used car problem

[maxinep]

Hi


can anyone advise?

I brought a used car from a used car dealer 2 months ago, they wouldnt give me a warranty.

The car has a very low mileage, it has now developed an overheating problem, I have contacted a

local mechanic that we use and he has looked and said best option is to try changing the thermostat

which I have had done, if this doesnt work then it could be the head gasket which is very expensive job,

where do I stand with this, as you expect something to be sold to you to last longer than 2 months.

I have no warranty, it was paid for by credit card.

Any help appreciated

[des8]

Re: used car problem

Hi,
Besides any claim you may or may not have against the seller, I would be wary of the advice your local mechanic is giving if he is going to jump to "blown head gasket" as second choice for the cause for overheating.
I assume your coolant level isn't low, so after checking thermostat (you don't have to change it to check it) make sure the water pump isn't failing, then check for trapped air in the cooling system, make sure the cooling fan is working, the radiator cap isn't faulty (needs pressure testing) and radiator core isn't blocked.
Blown head gaskets normally make themselves known by the plumes of white smoke pouring out of the exhaust pipe (water pouring into the cylinders) or by the cooling system rapidly pressurising (exhaust gases escaping into the coolant). In the latter case the coolant will smell of exhaust. If the gasket has "gone" between the water jacket and an oilway, the oil in the sump will emulsify and look like mayonnaise.

Regarding the seller, it matters not if a warranty was or was not given, as The Sale of Goods Act gives you certain rights.
How was the car described in the advert, and when you were talking to the dealer.
The vehicle has to be fit for purpose, and that includes lasting a reasonable time.
How reputable is the dealer?
Your first action must be to contact the seller, tell him what is wrong and give him the opportunity to put matters right.
If that fails further action might be possible.

You may also be able to make a section 75 claim against the credit card issuer.

[CleverClogs]

Re: used car problem

I brought a used car from a used car dealer 2 months ago, they wouldn't give me a warranty.

Why not?

where do I stand with this

By the side of the road, as you wait for the AA?

as you expect something to be sold to you to last longer than 2 months.

Apart from consumable items, you'd be right. The law does require goods to be reasonably durable.

I have no warranty, it was paid for by credit card.

Unless it was a genuine trade sale - from one business to another - the lack of any warranty makes not one jot of difference to the dealer's liability. Warranties may only add to one's legal rights - they cannot reduce or remove those rights. Nor does a lack of a warranty deny you any rights under Statute Law.

Moreover, as you paid for the jalopy by credit card - and if it cost more than £100 - the credit card company has joint and several liability with the dealer for any breach of contract under section 75 (link 1, link 2) of the Consumer Credit Act 1974.

[maxinep]

Re: used car problem

so what is my next step I have changed the thermostat the coolant level is fine im not prepared to pay anymore money on it do I contact the seller and what do I say?

[Inca]

Re: used car problem

Personally,,I'd reject the car,,the other Beagles will tell you how and what to say and under what legislation you are rejecting it.

[maxinep]

Re: used car problem

how do you reject the car I have brought and paid for it

[maxinep]

Re: used car problem

Obviously we need the car for travelling to and from work every day so this is going to have a knock on effect and need to sort something out asap what is my next step can anyone help?

[teaboy2]

Re: used car problem

Firstly you need to write to the seller, send by recorded delivery, and inform them of the problems with the car and point out to them that under the sales of goods act 1979 you are entitled to reasonable enjoyment of the car, 2 months is not reasonable enjoyment, as a car is expected to run fine without issues much longer than that. As such the sales of goods act 1979 gives you rights under warranty of contract requiring that the seller repair or replace the car/goods. Warranty under contract involving the sales of goods is a statutory regardless of whether a seller gave any form of other warranty, and as such if the seller refuses to repair the car or replace it, you will either reject the car as per your right under the sales of goods act or treat the seller as being in breach of their obligations in regards to contract of sale where warranty of contract is concerned. Warn them that if they refuse to repair the goods of refund you in full for the car, then you will instigate legal proceedings against them for their breach of warranty, to reclaim the cost of the goods and any additional expense you have incurred as a direct result of the fault with the car on top of any legal and court costs.

Give the seller 14 days to respond. If they do not respond, then you can either instigate a section 75A request with your card provider stating the car is faulty and despite your requesting the seller to repair under warranty of contract, the seller refuses. or you may wish to make a claim to the county court. You should also report the seller to trading standards, as some 2nd hand car dealers trade as private sellers instead of as a dealer.

[maxinep]

Re: used car problem

I have spoken to the garage where we brought the car from they were very helpful (at the mo) they are willing to have the car in to have a look at it and see what they think the problem is and make us happy again with the car, so I will see what they come back with before I start sending the letters.
They even offered to come and get the car but we have break down cover who are taking it there now.

[maxinep]

Re: used car problem

Bit more to this story now, We took the car back to the garage we brought it from they said that the thermostat that was in the car was not a new one and the mechanic that we had taken it to did not replace it!!
I contacted him he said that he did, the garage that we brought it from said that it needed replacing so they said that they did it showed me an old thermostat that they said they had took out, charged me half of the cost and said we would have no problems with it again.
Any way today it has started to overheat again, so it has lasted 7 weeks so I called him again he said that I need to get it to him again and he will look at it.
We only brought it from him end of september this is the 2nd time its happened, we need reliable cars for work.
I sure a used car should last longer than 3 and half months, the car has now gone back to the garage and we have to wait to hear from him, what are our options please see above for the story
Thanks

[CleverClogs]

Re: used car problem

What sort of motor car is it - a Citron? :grin:

(That wasn't a typo.)

[teaboy2]

Re: used car problem

Have they tried to bleed the cooling system fully in case there is an airlock in the system? As that can cause overheating regardless of new thermostat, head gasket, water pump or radiator - And it should be the one of the first things they do to be honest, to avoid having to pay for what could be unneeded new costly parts mentioned above.

Easiest way to tell if you have an airlock in the cooling system is to turn the engine on and let it tick over and then check to see if you have bubbling in the overflow bottle, or listen to see if you can hear any bubbling. In either case, where you see or are hearing bubbling, you should then turn the engine off and open the bleeder valve and bleed the system a minimum of two times to get rid of any air locks. If airlock is still there after bleeding, then air is getting into the cooling system via either the head gasket, radiator, hole in (or collapsed, due to being old and blocking water flow. so if pipe is soft it need replacing) water pipes or broken seal,via the radiator or even water pump. Its not the thermostat since that's been changed twice now.

Is the cooling fan working properly? Are the fan blades broke or missing? Check to see if it is even running. A faulty switch can cause it to not turn on.

Replace the radiator cap.

Check for obstructed radiator fins. full of dirt and bugs.

Look for a head gasket leak.

Is the belt missing from the water pump? It may not be operating right, if it is glazed or stretched it will spin on the pulley.

Those are just a few causes of what could be causing your car to overheat, all relatively simple to spot for a trained mechanic to be honest.

[maxinep]

Re: used car problem

its a rover, its now back at the gargage and the mechanic looking at it again tomorrow

[CleverClogs]

Re: used car problem

its a rover,

Is it yellow?

[des8]

Re: used car problem

Whilst agreeing with Teaboy2 (see post 2) I note you now mention this is a Rover.
If it has the K series engine it might well be a head gasket problem which the garage has tried to "repair" with something like "steelseal". This can sometimes give a result, but is generally temporary lasting only a few months, besides sometimes producing other side effects.

You are getting near the 6 month time limit for rejecting this vehicle so I would be wary of what else the seller proposes.