Done it again - another faulty vehicle !

[fandabby]

I'm back..


This is a nightmare after all the dramas with that pesky VW which didn’t end well we now have another problem vehicle.

We purchased a Chrysler Grand Voyager 28^th May 2018 which has landed in the garage with a serious fault last Friday.


Background:

Purchased 28 May 2018 from a trader, went to his house but has trader presence on Autotrader. He had it for sale £5k but we got him down to £4,400 as it needed a service and cambelt / waterpump.
The mileage on purchase was around 130,267 (I’ve just checked a photo I downloaded which he had on his sale page which showed the dash).

Test drive was fine in that no knocking sounds heard and was smooth to drive. Paid bank transfer.

Service and cambelt/waterpump was done after we bought.

We have an old car (backup) so drive between that and this car. Friday last week driving Chrysler to get kids to school a loud knocking sound in engine heard, pulled over and turned engine off. RAC came out couldn't diagnose so towed to a garage.
Mileage is now 132,156. So since May mileage total is 1,889 since ownership.

Garage today have told me sounds serious and it will already cost me a few hundred quid to strip the engine down to diagnose. Said on test there was no compression on cylinder 1. He think this is serious and will cost a lot of money to fix do I want him to bother as most people scrap the car.

He asked me should he strip it down to diagnose and cost for fix. I said well yes we need to know what’s wrong with it. Garage will come back to me once head off and they can see what the problem is but to give them time as they really busy,



So what do I do, should I be lettering the Seller now to make him aware there is this major fault. Can I claim for him to do the repairs or part repairs ? I know this is under the 6 months so does he have to prove the fault was not there on purchase – or do I have to prove fault was there on sale – or is it just bad luck these thing happen and take the hit ourselves ?


We are sitting just under 4 months should I letter him with today or tomorrow’s date.

What does everyone advise please?

Thanks

[ostell]

Let him know as soon as possible that there is a defect. He may elect to repair it himself. It is assumed, before 6 months, that the fault was present and the trader has to show that it wasn't.

[fandabby]

Thanks for reply ostell.

I have come up with part of a letter but unsure how to finish it:

****************************************


Dear Sir

RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXXX XXX

I am writing with regard to the purchase of the above vehicle on 28^th May 2018. I have a photo from your sale advert which shows mileage being 130,267 and the vehicle is now currently 132,156.

On Friday 21 September 2018 whilst driving a knocking sound was heard coming from the engine. I immediately pulled over and rang RAC. Upon inspection they were unable to diagnose and towed me to the nearest available garage but advised it sounded internal and likely a big job to fix.

I have spoken with the garage this morning and they have done an initial test which shows no compression on cylinder 1 which needs further investigation. This involves stripping down the engine to find out the root problem. The garage owner has told me this is going to be expensive and will now strip engine down to find the problem to give me accurate diagnosis and cost for repair. This he said will cost in the region of £200 depending on how long it takes to strip it down.

I am within 4 months of purchase from this major fault showing itself and believe my legal rights under the Consumer Rights Act 2015 is that under 6 months the Seller must prove the fault did not exist time of purchase.

I am not happy that this vehicle as broken down within 4 months of ownership and want to know please ..... ????


****************************************

Not sure how i should be ending letter.


Also I can't remember his name so will address it to his trading address which I have written down on the sale advert I printed out back in May.



Any suggestions please if letter so far okay, any amendments and how I finish the letter off please.


Many thanks

[fandabby]

Oh on a minor issue.

When we viewed vehicle the TPMS light was on showing rear left sensor was not picking up pressure. Trader said this was just a sensor which needs fitting and costs £30 and a tyre place can easily fit for a small fee.

I purchased a genuine part for this particular car for just under £50, paid £10 to get it fitted. The car is self detect so driving over 15mph for 10 minutes the vehicle should have registered the sensor.

All research and manual says the system is self learning so there must be a fault in that system too, do I bring this up too or just this major engine fault ?

thanks

[des8]

As ostell write (get a free certificate of posting from PO) informing seller that there appears to be a major engine problem.
As a result of that you deem the vehicle to be unsatisfactory and not to conform to contract and you are exercising your right to a repair.
The repair needs to be carried out
(a)...... within a reasonable time and without significant inconvenience to the consumer, and
(b) [the trader must] bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



If he cannot/will not repair you the have the right to reject (I assume a suitable replacement won't be available)

What year? Petrol or Diesel?

Up to you whether or not you let your current garage strip it to discover the fault

[des8]

Was interrupted while writing above and see posts have crossed.

Include TPMS in letter as a fault is an MOT failure

In your letter I would delete from "I am within 4 months of purchase " and finish with something along the lines of
"As a result of that I deem the vehicle to be unsatisfactory and not to conform to contract and I am exercising my right to a repair.
The repair needs to be carried out within a reasonable time and without significant inconvenience to myself, and
you must bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Please arrange to collect the vehicle from.... and keep me informed.


This sounds like another one man band!

[fandabby]

As ostell write (get a free certificate of posting from PO) informing seller that there appears to be a major engine problem.
As a result of that you deem the vehicle to be unsatisfactory and not to conform to contract and you are exercising your right to a repair.
The repair needs to be carried out
(a)...... within a reasonable time and without significant inconvenience to the consumer, and
(b) [the trader must] bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



If he cannot/will not repair you the have the right to reject (I assume a suitable replacement won't be available)

What year? Petrol or Diesel?

Up to you whether or not you let your current garage strip it to discover the fault

Hi @des

Thanks for reply.

