Hi everyone,having a nightmare here and wondering which way is the best way to go.I bought a 2008 car from a trader in October 2012 which had been serviced by them and came with a compulsory warranty supplied by the RAC. All appeared to be going well until December 2012 when I was driving along and the Oil Pressure light came on. As I was on a road where there was nowhere to stop safely I continued for a short while until I could pull over safely. this was only a matter of a mile or so. I checked the oil level and the car seemed to be running OK so I again continued for a short period, about another mile or so before an engine management light came on and I experienced problems with the vehicle. I therefore got the car recovered. To cut a long story short the car is with the trader I bought the car from and they have now informed me that I will have to pay a large proportion of the costs of repair as i drove the vehicle after the warning light came on. The total cost of repairs is estimated at £3200 and they expect me to pay £1500. They are saying that all the necessary repairs are caused by me driving after the initial warning. I believe that if the fault hadn't been there in the first place then none of the other repairs would have been necessary. Its a low mileage car and I wouldnt expect to have such a problem after two months.I am looking into the sale of goods act and possibly debit card chargeback scheme as it was paid for on a Nat West Visa debit card.Any ideas as to whether I am entitled to this as the dealer appears to be clouding the issue. I believe that the fault must have been there at the time of purchase but I am concerned that the dealer has the upper hand as he has the vehicle in for repairs at his own service centre.I really cant afford to lose out on this one and want to make sure I am within my rights before pursuing this.
sales of goods act and debit card chargeback on used car sale.
Collapse
Loading...
X
-
Re: sales of goods act and debit card chargeback on used car sale.
The Oil pump stopped working which, according to the traders servicing centre was caused by a build up of carbon. Whether that is true I have no idea. However, the failure of the oil pump stopped oil from going to the turbo and blew that. On this blowing it also affected the crankshaft and one of the pistons. The dealer had serviced the vehicle only two months before according to the service records in line with the provision of the compulsory warranty. I still haven't had a detailed list of the faults from the dealer despite asking for this on a number of occasions.
Comment
-
Re: sales of goods act and debit card chargeback on used car sale.
Do you mean the oil sending unit? If hot oil is left in the turbo it can cause coking as it solidifies in it.
I'm guessing that after the turbo blew, the car was restarted - this is what is likely to have caused significant damage to your engine.
Comment
-
Re: sales of goods act and debit card chargeback on used car sale.
If the car has been restarted then i can only imagine that the original garage the car went to did this or the dealers when they recovered it from the first garage.with regards to the oil sending unit, the only information I have been given is about the oil pump. I'm not mechanically minded so wonder if this would be the same thing or connected?Many thanks for your reply.
Comment
-
Re: sales of goods act and debit card chargeback on used car sale.
It's a tricky one, because either of you could be correct. It could be that there was a pre-existing problem which caused the damage. Equally, it could be that driving the car with the light on did the damage. It depends what caused the light in the first place, and there is no way of knowing that now.
I know you had no choice, but really you should have stopped driving the car immediately.
I don't see how you could claim a chargeback on your debit card, but would be pleased to be told I'm wrong. I think it is a case of arguing the toss with the garage, especially as the car is not old and has always been serviced by them. Is this a main dealer of multi-site salesroom, or is it a small dealer?
Comment
-
Re: sales of goods act and debit card chargeback on used car sale.
its a smaller dealer. I am looking down the route of the problem being a latent one which did not come to light for a while. The service manager has staed that there is a common problem with these vehicles but didnt inform me at the time of sale.
Comment
-
Re: sales of goods act and debit card chargeback on used car sale.
OK - sorry, I'm not familiar with this engine. The 2.0 HDi engine is a superb unit, but that doesn't mean this one is. I honestly think it's a case of you trying to cut your losses here. At the end of the day, you should have stopped when that light came on - you didn't. This could have caused the damage, nobody knows. I'd be inclined to state you're willing to meet part of the repair bill, but not that much.
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment