New Engine after 8 months

SCJCRID

Hello all, in a bit of a pickle, i bought a second hand car that is only 6 years old and had 55,000 miles on the clock. last week if wouldn't turn over and turns out the timing chain was loose and the cylinders have extreme damage. looks like a new engine says the garage but i only bought this car 8 months ago. went to the dealer who has basically told me its not their problem. but under consumer rights I have legal rights up to 6 years from the time of purchase advising that a vehicle must be of satisfactory quality, fit for purpose and as described. To be of satisfactory quality, a car must not be faulty or broken when purchased, and it must be of a standard that a reasonable person would expect, taking into account its age and mileage. My rights have therefore been breached because the car sold to me is faulty and does not match the description, neither is it fit for purpose based on the age and mileage of this vehicle. Again the dealer has told me it's not their problem. Is my only option to take them to small claims court because the new engine will cost me more than the £9,0000 i paid for the car. 

Mildly_Miffed

It's not a new engine after eight months.
It's a new engine after nearly seven years.

Seven years of wear on the timing chain, which would almost certainly have been rattling loudly for a while before it jumped teeth.

As you say, the test for used goods is reasonable expectations of satisfactory quality for used goods of that age, apparent condition, and previous use.

The onus for the first six months is on the vendor to prove that the fault wasn't present at the time of sale. After six months, that changes, and the onus is on you to prove that the fault WAS present at the time of sale. Clearly, the timing chain had not failed at the time of sale, but was there advanced wear at that time? Impossible to prove eight months and an unspecified amount of miles later.

A brand new engine might cost more than a 7yo car is worth, but there's also a significant amount of betterment in there. How much would a used engine cost to be fitted?

cw8825

so you brought a 6 year old car and expect the dealer to cover it for 6 years!!

it seems like unfortunate timing but it is unlucky

It had been running fine for 8 months of your ownership but also the 6 years prior

Can you prove the fault was already there when you purchased the car?

LightFlare

Did it have the belt/chain changed at the recommended service interval ?

Arunmor

Have they had the head off the engine to look at it?

born_again

SCJCRID said:

Hello all, in a bit of a pickle, i bought a second hand car that is only 6 years old and had 55,000 miles on the clock. last week if wouldn't turn over and turns out the timing chain was loose and the cylinders have extreme damage. looks like a new engine says the garage but i only bought this car 8 months ago. went to the dealer who has basically told me its not their problem. but under consumer rights I have legal rights up to 6 years from the time of purchase advising that a vehicle must be of satisfactory quality, fit for purpose and as described. To be of satisfactory quality, a car must not be faulty or broken when purchased, and it must be of a standard that a reasonable person would expect, taking into account its age and mileage. My rights have therefore been breached because the car sold to me is faulty and does not match the description, neither is it fit for purpose based on the age and mileage of this vehicle. Again the dealer has told me it's not their problem. Is my only option to take them to small claims court because the new engine will cost me more than the £9,0000 i paid for the car. 

So you have had it 8 months. How many miles have you done & has it been serviced.

If it had been like that from when you bought the car it would have happened a lot earlier.

You are also manterrupting the consumer rights. After 6 months you have to prove the fault was there on purchase.

Just be aware taking them to court may not get anything. They can simply close down & leave you with nothing but a bill for going to court.
So suggest check them out on companies house to see if they have a history (directors) for doing this.

A new engine will not cost £9K, you buy a reconditioned one.

jimjames

SCJCRID said:

 Is my only option to take them to small claims court because the new engine will cost me more than the £9,0000 i paid for the car. 

Why is the engine costing £9000? On a 6 year old car you don't need a new engine, a second hand one would be fine and vastly less expensive. Needed one for my Golf and it cost £750 and then the cost to fit.

peter12345678910

If you do buy a second hand engine. I hate to say something very obvious. You should know the history of the engine... sometimes the last chain change is written on the engine. As you do not want the same thing to happen again. 

Out of curiosity was it a 1.2 engine. Cold starts can lower the life of the cam chain. But there are other factors.

Though sometimes a cam chain can be badly replaced or a low quality tensioner and cam kit used?

DjangoUnchained

Most used or reconditioned engines can be bought and fitted for under £2000 likely £1500, obviously not new from a main dealer.