Vehicle distance sale rule

Liam2594

After some advice, please.

Purchased a vehicle from a dealer on 30/03/2024, the vehicle was listed on Auto Trader and their website. Agreed a deal with my part exchange and to have the vehicle delivered all via email - deposit paid over the phone balance to be paid on delivery. The vehicle in question has a rattle coming from the timing chain on initial startup. I've sent a video to a garage which specialises in these engines to which they say certainly sounds like a timing chain issue and it will cost X to recitfy.

The dealer is saying I should expect to replace the timing chain on this vehicle around this mileage (2018 car with 72,000 miles) and for that reason he isn't liable and he can get it done at a discounted rate for me - That I obviously don't agree with. He also expects me to take it to his mechanic when he's ready and they will check it over - not an independant garage. The garage he uses could quite simply just say, fine no problem if he puts so much work their way.

He is also saying because I paid when the car arrived at my house this means it isn't classed as a distance sale. That I'm not sure of. I told him (13/04/2024) as he isn't willing to help and just expects me to pay to have it fixed I'd like to reject the car. He says I have no rights to do this as it isn't classed as a distance sale. I've never visited his premesis, saw the vehicle online and done everything via email.

He said if I take it to his mechanic (which is around 100 miles away) and they confirm it needs a timing chain he is willing to reverse the deal and give my part exchange back. I'm unable to get to his mechanic being such a distance away. The part exchange doesn't suit my needs, but I'm not overly fussed if I were to have it back as it was a nice vehicle and had no issues.

Anyone have any idea where I stand with this.

Thanks in advance.

born_again

Which car? What does the service schedule say about timing chain replacement?
Was it sold with service history?

If it's only noisy on start up it would just be that oil takes time to get to the area. Kia's are well known for this. But suffer no issues as a result.

Liam2594

It's a Land Rover Discovery Sport 2.0 diesel. Nowhere on Land Rover's service schedule does it state the timing chain should be replaced. Reading online I see this can be an issue with some vehicles with this engine, but of course not all and the internet often gives lots of horror stories.

The car was described as having full service history (21,000 mile intervals) although I only have been given records at 20,000 & 40,000 miles. I've booked it into Land Rover myself for the next service but this isn;t until May (earliest they could get it in).

The thing is I really like the car, but I don't want a potential £2,000 bill to replace it, nor do I deem that a reasonable expectation, or potentially a bigger cost if it goes completely.

the_lunatic_is_in_my_head

Hello OP

Effectively if exercising the short term right to reject for a refund burden of proof is upon yourself, you can have it inspected by anyone really (don't have to use the dealer's choice of garage), the more independent the better.

Regarding the timing chain, even if it was a replaceable part at a certain age/milage, I think you'd be entitled to unwind the contract under the Consumer Protection from Unfair Trading Regulations due it not being stated (assuming that is the case). 

They seem to be saying they'll reverse the deal if you show it's the timing chain, aside from advice on here or similar, best bet is have someone local to you have a look, put their opinion in writing, present that to the dealer and hope they agree to the refund. 

born_again

Land rover dealer will be £££ any local LR specialists that will be cheaper.

I would ask on a LR forum about the issue, as it maybe on that the advice let dealer unwind the deal. Given they are not the most reliable brand & cost a fortune to repair.

Liam2594

the_lunatic_is_in_my_head said:

Hello OP

Effectively if exercising the short term right to reject for a refund burden of proof is upon yourself, you can have it inspected by anyone really (don't have to use the dealer's choice of garage), the more independent the better.

Regarding the timing chain, even if it was a replaceable part at a certain age/milage, I think you'd be entitled to unwind the contract under the Consumer Protection from Unfair Trading Regulations due it not being stated (assuming that is the case). 

They seem to be saying they'll reverse the deal if you show it's the timing chain, aside from advice on here or similar, best bet is have someone local to you have a look, put their opinion in writing, present that to the dealer and hope they agree to the refund. 

I've asked him if he's happy for me to do so. I'm just mindful of incurring costs when he's basically saying that he won't pay for the chain to be replaced regardless. I've not been off with him at all, I've just asked for help, which two weeks into a car I wouldn't expect to have a chain rattling. He says I should expect that and just pay for it. I get I may have to stomach the cost of this, which I appreciate. This wasn't stated in his advert for the car which I still have a copy of.

I'd happily keep the car if it were replaced. It's a nice vehicle exactly how we wanted engine issue aside. I wouldn't mind so much if he'd offered any help, but to say it's fully on me after two weeks and less than 500 miles I don't particularly deem fair.

Tucosalamanca

You posted a very similar thread in 2021 - to have the same issues twice is quite remarkable!

Purchased a car with a fault — MoneySavingExpert Forum

Liam2594

Tucosalamanca said:

You posted a very similar thread in 2021 - to have the same issues twice is quite remarkable!

Purchased a car with a fault — MoneySavingExpert Forum

I did have this issue previously. To be honest the dealer on the previous vehicle actually covered the cost in the end and the car was fine and gave me plenty of trouble free miles. I've since avoided buying 2.0 diesel BMW's and now stumbled across practically the same issue with a completely different brand.

born_again

Oil level OK?

powerful_Rogue

Age, Mileage and Price of vehicle?

Ectophile

powerful_Rogue said:

Age, Mileage and Price of vehicle?

The OP has already given the first two bits of information.  The latter isn't really relevant to consumer rights.