Buyers rights on buying a used car

[chewy]

Originally Posted by Dirk Diggler

Just being nosey, what mileage has the motor done?

132000.

http://cgi.ebay.co.uk/ws/eBayISAPI.d...m=130385529534

[Dirk Diggler]

Wow, that's alot of miles..

I think I'd be gutted, but would probably put it down to experience and take it on the chin.

I assume you test drove the car, and was happy with it, and as you managed to do 440 miles is it not reasonable to accept that thing can and do go wrong, especially something of that age and mileage.

How long did you drive it for in an overheat situation? as it's unlikely it spewed it's guts without prior warning.

[Mollers]

132k is no big deal. I know plenty of guys running 200 and 300TDI's with heaps more miles than that.
My guess is that it had overheated, done a head gasket and buggered the head. Matey boy has slapped another gasket in it and got shot of it sharpish. If so, it's a shitty trick to retail such a mess, it should've been auctioned 'sold as seen'. If this is not the case, you've been very unlucky. I'd bet on the former.

[Bigmuz7]

Originally Posted by Mollers

132k is no big deal. I know plenty of guys running 200 and 300TDI's with heaps more miles than that.
My guess is that it had overheated, done a head gasket and buggered the head.

Agree.. and that will be what caused the piston damage (pick up) which is why he 'moved it on' ..... question is .. why did all that happen in the first place ?

[Mollers]

Originally Posted by Bigmuz7

..... question is .. why did all that happen in the first place ?

Dunno, but the lump is now a mooring block.

Plenty of decent engines available though, as Discos die for other reasons such as boot rot and transmission failure.

[wiLlfish]

Originally Posted by Bigmuz7

..... question is .. why did all that happen in the first place ?

posseebly volcannic assh

orr posseebly sum nobbur dryvin forr tenn myles wiv steem porin owt ov de bonnit finkin fuk mee itt getts fogy oop norf.

[Bigmuz7]

[quote=Mollers;351437] Dunno, but the lump is now a mooring block.

shame .. will it manage even that job properly ?

[Carl]

your all nearly right................... if he is trade it has to be sold as scrap/spare parts AND he has to deliver it to your house. anyway just phone the bloke

[Jizm]

What's the score then Tim, how are you getting on?

[markg]

a mate had a conrod through the block on a 300 tdi last week it had done 210k though, he found a 90k s/hand one for 300 quid
i think you will have difficulty proving anything, i would look for an engine and put it down to experience, we bought a td5 es with 160k on it and it has been fine, but if it had gone pop we only gave 1650 for it and could have flogged the bits to recoup most of that

[Tim M]

I phoned the bloke as soon as it happened and have been in contact every day since. Initially it looked like just the head gasket had gone, which he agreed to pay for the repair of. I took it to Pete7's Landrover mechanic "Crazy John" who seems to know his stuff. He took it all apart and discovered pistons 2 and 3 had "picked up" (what exactly does that mean?), the head I believe has warped, the gasket of course needs replacing. It would seem this is all a result of a dodgy radiator.

John has quoted me £1500 to supply and fit a replacement engine, rad, and a few other bits he thinks it needs.

As soon as I told the seller about the engine trouble he became a little less helpful, although was still polite and said he would help on the phone. I'm now struggling to get hold of him; yesterday I rang for an update and got his wife who told me he was too ill to talk to me on the phone

My current plan is to pay to get the engine changed and get the car back on the road; at the mo I'm without wheels which is a total nightmare. Going to hire a car later today. Once the repairs are done, I shall be sending a bill for repairs and car hire to the seller. I suspect he won't pay it, in which case I will take him to the small claims court and see where I get.

Also, I didn't test drive the car before I purchased it, which I believe from my legal friend works in my favour.

[neilda]

Originally Posted by Tim M

My current plan is to pay to get the engine changed and get the car back on the road; at the mo I'm without wheels which is a total nightmare. Going to hire a car later today. Once the repairs are done, I shall be sending a bill for repairs and car hire to the seller. I suspect he won't pay it, in which case I will take him to the small claims court and see where I get.

Also, I didn't test drive the car before I purchased it, which I believe from my legal friend works in my favour.