Should I pause the garage on striping it until I hear back from the trader? Probably best if I am following route of CRA.


I doubt he has suitable replacement, this is a 7 seater with the stow and go seats so car seats up, van seats down. Useful when wanting to bring something home quite large.

It is Diesel.


So have adjusted the suggested above to:

********************************

Dear Sir

RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXXX XXX

I am writing with regard to the purchase of the above vehicle on 28^th May 2018. I have a photo from your sale advert which shows mileage being 130,267 and the vehicle is now currently 132,156.

On Friday 21 September 2018 whilst driving a knocking sound was heard coming from the engine. I immediately pulled over and rang RAC. Upon inspection they were unable to diagnose and towed me to the nearest available garage but advised it sounded internal and likely a big job to fix.

I have spoken with the garage this morning and they have done an initial test which shows no compression on cylinder 1 which needs further investigation. The garage owner has told me this is going to be expensive and is a major fault.

I am within 4 months of purchase from this major fault showing itself and believe my legal rights under the Consumer Rights Act 2015 is that under 6 months the Seller must prove the fault did not exist time of purchase.

As a result of that I deem the vehicle to be unsatisfactory and not to conform to contract and I am exercising my right to a repair.

The repair needs to be carried out
(a)...... within a reasonable time and without significant inconvenience to the consumer, and
(b) [the trader must] bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

I will look forward to hearing from you shortly.

Yours faithfully


*****************************


Does this now read okay for post please.


Many thanks

[Aukey]

You probably should have contacted the seller first before getting a garage to start stripping the engine, the dealer would have likely wanted to get it diagnosed by themselves or whoever they use, or given the go ahead for it to be stripped. The reason being, now it's been messed with, they won't be able to say what it was or what may have caused it regardless of what the other garage may say.

On the proving it wasn't there at time of purchase, i imagine that would be fairly easy as you drove it away and drove almost another 2000 miles in it.

Will be interested to what the garage say though, good luck with it.

[fandabby]

Hi @des8


Yes we are crossing over a little here.

Letter redrafted:


Dear Sir

RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXXX XXX

I am writing with regard to the purchase of the above vehicle on 28^th May 2018. I have a photo from your sale advert which shows mileage being 130,267 and the vehicle is now currently 132,156.

Firstly, when we viewed the vehicle and pointed out the TPMS light was displayed you told us that it was a simple fix with buying a sensor and having it replaced by a tyre shop. This sensor has been replaced with a genuine part and the TPMS is still at fault. This is an MOT failure and needs further addressing to fix the fault.

Secondly, On Friday 21 September 2018 whilst driving a knocking sound was heard coming from the engine. I immediately pulled over and rang RAC. Upon inspection they were unable to diagnose and towed me to the nearest available garage but advised it sounded internal and likely a big job to fix.

I have spoken with the garage this morning and they have done an initial test which shows no compression on cylinder 1 which needs further investigation. The garage owner has told me this is going to be expensive and is a major fault.

As a result of that I deem the vehicle to be unsatisfactory and not to conform to contract and I am exercising my right to a repair under the Consumer Rights Act 2015.

The repair needs to be carried out
(a)...... within a reasonable time and without significant inconvenience to the consumer, and
(b) [the trader must] bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Please arrange to collect the vehicle from <garage name, address and telephone number> and keep me informed.

I will look forward to hearing from you shortly.

Yours faithfully


**********************************

OK to send? or you think further amendment. ?

I have rang the garage to leave alone for now to see outcome of this trader.


Thanks Des.

[fandabby]

You probably should have contacted the seller first before getting a garage to start stripping the engine, the dealer would have likely wanted to get it diagnosed by themselves or whoever they use, or given the go ahead for it to be stripped. The reason being, now it's been messed with, they won't be able to say what it was or what may have caused it regardless of what the other garage may say.

On the proving it wasn't there at time of purchase, i imagine that would be fairly easy as you drove it away and drove almost another 2000 miles in it.

Will be interested to what the garage say though, good luck with it.

Hi Aukey

The garage did a compression test to show no compression in cylinder 1 and that discussion took place this morning along with me saying strip it to find diagnosis, I have since spoken with them again and they are leaving alone (not started striping) so no messing around been done so far. Asked them to pause until they hear from me again.

Will have to wait now on the trader to see how he handles this.

Thanks for your reply and good luck wishes.

[Aukey]

Hi Aukey

The garage did a compression test to show no compression in cylinder 1 and that discussion took place this morning along with me saying strip it to find diagnosis, I have since spoken with them again and they are leaving alone (not started striping) so no messing around been done so far. Asked them to pause until they hear from me again.

Will have to wait now on the trader to see how he handles this.

Thanks for your reply and good luck wishes.

That's good, that will help you a lot.

Let us know how you get on.

[ostell]

Have your garage given an opinion on why there is no compression?

[fandabby]

Have your garage given an opinion on why there is no compression?

No he said it could be a number of things too many to guess but has said his experience listening to the engine it's a major fault and will be expensive, did I want to go down that route, is the vehicle value worth the repair cost. I asked for aroundabout but he said he can't until he has striped to see what's wrong, wants to give accurate cost.

I''ve asked him at this stage not to strip to see what trader says.

[des8]

Yep fandabby the letter is sufficient as a staring point.
if the dealer plays up, you take it from there

[fandabby]

Yep fandabby the letter is sufficient as a staring point.
if the dealer plays up, you take it from there

Thanks, will send with proof of postage for in case he does not sign if sent recorded !