Used car dealer sold me car which had already had cam belt failure and engine damage

[Mackenziew]

Should i be able to get my money back if a car has had a broken cam belt and been repaired also should the garage have told me the engine had already had damage caused to it?
I have owned the car two months and no way would i have bought it if i had known this i don't think anyone would. I don't know much about cars but i do know timing belts cause a lot of damage when they fail .They managed to repair it and it was running fine but now a mechanic thinks a valve has dropped which i think is connected . It has had cylinder head replaced and all rocker arms according to info we have and was recovered by AA due to timing belt. This is a 3 1/2 year old car.
Any advice would be appreciated,.

[dslippy]

It needs an expert's examination of the car.
Sureyly a car with a new cam belt might be better than one with a 3.5 year old cam belt? Similarly for the rest.

[des8]

Your friend in this case is the Consumer Rights Act 2015 (CRA 2015).

You have the right to reject the vehicle as unsatisfactory, but the dealer has the right to make one attempt to repair it.
As the fault has surfaced after the first month but before the sixth month after delivery it is deemed that the fault was present at the time of delivery.

You might also have protection under the Consumer Protection from Unfair Trading Regulations 2008. in that the dealer failed to disclose previous damage of which he should have been aware

[Mackenziew]

Thank you at the moment they simply refuse to answer the phone , so emails and recorded delivery letter will be done this week i have a feeling it's going to be a long process.

[des8]

Do read the CRA 2015 before making any agreement with the dealer.
You have a number of rights in a matter like this e.g. collection; costs; time etc. so make sure you know them!

Any problems just come back to this thread

[Drpepper99]

Have had to book in to the cars manufacturers main dealer for an official diagnostics report, our local garage said we should fix ourselves because we won't have any rights as cam belt was done 26000 miles ago ( 1 Year ) and issues now might or might not be linked .We've had the car less than 3 months I can't believe that is true .The car has a fault full stop whether or not its connected to a snapped cam belt in the past.
Please someone reassure me .

[Drpepper99]

Update on the email sent to dealership , they responded asking ME to prove the fault was present when we bought it and to send an official diagnostics report which I have booked in.

[des8]

CRA 2015 sec 19 (14); (14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

It is for the dealer to prove the goods were satisfactory when delivered

[dslippy]

You say, "I think it is connected", but offer no evidence or explanation. The professionals who have looked at it say there is no connection they can see.

I am all in favour of having legal rights and enforcing them, but those legal rights derive from a fault which only you think exists, and for which yo offer no explanation. You may be right, and I am no car technician, but what you suggest so far seems to me to fall short of engendering the legal rights which would attach to a car sold faulty.

[Drpepper99]

I think it may be connected or it may not be connected , either way do you think we are imagining the fault which is now occurring?

I do know the damage a cam belt can do so obviously there is a possibility it might be connected ( there is my explanation ) .

Why you are suggesting we only THINK the faults exists is bizarre ? Both mechanic's we have asked say the engine needs to be taken apart to be diagnosed .

Please explain why you think we have no rights if its not the exact cause we suggest it might be?

[dslippy]

I k now nothing of the mechanics, do not deny that you have a problem, and have said nothing to suggest that you are imagining anything.

What I have said is that there are indeed remedies at law, but that they follow the acquisition of evidence which at the moment you appear not to have.

[des8]

Why do you state: "Have had to book in to the cars manufacturers main dealer for an official diagnostics report,"?

You have a problem (which from your description I assume makes the car undrivable).
This has occurred within the 6 month period since delivery of the car so it is for the dealer to prove the vehicle was satisfactory at the time of delivery.
Note that "satisfactory" refers to the quality of the goods which includes durability and IMO a 3.5 year old car breakdowning within 3 months of purchase does not exhibit anticipated durability.

Don't forget when you make your claim you include an amount for damages IE costs which have arisen directly from the unsatisfactory condition of the vehicle.
Also note that if the rejection is accepted the dealer can makle a deduction for the mileage covered by you. He will probably ctry charging about 45p per mile, but the figure should be around the 10p figure

Other matters to take into account are the price paid and the mileage & model
I'm a bit surprised to see the vehicle has covered 26,500 miles in the year since the cam belt and associated engine parts were replaced

[Drpepper99]

The garage has asked us to get an official diagnosis ? the two mechanics that came for whatever reason could not do this as need ed the engine stripped down?

Can I refuse to do this and have it sent back to them that would obviously be my prefered option?

Actually I think I have read that can you confirm? I'm so confused .

Thank you for your help I am autistic and am at risk at being walked all over its all so confusing and conflicting advice everywhere.

[des8]

If you are looking to reJect the vehicle and recover your money there are procedures to follow.

Initially you tell the dealer you are rejecting the vehicle, and why.
Have you done that?

If so, at that point you have to make the vehice available to the trader for collection.
You do not have to return it, it is up to him to collect it at his cost

The trader has the right to attempt one repair.
If that fails, or he refuses to repair, he should refund you your money.

Is the car drivable at all?
I have assumed that it is self evident that there is a problem with the car, but your posts aren't very clear.
I realise the vehicle has suffered a broken timing belt in the past, but if it is a non interference engine it probably isn't a big deal.
From the comment that a garage mechanic made about a drop valve I suppose the car is not drivable.
If that is correct it is not IMO necessary for you to obtain a diagnostic report. You just need confirmation in writing from a mechanic that the vehicle is undrivable.

[Drpepper99]

Sorry for taking so long to update , I have been told that I must claim through sales of good act, as its a business to business transaction although it wasn't at the time but shortly after my partner started using it for his business. .

I contacted the garage stating the sales of goods act and they said it didn't apply because my partner uses it as a private hire ( doing 12000 miles in 10-11 weeks)

Can someone confirm whether I should continue to pursue this through small claims or not, I thought about just selling the car for spares but we have literally lost thousands in 10 weeks.

Online I can't find any advice at all I think I may need to see a solicitor , if I have no rights I would like to understand why.

(Just to recap bought a car that developed a noise in the engine, we then found out the cam belt had snapped 30000 miles previously after ringing garage that had erepaired car .Turns out car needs head replacing again and rocker valve again) Garages we have spoken too say likely a hairline crack was missed when repairing but I couldn't prove this)