I think this is the right approach. You might want to write to (or at the very least communicate with) the vendor telling him what you're planning to do rather than springing the repair bill on him. This gives him the chance to offer a full refund.

[Poly]

Originally Posted by neilda

I think this is the right approach. You might want to write to (or at the very least communicate with) the vendor telling him what you're planning to do rather than springing the repair bill on him. This gives him the chance to offer a full refund.

in fact legally I don't think you've a right to recharge him for the repair cost (and certainly not for your hire care). Your rights are to return the goods as not fit for purpose and demand either he makes it good or he refunds you. If he refunds you he keeps the car. He'll be allowed a reasonable period of time to respond to your written requests as well (say a week). Pressing ahead with the work without his authorisation and without him having had the chance to get it inspected or offer a refund may invalidate your "claim".

[Carl]

he has a right to repair,trust me he will not want to be paying another dealers/mechanics bill

[neilda]

Originally Posted by Polwart

in fact legally I don't think you've a right to recharge him for the repair cost (and certainly not for your hire care). Your rights are to return the goods as not fit for purpose and demand either he makes it good or he refunds you. If he refunds you he keeps the car. He'll be allowed a reasonable period of time to respond to your written requests as well (say a week). Pressing ahead with the work without his authorisation and without him having had the chance to get it inspected or offer a refund may invalidate your "claim".

This is why I advised contacting the vendor before proceeding and putting him on notice.

I suspect that ultimately the Small Claims Court would look quite kindly upon Tim, he's tried to address the problem with the owner, the vendor has avoided calls, Tim needs transport, car sold (by dealer) would fall foul of the Sale of Goods Act.

Additionally consumers can demand damages (Supply of Goods and Services Act 1982) which a court would equate to the cost of a repair.

It's not, as you mentioned earlier, clear cut. However the law would seem to be on Tim's side.

[Poly]

the vendor has avoided calls

that will be quite hard to prove. It is of course possible that the guy is ill.

Originally Posted by neilda

However the law would seem to be on Tim's side.

Bearing in mind of course that we have only heard it from Tim's perspective; once in court the guy will say something along the lines of:

- the radiator was fine when it left him - Tim has obviously damaged it and this is the consequence or Tim's damage not an intrinsic defect
- Tim obviously drove it for 400 miles without checking the water levels
- he didn't get the car returned for inspection
- he wasn't given an opportunity to repair it himself at considerably lower cost
- he was always available during normal working hours, but Tim just happened to be unlucky
- he never got any written request for repairs / refund until after the work was done

etc...

So far better to sort it out without needing to go down the court route.

[chewy]

Didn't it overheat to start with warning that the gasket was about to go?

[bedajim]

Originally Posted by bedajim

Barristers, Solicitors, Accountants allegedly

First meeting your 100% in the right
Second well things could be more difficult
Third it'll be 50/50
Fourth here's my bill and I'd do a deal with them if I was you

Looks like we're getting here! only a matter of time

[wavelength]

How was it described?. As he is obviously "in the course of a trade or business", a requirement for TDA to kick in, then if the item has had a false trade description applied to it (which is false to a material degree) then there may be a criminal offence which trading standards could investigate for you. That would be free, and if found guilty then you could apply for damages at the criminal hearing. However if you let someone else faff with the engine etc in the meantime your evidence is going to be compromised. All depends if there was a false trade description though. How long had the seller had the vehicle-assuming of course he is in the "logbook"/V5.

[Doug Stormforce]

Tim

Bad luck, you have my sympathy but please don't let all the positive well wishing on here make you think you have a case.

You bought a well used vehicle for a small % of the original price, you drove it for several days and clocked up nearly 500 miles and it broke.

There has been no "criminal offence here".

No barrister can state a case is cut and dry easy win unless he is trying to get the work.

The vehicle was fit for purpose when you bought it, proved by the fact you drove it for the first three days (with a very high mileage). You had even done 2 journeys over 150 miles, (pro rate this equates to a 60K miles a year usage).

If he is a trade seller may not even be in the logbook.

If I were in your position and the seller had agreed to pay something towards the problem then I would just accept his offer and move on with life.

Shit thing to happen but thats life.