New Engine, now turbo failure

[am_malachi]

Hi,

I bought a car (Mazda CX-5) on the 6th May 2022 with 59,000 miles on the clock for £10,750. The timing chain failed in September 2022 resulting in the car needing a new engine (this was at 65,000 miles). The dealer agreed to change the engine. Initially I was given a date at the end of October for the change, however this was pushed back several times until it was eventually repaired in January 2023. I was told by the dealers mechanic that the dealer had purchased an engine from a less than reputable source which hadn't arrived and this was what was causing the delays - this didn't fill me with confidence. The mechanics kept giving differing excuses over the following months, from the initial disreputable engine, to lack of space, lack of time, Christmas holidays, January holidays etc. I was not offered a car during this time and so did purchase another to keep me mobile given that I work 30 miles from home.

I received the car back on the 24th January 2023, but had to return it due to starter motor failure on the 30th January 2023. I subsequently received it back on the 8th February 2023. The car had an oil leak which when inspected was as a result of an oil spillage in the under trays from the dealers mechanics. The car then had a gearbox fault which my independent garage resolved and said that this was caused by the dealers mechanic not putting enough gear box oil in when they did the engine change (as they also serviced the transmission). Two days after this (12th May 2023 and now at 70,000), the car failed again, this time with a turbo fault. The dealer did not accept responsibility for this stating that it was fair wear and tear and a serviceable part. I initially sought to reject the car, and then gave the dealer a suitable timeframe to respond with either confirmation of the rejection or an offer of payment/repair for the turbo. I did not receive a response to my emails initially. In response to my letter, they reiterated their position that I had owned the car for over a year and it was not their responsibility beyond this. I did state that I had not been in possession of the car for all of this, given the length of time between September 2022 - Feb 2023 where they had the car and I was waiting on the repair. Their mechanics quoted me £3500. I was unable to make this bill with the garage and had the turbo changed at my local independent garage for £2750 - telling the dealer that I would make the repair under duress. I did also ask about ADR, however they are not part of an ADR scheme and only quoted the motor ombudsman generic web address.

The independent mechanics told me that turbo failures are co-morbid with engine failure and that the turbo failing in quick succession following the timing chain is likely as a result of the faulty engine. My independent garage were kind enough to write a statement "In our opinion if this vehicle had an engine with a low oil pressure fault this may have contributed to premature turbo wear as the turbo relies on oil pressure from the engine". In addition to this, the car had a check engine light appear (17th June 2023) and had an additional sensor replaced for £280 on 23rd June 2023.

My question is really - is this a legal case worth pursuing in the small claims court? If so - which parts would I be eligible to claim for and am I able to claim additionally for the significant inconvenience and lack of confidence in the vehicle.

Many thanks in advance!

[Pezza54]

Please read http://www.businesscompanion.info/fo...ights-act-2015

As the fault (timing chain failure and engine damage) did not happen within 30 days of purchase you did not have a right to reject the car.

You should check the maintenance schedule for this car and see if replacement of the timing belt was overdue. If it was overdue the dealer should have replaced this belt before selling the car to avoid the possibility of what happened.

You did not have use of the car from ?? September 2022 until 24 January 2023. This was an unreasonable amount of time for the dealer to carry out the repair. Because of the unwarranted delay you purchased another car for work. Obviously you can't claim the full purchase amount. The purchase price less resale value (depreciation) is the amount to claim. If you don't intend to sell the car then depreciation can be calculated at 20-40p per mile depending on the car and mpg.

You should claim for any professional inspection report to prove a fault. The cost of the replacement turbo is unlikely to be agreed to in court (mileage and age of the car) but worth a try when backed up with the independent garage report.

You can't claim for loss of confidence. You should claim though for any loss and expense you incurred when you had to buy another car.

[des8]

I would suggest you did possibly have the final right to reject the vehicle as per Consumer Rights act 2015.

You returned the vehicle within the first six months for a repair.
At that point the 6 month clock stops ticking and doesn't restart until the vehicle is returned in a satisfactory condition
If you could prove the repair was not carried out satisfactorily you could have rejected the vehicle

As it is I would claim for all costs incurred which flowed from their breach of contract.
You can always reduce the amount claimed, but increasing it is more difficult
Don't ask, don't get!

[am_malachi]

Thank you both - very helpful. I think it's worth pursuing, I'll keep posted with any result