Cambelt snapped within 7 days from purchase

kozlikha

lincroft1710 wrote: »

Cambelt 42K miles old isn't a recent replacement.

141K miles is high mileage for 8 yr old car.

Usually no indication cambelt is nearing the end of its life.

Full Service History is no guarantee of there not being any problems. At 8 yrs old/141K miles some cars will start having problems.

I don't think the dealer purposely sold you a vehicle not fit for purpose, it was just bad luck the cambelt failed. But I don't know what the practical solution will be.

This is a matter of opinion. Nowadays average is around 15k a year and regularly serviced diesel engines regularly go way above 200k miles. Cambelt wasn't advised to be changed soon after the sale, was within the recommended change period and clearly dealer didn't think so, as they didn't change it prior to the sale, so the car was deemed good for purpose.

AdrianC

kozlikha wrote: »

This is a matter of opinion. Nowadays average is around 15k a year

Umm, actually no.


https://www.theguardian.com/money/2019/jan/14/average-uk-car-mileage-falls-again-on-back-of-higher-petrol-prices
"Anonymised data on every MOT test in Britain, released by the Department for Transport, shows that cars travelled an average of 7,134 miles in 2017, down from 7,250 in 2016 and 7,334 miles the year before that. In 2007 the distance driven by each car tested at MOT in Britain was 7,712 miles."

And as for the age...
https://www.smmt.co.uk/industry-topics/sustainability/average-vehicle-age/
"The average age of a car at scrappage in 2015 reached 13.9 years, which is on a par with the 2014 performance. The lowest scrappage age, 13 years, was recorded in 2009, a result of government’s scrappage scheme. Furthermore, the average age of a vehicle on the road has increased, from 6.8 years in 2003 to 7.8 recorded in 2015."

So we're talking about a car that's older than the average on British roads, nearly 60% of the way through its life, and with a mileage that's closing on 2.5x the average for its age.

I can't find a figure for average mileage at scrapping, but simply multiplying average scrapping age by average annual mileage would suggest yours is over by around 40%.

kozlikha

AdrianC wrote: »

Umm, actually no.


https://www.theguardian.com/money/2019/jan/14/average-uk-car-mileage-falls-again-on-back-of-higher-petrol-prices
"Anonymised data on every MOT test in Britain, released by the Department for Transport, shows that cars travelled an average of 7,134 miles in 2017, down from 7,250 in 2016 and 7,334 miles the year before that. In 2007 the distance driven by each car tested at MOT in Britain was 7,712 miles."

And as for the age...
https://www.smmt.co.uk/industry-topics/sustainability/average-vehicle-age/
"The average age of a car at scrappage in 2015 reached 13.9 years, which is on a par with the 2014 performance. The lowest scrappage age, 13 years, was recorded in 2009, a result of government’s scrappage scheme. Furthermore, the average age of a vehicle on the road has increased, from 6.8 years in 2003 to 7.8 recorded in 2015."

So we're talking about a car that's older than the average on British roads, nearly 60% of the way through its life, and with a mileage that's closing on 2.5x the average for its age.

I can't find a figure for average mileage at scrapping, but simply multiplying average scrapping age by average annual mileage would suggest yours is over by around 40%.

Thanks. But as far as I'm concerned the vehicle was unfit for purpose, which wasn't getting it scrapped lol

AdrianC

"Scrapped" is simply a question of whether it's not economically viable to fix. It clearly is. The question is simply one of who pays.

BananaRepublic

AdrianC wrote: »

Yes. As has been said repeatedly above.


But what you haven't mentioned are the sticking points here...


That the dealer can show categorically that the fault wasn't present at the time of purchase... because it started/ran/drove just fine, which it wouldn't (and didn't) with a snapped cambelt.

And, perhaps even more pertinently, whether that's a reasonable fault to occur on an 8yo, 140k car with a documented cambelt change 3yrs/50k ago.

It even says as much in the link you've provided...


But if you don't believe us, here's the legislation itself...
http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The relevant bit here is section 9, subsection 2
http://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Yes I don’t doubt much of the above. However if the belt goes so soon that strongly suggests a fault was present at sale. That said my opinion is of little value as I have no relevant experience with real situations and I suspect the same is true for you. That is why the OP needs to for example post on Honest John where several ex dealers give advice, and HJ has a lot of knowledge in this area. Otherwise this is just pointless arguing.

BananaRepublic

kozlikha wrote: »

Yes. I acted on Which advice and sent them a letter via email advising of what has happened and that I seek a refund (consumer act 2015, faulty goods, not fit for purpose, etc.) giving the dealer 14 days to respond.

We run a small business and supply goods and services to general public, if we supply a faulty product or product develops a fault within 30 days, then we MUST issue a refund, like it or not, doesn't matter what our intentions were. I'm not accusing dealer of deceit, I just want a refund if that's what I have the right to.

Well done, whether or not this works, you’ve at least done that within 30 days giving you a firmer legal base.

I have fought several cases, once when two bodgers screwed my bathroom, once when a crooked shop sold me a bath they weren’t going to deliver for months which was no use. I won both times, albeit with a lot of time and energy expended.

EdGasketTheSecond

I think a judge would just say major engine failure within too weeks, therefore not fit for purpose. There is no need to go into anything further as its plainly obvious a full refund should be given. I would expect the same for any age, mileage and price of car sold by a dealer, even so-called 'sold as seen' cars. That's the law now, tough on the dealer but thats how it stands. Case closed.

kozlikha

UPDATE: Car being picked up by dealer's warranty company to inspect damage.

kozlikha

DUTR wrote: »

I'm not so sure, the vehicle does have service history, the belt was replaced (according to the opening post) 42K miles ago, that's some driving to cover that distance in a fortnight.
Much after warranty work is guaranteed for 12 months.

Belt was changed in 2016 at 99k, not 2 weeks ago.

DUTR

kozlikha wrote: »

Belt was changed in 2016 at 99k, not 2 weeks ago.

So the dealer didn't have the vehicle sitting on the forecourt for 2 years odd, is it reasonable for them to know when the belt is going to fail?