Consumer rights on car

Mistymo01

Hi I was wondering if anyone could help me, I brought a car in 12/2024 and I asked if this car had a wet belt, I didn’t want to purchase a car with a wet belt, the dealership man said no this car has no wet bet, I have had a few issues with the car, where they have had to send parts out to me and I have paid to get some bits done only minor issues, but recently my car broke down which I had to pay recovery for, the garage have started this car has a wet belt in the oil pump that I was unaware off, and now need a new engine due to the damage, I was also unaware that this car has not had a service which I was told by the sales man that this car has had a service and an oil change. I have wrote the company stating about my consumer rights and that I believe they should fix my car for free, I paid £10,000 for this car, has anyone ever won on small claims? 

born_again

So what car, age, mileage at purchase & now.
Been serviced as required since purchase?

As you have had it more than 6 months, you need a independent report on the issue.

Mistymo01

Astra, 21 plate, miles 53000 just over and now on 60000. 

MyRealNameToo

As you have had the car for over 6 months its up to you to prove the issue, either its not as described or that it was faulty/insufficiently durable depending which angle you are going on but sounds like the second given they won't be able to "fix it" and make it not have a wet timing belt. 

Have you had a quote for repairing it? If you are thinking its potentially a total loss then the risk is that it doesnt go into Small Track (aka small claims) but into Fast Track given the boundary is £10k and you'll inevitably claiming costs and interest. Whilst you can lower the claim to try and get it into Small Track it's the judges decision at Directions as to which track it goes into. Fast track isnt much different to Small Track but does mean if they defend the claim you would be liable for their fixed legal costs. 

Mistymo01

I haven’t had it serviced as hadn’t had it a year as was told it had been serviced by them when I had bought it. 

Mistymo01

Yes I have been quoted £6000 for new engine without labour, but I clearly asked them if it has a wet belt they said no, and said this car had a service and oil change they lied to me surly that counts as something, surly I have been mis-sold a car. Surly it’s up to them to fix my car with no costs to me. 

Aylesbury_Duck

Mistymo01 said:

Yes I have been quoted £6000 for new engine without labour, but I clearly asked them if it has a wet belt they said no, and said this car had a service and oil change they lied to me surly that counts as something, surly I have been mis-sold a car. Surly it’s up to them to fix my car with no costs to me. 

What evidence do you have of these two things?  How do you know it wasn't serviced?

Do you have a copy of the advert?  Anything on the sales documentation to say it was serviced?

If all you have is a verbal account then it could be difficult.  As above, I think you need to get a report from someone that hopefully shows it wasn't serviced last December.  Simply demanding the seller repairs the car for nothing isn't likely to achieve anything.

born_again

Mistymo01 said:

Astra, 21 plate, miles 53000 just over and now on 60000. 

Which engine?
Petrol, Diesel?

When you say new engine, is that a band new one or reconditioned? As £6K sounds like a new one, & not one that has done 60K.
Ebay has loads for under £2K

Mistymo01

I have been emailing them and they have turned round and said that I never asked for them to service it, as I had no paper work from them, but they say on their website that they service and maintain their cars before being sold. No unfortunately I don’t have the advert, but I’m sure they call pull it up from the archive, if it was serviced there would of been some indication that the wet belt in the oil sump would of been showing signs of aging when they change the oil. 

daveyjp

A service and oil change will not fix wet belt issues.  Once an oil pick up strainer is blocked by belt fibres its blocked until it is stripped down and cleaned, new oil certainly won't clean it.

  

Aylesbury_Duck

Mistymo01 said:

I have been emailing them and they have turned round and said that I never asked for them to service it, as I had no paper work from them, but they say on their website that they service and maintain their cars before being sold. No unfortunately I don’t have the advert, but I’m sure they call pull it up from the archive, if it was serviced there would of been some indication that the wet belt in the oil sump would of been showing signs of aging when they change the oil. 

The onus is on you to do that, they're not going to help you compile a case against them.

As for the indication of wet belt wear, I'm not familiar with that particular engine but I doubt you can view the belt in the sump when performing a straightforward oil change, so even if it was serviced just before you purchased it, I doubt belt wear would have been detected.