 years and xx miles the engine was not fit for purpose and you have not caused the damage .
You say you have been given a goodwill towards the cost .
Really at five years old that's all you can expect .

photome

If its a Kia with a 7 year warranty and you havent done anything to cause the problem then Kia should be paying.

Of course you havent mentioned the type of car or why it needs a new engine so its a stab in the dark

Collabora

it also depends

Home many miles have you done
how is your style of driving
what have you been using the car for
have you been pulling caravan/trailers, a roof rack with heavy load

I had a ford transit from new after 4 years the engine siezed, but this was down to the fact i have a heavy steel stall inside with stock and most weekends i was in and out of fields. lucky the guys at my garage gave me a deal on a refurb engine as the van had all services done by them.

I never thought about suing anyone over this

Spicy_McHaggis

Collabora wrote: »

it also depends

Home many miles have you done
how is your style of driving
what have you been using the car for
have you been pulling caravan/trailers, a roof rack with heavy load

I had a ford transit from new after 4 years the engine siezed, but this was down to the fact i have a heavy steel stall inside with stock and most weekends i was in and out of fields. lucky the guys at my garage gave me a deal on a refurb engine as the van had all services done by them.

I never thought about suing anyone over this

That shouldn't have made any difference to the life of the engine. It's should be designed to operate within the manufactures plated weight.