Head gasket has blown on new (used) car after 6 weeks !

cw8825

What was the car?
age and mileage?
a new engine shouldn’t cost the value of the car. 

Have you already purchased a replacement car?

what evidence do you have to prove it was not user error?
You need to show the fault was there when you purchased it to be able to hold the dealer liable. 

born_again

ddthedog said:

It had 30 days warranty on the invoice but citizens advice said it was not fit for purpose for I have a valid claim. 

The car was making a strange noise at the end of my road, no warning lights , no overheating. I parked up and turned the engine off and on again and it then came up with an engine light (still no over heating) went in to call my partner to see what suggested. Came back 10 mins later  and it was now showing over heating on the dial.  I have photos of all these stages on the dash which are time and location stamped. So I didn’t drive the car while it was overheating. 

My question is can I claim back my expenses with my claim to the small claims court and what should I do about the car in the mean time?

The issue with that is coolant temp is what shows the engine temp. So if no coolant then actual engine casing can be well above running temp, due to no cooling.

What age & miles is the car given a £3K price?

MeteredOut

ddthedog said:

It had 30 days warranty on the invoice but citizens advice said it was not fit for purpose for I have a valid claim. 

The car was making a strange noise at the end of my road, no warning lights , no overheating. I parked up and turned the engine off and on again and it then came up with an engine light (still no over heating) went in to call my partner to see what suggested. Came back 10 mins later  and it was now showing over heating on the dial.  I have photos of all these stages on the dash which are time and location stamped. So I didn’t drive the car while it was overheating. 

My question is can I claim back my expenses with my claim to the small claims court and what should I do about the car in the mean time?

Should that be "...if it was not fit for purpose"? I can't see how CA could claim it was not.

You can try to claim anything you want in your small claims court - its up to the court to decide what is valid.

Alderbank

Just to clarify,
Did you buy the car, drive straight home and the car was making strange noises by the time you got to the end of your road, or were you driving the car without incident for 6 weeks until it suddenly made the strange noise?

...and how did you pay for it?

Ectophile

screech_78 said:

How old is the car and how many miles were on the clock when you bought it? 

Does it matter?  How does it affect the OP's legal rights under the Consumer Rights Act?

Ectophile

CliveOfIndia said:

ddthedog said:

I have all the evidence that this was not user error

What sort of evidence?

If you can prove that the head gasket was beginning to fail when you bought it, then you should be on solid ground.  Did you check the obvious things when you test drove it, like mayonnaise in the oil filler cap, white smoke from the exhaust, that kind of thing?

Yes of course you have more rights when buying from a garage than when buying privately, but it may be tricky to prove that it was an inherent fault when you bought it, or to identify what caused the gasket to fail after you bought it.

But it's within 6 months of the purchase.  It's up to dealer to show that fault was not present at the time of purchase.

HillStreetBlues

Duplicate thread
https://forums.moneysavingexpert.com/discussion/6543211/brough-a-used-car-from-a-dealership-and-the-head-gasket-has-gone-after-6-weeks/

powerful_Rogue

Ectophile said:

screech_78 said:

How old is the car and how many miles were on the clock when you bought it? 

Does it matter?  How does it affect the OP's legal rights under the Consumer Rights Act?

It does, as this is often brought up in regards to second hand cars.  Sure someone will be along to quote the actual legislation, but as a summary:

The law states 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 if it’s secondhand. An older car with more miles on the clock is not expected to be as good as a newer one with a lower mileage, although both should be roadworthy, reliable and of a quality consistent with their age and the price paid. https://www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your-car/n3307

Business Companion also gives an example:

A consumer buys a 10-year-old car from you for £3,500. You fully disclose all the known history of the car, including its having travelled 120,000 miles and had four previous owners. After four months, a fault develops with the clutch, which needs to be replaced. Industry experience shows that clutches on this model of car typically need replacing on average after eight years or 100,000 miles. This is likely to be deemed 'fair wear and tear' and so the car would not be unsatisfactory under the CRA.

https://www.businesscompanion.info/focus/car-traders-and-consumer-law/part-2-consumer-rights-act

jimjames

MeteredOut said:

ddthedog said:

It had 30 days warranty on the invoice but citizens advice said it was not fit for purpose for I have a valid claim. 

The car was making a strange noise at the end of my road, no warning lights , no overheating. I parked up and turned the engine off and on again and it then came up with an engine light (still no over heating) went in to call my partner to see what suggested. Came back 10 mins later  and it was now showing over heating on the dial.  I have photos of all these stages on the dash which are time and location stamped. So I didn’t drive the car while it was overheating. 

My question is can I claim back my expenses with my claim to the small claims court and what should I do about the car in the mean time?

Should that be "...if it was not fit for purpose"? I can't see how CA could claim it was not.

You can try to claim anything you want in your small claims court - its up to the court to decide what is valid.

It's also dependent on the other party still being there to defend the claim. If the company shuts down then you can have whatever decision against them but no way to enforce.

HillStreetBlues

Sorry if I've missed it  but OP what method of payment did you use?