Overheating issue used car

[Pezza54]

I think you could lose about £100 defendant's legal costs if your claim is unsuccessful on the small claims track

[DE DOGS]

Thinking back on this, was it mentioned if the fuel is petrol or diesel, the reason I ask is, if petrol, take out one spark plug at a time and turn the engine over if the head gasket is gone. Water will show pumping out, and the same applies for diesel, it a bit more time, but will show the problem, Now I have replaced/rebuilt quite a few engines, plus head gaskets, that job is not too time-consuming and not too difficult, but you will need a torque wrench to tighten the head bolt back in the correct sequence if you have the tools. PS Has anybody checked if the rad is ok ?. Not partly blocked.

[Daniel79]

Hi ,

Just got confirmed from the service centre that it is indeed the head gasket that is gone. I have asked for a report on that. They said I am looking at a minimum of £1200

No option than to take the dealer to court as I can’t even sell this car now.

[Pezza54]

With the age and mileage of the car,, unless you can get the repair done on the cheap (friend or relative is a mechanic?) at £1200 the car is beyond economic repair. Hopefully the service centre will provide you with a report that states this blown head gasket is not a recent problem and fluids have been bypassing the gasket for some time

[Daniel79]

[Pezza54]

I am not a mechanic but I have read that H C readings are to do with coolant temperature.(hot and cold?)
I did not read that this is a positive indication of a blown head gasket
I would not want to rely on this diagnostic report in court but DE DOGS may have a different opinion

[DE DOGS]

Well, it appears that there are not a lot of options, apart from this, there are many mobile mechanics, phone one and get a "quote" for the job, then try another for a quote, but don't say or inform them of the woes and problems you have gone through, it s not a big job a good mechanic, should do that job easily in about 3 hours, advise that (you supply the gaskets), good place is E Bay to get them from. The last one I did was a Mercedes, which took me around the 3 hours,(Diesel) You are advised to replace head bolts,

[Daniel79]

Hi ,

So repairing is not an option. I definitely want to return this to the dealer. I sent another letter again after the dealer refused to receive the' signed for' letter. Does it have to be a recorded delivery or a first class post to his registered address would do?

[Pezza54]

First class post is okay. Get a post office receipt
Contact a couple of auto engineers. Find out what tests they carry out to confirm 100% the head gasket is blown and how much they charge for a typed diagnostic report

[Daniel79]

Hi,

Thank you for your guidance so far.

So, since I have not received any response to my letter rejecting the car, I now intend to write an LBA to the dealer. I had it confirmed from the ad listing website (motors.co.uk) that the dealership is not registered as a company but operating as a sole trader. Does it restricts my rights?

On the LBA, I found the following sample. It has one section as follows:

" I am now requesting a full refund of £XXX, on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. I enclose a copy of the proof of purchase. This figure has been calculated from:

The original purchase price of £6,XXX.00

Deduction for fair use of £7xx.00 based on 3,XXX miles at 25p/mile.

Diagnosis costs of £3xx.00 from xxx Ltd.

Transport costs of £4xx.00 returning the vehicle to you."

Since, I failed to get an invoice for it, what should I mention here? should I write the the same and include the following proof of purchase?
- the ad listing which has been deleted now but retrieved by requesting the ad listing website.
- text messages agreeing the sale price which included his 'final offer'.
-a witness letter to prove £700 cash payment.
- bank transfer made.

Since, it is a sole trader, I hope the cash transfer made to the individual's account is ok since sole trader may not have a separate business account.

Also, he has made contradictory admissions in his text messages for instance, he first admitted he took the car and repaired the temperature sensor, while in subsequent messages he said I repaired everything myself and when he took the car for inspection, everything was ok.

One final issue, I am still using the car. I take it to work which is 15 mins, I take it to drop my son which is 20 mins and to drop my wife which is 20 mins as well. The car is drivable for short distances, and since I have no access to another car, no funds to buy another car and since the dealer has stopped responding at all, I am left with no option than to keep using the car. I also think about repairing the car for £900 but if I win the case and have to return it, will I get it back?

I am off from work on Tuesday, so I am thinking of getting a detailed engineer's report on faulty head gasket and send an LBA on Wednesday.

I thank you in advance for your valuable advice.

[Pezza54]

Wait to get a qualified auto engineer's report before you send the LBA. Hopefully the report will detail the tests carried out, the results obtained and state the engineer considers the blown head gasket is a long term fault and would have existed at the time of sale. The cost of this report should be included in your claim and also in the LBA
You have weakened your claim by continuing to drive the car. You will have to admit to this in court if you are asked. When you wrote to reject the car you should have stopped using it

[DE DOGS]

Wait to get a qualified auto engineer's report before you send the LBA. Hopefully the report will detail the tests carried out, the results obtained and state the engineer considers the blown head gasket is a long term fault and would have existed at the time of sale. The cost of this report should be included in your claim and also in the LBA
You have weakened your claim by continuing to drive the car. You will have to admit to this in court if you are asked. When you wrote to reject the car you should have stopped using it

I agree that you \ should not have used the car, to my way of thinking and possibly the Judge's, you have blown the claim, start thinking of the repair.