Purchased Trade Car, Engine Gone after 30miles

justanother · 26th May 2009, 10:55

Hey

Having issues here =).

I purchased a car, well i didnt, my brother did on my behlaf. I read the advert, and liked what i saw, sent my brother to collect it and that was that really.

When it came back, it had double the miles on it, but the guy said it had a new engine that had only done the advertised one, this i could live with.

Next day, noise from engine, took to garage and they said engine has gone (heads).

Rang dealer up, said "you havnt let the oil run low have you" funny he should say that, as when my bro got it to me, i had to put 2 lites of oil in in and half a litre of coolant.

He is now saying he has no obligation to do anything.

Consumer hotline is saying that because the car has done 117k and i cant prove he changed the engine or said he did, that you would expect a car with 117k miles to have issues,

But is this right? Was thinking this car cant be fit for purpose?

I too purchased based on the advert, and only sent my brother to pick it up, but my brother signed the invoice, where does these leave me?

Car was 2k, which was top end of its value, so not cheap, and not a price to make you think its got issues.

Was a trader, and got trade receipt.

Any help and advice is welcome and wanted, plus any case studies if know

thanks

barbara1406 · 26th May 2009, 13:27

can you type out a copy of the advert??

justanother · 26th May 2009, 14:28

Yeah, will get on that.

Is 117k miles going to be the sticking point as one may expect a car to have major defaults at this mileage?

Will get it typed out.

raydetinu · 26th May 2009, 17:59

If he is a trader then it is up to him to put it right, but I would ask for my money back. Write to him rejecting the car and ask for full refund under sale of goods act, not fit for purpose etc.

justanother · 27th May 2009, 22:49

Hey

thanks for that, cant find the advert so looks like this will make my case worse.

I am not sure if i will get anywhere. does anyone have experience or know if i will as the car had 117k miles and maybe its assumed that this car with this type of miles will have some defects? dont know how the courts think..

raydetinu · 29th May 2009, 13:02

Yep, some wear and tear defects would be expected to be attended to after you have had it for some time, few months maybe, such as exhaust, brake pads, and the like; but this is major and the symptons would have been apparent before you purchased it. Dealers problem. As said before ask for your money back.

ncf355 · 29th May 2009, 13:06

Ditto on that

Was it Consumer Direct that came out with the "117k so you should expect probs" comment?

If so, I would write a letter of complaint, they are supposed to advise based on the law, not some throway comment (that is crapola!)

Disgusting

ncf355 · 29th May 2009, 13:08

Sale of goods act states the item should be fit for purpose for a reasonable amount of time, based on 2k purchase price, no court is ever going to say one day is reasonable

It would also be unreasonable for the dealer to have expected you to check the oil inisde of 7 days from sale, arguably much longer

justanother · 30th May 2009, 13:51

well thanks for all this, i have found the origional advert and will do what you have all said.

Is there anything else i can do to make my case stronger.

justanother · 30th May 2009, 13:53

Oh, and it was consumer direct that told me that i have no case, thats why i doubted that i could do anything.

26th May 2009, 10:55	#1 (permalink)
justanother Basic Account Holder Our auction sniper is now live. Try it for free Cagger since : May 2009 Posts: 9	Purchased Trade Car, Engine Gone after 30miles Hey Having issues here =). I purchased a car, well i didnt, my brother did on my behlaf. I read the advert, and liked what i saw, sent my brother to collect it and that was that really. When it came back, it had double the miles on it, but the guy said it had a new engine that had only done the advertised one, this i could live with. Next day, noise from engine, took to garage and they said engine has gone (heads). Rang dealer up, said "you havnt let the oil run low have you" funny he should say that, as when my bro got it to me, i had to put 2 lites of oil in in and half a litre of coolant. He is now saying he has no obligation to do anything. Consumer hotline is saying that because the car has done 117k and i cant prove he changed the engine or said he did, that you would expect a car with 117k miles to have issues, But is this right? Was thinking this car cant be fit for purpose? I too purchased based on the advert, and only sent my brother to pick it up, but my brother signed the invoice, where does these leave me? Car was 2k, which was top end of its value, so not cheap, and not a price to make you think its got issues. Was a trader, and got trade receipt. Any help and advice is welcome and wanted, plus any case studies if know thanks

26th May 2009, 13:27	#2 (permalink)
barbara1406 Basic Account Holder Try our eBay sniping service Cagger since : May 2009 Posts: 5	Re: Purchased Trade Car, Engine Gone after 30miles can you type out a copy of the advert??

26th May 2009, 14:28	#3 (permalink)
justanother Basic Account Holder Try our eBay sniping service Cagger since : May 2009 Posts: 9	Re: Purchased Trade Car, Engine Gone after 30miles Yeah, will get on that. Is 117k miles going to be the sticking point as one may expect a car to have major defaults at this mileage? Will get it typed out.

26th May 2009, 17:59	#4 (permalink)
raydetinu Classic Account Holder Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : Mar 2008 I am in: camborne Posts: 1,683	Re: Purchased Trade Car, Engine Gone after 30miles If he is a trader then it is up to him to put it right, but I would ask for my money back. Write to him rejecting the car and ask for full refund under sale of goods act, not fit for purpose etc.

27th May 2009, 22:49	#5 (permalink)
justanother Basic Account Holder Watch out, there are Claims Touts about! Cagger since : May 2009 Posts: 9	Re: Purchased Trade Car, Engine Gone after 30miles Hey thanks for that, cant find the advert so looks like this will make my case worse. I am not sure if i will get anywhere. does anyone have experience or know if i will as the car had 117k miles and maybe its assumed that this car with this type of miles will have some defects? dont know how the courts think..

29th May 2009, 13:02	#6 (permalink)
raydetinu Classic Account Holder Your bank owes you an awful lot more money than you realise See here Cagger since : Mar 2008 I am in: camborne Posts: 1,683	Re: Purchased Trade Car, Engine Gone after 30miles Yep, some wear and tear defects would be expected to be attended to after you have had it for some time, few months maybe, such as exhaust, brake pads, and the like; but this is major and the symptons would have been apparent before you purchased it. Dealers problem. As said before ask for your money back.

29th May 2009, 13:06	#7 (permalink)
ncf355 Classic Account Holder Protect your signature with SignGuard Cagger since : Jun 2006 Posts: 1,449	Re: Purchased Trade Car, Engine Gone after 30miles Ditto on that Was it Consumer Direct that came out with the "117k so you should expect probs" comment? If so, I would write a letter of complaint, they are supposed to advise based on the law, not some throway comment (that is crapola!) Disgusting

29th May 2009, 13:08	#8 (permalink)
ncf355 Classic Account Holder We need funds Please donate something Cagger since : Jun 2006 Posts: 1,449	Re: Purchased Trade Car, Engine Gone after 30miles Sale of goods act states the item should be fit for purpose for a reasonable amount of time, based on 2k purchase price, no court is ever going to say one day is reasonable It would also be unreasonable for the dealer to have expected you to check the oil inisde of 7 days from sale, arguably much longer

30th May 2009, 13:51	#9 (permalink)
justanother Basic Account Holder Protect your signature with SignGuard Cagger since : May 2009 Posts: 9	Re: Purchased Trade Car, Engine Gone after 30miles well thanks for all this, i have found the origional advert and will do what you have all said. Is there anything else i can do to make my case stronger.

30th May 2009, 13:53	#10 (permalink)
justanother Basic Account Holder Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : May 2009 Posts: 9	Re: Purchased Trade Car, Engine Gone after 30miles Oh, and it was consumer direct that told me that i have no case, thats why i doubted that i could do anything.