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Am I entitled to give my car back to the finance ?

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  • Am I entitled to give my car back to the finance ?

    Hi all
    First time poster so please go easy on me. I have looked through previous questions but couldn't seem to find any specific to my issue.

    In May 2021 I was lucky enough to purchase a 2011 Jaguar XFS from a used car dealer in Mansfield (not main dealer).

    Immediately upon delivery I noticed a few issues. I returned the car to the dealer where he fixed about 75% of the reported problems, the reason he didn't fix them all was because after 5 weeks without my new car I started complaining because these were simple enough problems and in my eyes he was just trying to run out the 3 month warranty I'd got with it.

    Non of these issues were related to the reason for this post.

    ​​​​​Since July I have covered a reasonable distance of approximately 16k miles as my daily commute is 75+ miles and I took a trip to Paris in it.

    In my time with it there have always been issues, (grumbling wheel bearing, sensor issues) but these were all things I accepted on a 10 year old car.

    But on January 10 2022 the alternator failed. No Biggie, this was replaced but immediately after the engine started making a knocking noise. I took the car to a specialist who after many hours diagnosing found it was the big end bearing that had failed.

    I was told that the engine needed to come out and new parts required fitting which totalled approximately £4500.

    I was totally stuck between a rock and a hard place as I owed nearly £7k on the car, so I borrowed the money and asked the garage to proceed.

    Unfortunately, once the engine was out the damage was a lot worse than envisioned and I am now being told the engine is beyond repair and a new short engine is £7k (but you can't buy them at the moment) plus over £3k in sundry parts and labour. A brand new engine is £12k plus labour.

    All this on a car worth £5k according to We Buy Any Car.com

    I'm now totally lost and wonder if one of you knowledgeable people might be able to point me in the right direction?

    I have spoken with First Response Finance and they basically said it's my problem, is that true?

    By the way, I in no way blame the garage that sold me the car. The oil pump failing is a very common failing on these engines apparently.

    Thanks for your help

    Wayne
    Tags: None

  • #2


    Have you considered a second hand or reconditioned unit?

    Comment


    • #3
      Hi Des8
      Yes that has been an option I've looked into as well. The garage were originally reluctant to go down that route because who's to say the next engine won't have exactly the same failure, and on a liability ground he just didn't want to try that, but he has since understood that may be our only option.

      Unfortunately, looking around they are priced between £5k and £7k. And with these prices you would need to add the labour plus supply and fitting of cam belts, service items etc which would once again exceed the value of the car.

      Kind regards

      Wayne

      Comment


      • #4
        Also, just want to add that I have already paid the fixing garage £2000 for work carried out thus far.

        Thanks all
        Wayne

        Comment


        • #5
          I just had a look on E Bay £2500 Diesel then one for £2000 2011 engine £3395 or offer seem to remember there is a Jag breaker just near to the A127 /M25 St Marys Lane he has many Jaguar Cars in there, I had a merc engine replaced at cost of £900 bought the engine on E Bay.

          Comment


          • #6
            I think you might difficulty proving a case against the trader, whom you don't blame anyway.
            If you can show the vehicle was unsatisfactory when delivered you have rights against the trader for up to 6 years.

            Satisfactory takes into account price paid against age and mileage of vehicle.
            Satisfactory refers to the quality of goods and includes durability .

            If you can show for the price paid a reasonable person would anticipate the vehicle lasting longer than the eight months you might have a claim against the trader.
            Even if you don't want to go down the legal route, you might be able to persuade the trader to contribute to the cost of repairs
            The finance house is also as liable as the trader

            Comment


            • #7
              A word of warning in relation to any attempt to sue the dealer; remember you're talking about a 10 year old vehicle here. Even if you sue the dealer, you would only be entitled to recover a proportional amount based on the age of the vehicle, the expected lifetime of its engine, the mileage you've covered in it and the price you paid. So don't go down that route imagining that you can force the dealer to put a new engine in your car for you.

              Comment

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