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Old 11 May 2010, 05:32   #31
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I phoned the bloke as soon as it happened and have been in contact every day since. Initially it looked like just the head gasket had gone, which he agreed to pay for the repair of. I took it to Pete7's Landrover mechanic "Crazy John" who seems to know his stuff. He took it all apart and discovered pistons 2 and 3 had "picked up" (what exactly does that mean?), the head I believe has warped, the gasket of course needs replacing. It would seem this is all a result of a dodgy radiator.

John has quoted me 1500 to supply and fit a replacement engine, rad, and a few other bits he thinks it needs.

As soon as I told the seller about the engine trouble he became a little less helpful, although was still polite and said he would help on the phone. I'm now struggling to get hold of him; yesterday I rang for an update and got his wife who told me he was too ill to talk to me on the phone

My current plan is to pay to get the engine changed and get the car back on the road; at the mo I'm without wheels which is a total nightmare. Going to hire a car later today. Once the repairs are done, I shall be sending a bill for repairs and car hire to the seller. I suspect he won't pay it, in which case I will take him to the small claims court and see where I get.

Also, I didn't test drive the car before I purchased it, which I believe from my legal friend works in my favour.
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Old 11 May 2010, 08:33   #32
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My current plan is to pay to get the engine changed and get the car back on the road; at the mo I'm without wheels which is a total nightmare. Going to hire a car later today. Once the repairs are done, I shall be sending a bill for repairs and car hire to the seller. I suspect he won't pay it, in which case I will take him to the small claims court and see where I get.

Also, I didn't test drive the car before I purchased it, which I believe from my legal friend works in my favour.
I think this is the right approach. You might want to write to (or at the very least communicate with) the vendor telling him what you're planning to do rather than springing the repair bill on him. This gives him the chance to offer a full refund.
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Old 11 May 2010, 09:05   #33
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I think this is the right approach. You might want to write to (or at the very least communicate with) the vendor telling him what you're planning to do rather than springing the repair bill on him. This gives him the chance to offer a full refund.
in fact legally I don't think you've a right to recharge him for the repair cost (and certainly not for your hire care). Your rights are to return the goods as not fit for purpose and demand either he makes it good or he refunds you. If he refunds you he keeps the car. He'll be allowed a reasonable period of time to respond to your written requests as well (say a week). Pressing ahead with the work without his authorisation and without him having had the chance to get it inspected or offer a refund may invalidate your "claim".
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Old 11 May 2010, 09:34   #34
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he has a right to repair,trust me he will not want to be paying another dealers/mechanics bill
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Old 11 May 2010, 09:38   #35
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in fact legally I don't think you've a right to recharge him for the repair cost (and certainly not for your hire care). Your rights are to return the goods as not fit for purpose and demand either he makes it good or he refunds you. If he refunds you he keeps the car. He'll be allowed a reasonable period of time to respond to your written requests as well (say a week). Pressing ahead with the work without his authorisation and without him having had the chance to get it inspected or offer a refund may invalidate your "claim".
This is why I advised contacting the vendor before proceeding and putting him on notice.

I suspect that ultimately the Small Claims Court would look quite kindly upon Tim, he's tried to address the problem with the owner, the vendor has avoided calls, Tim needs transport, car sold (by dealer) would fall foul of the Sale of Goods Act.

Additionally consumers can demand damages (Supply of Goods and Services Act 1982) which a court would equate to the cost of a repair.

It's not, as you mentioned earlier, clear cut. However the law would seem to be on Tim's side.
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Old 11 May 2010, 09:55   #36
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the vendor has avoided calls
that will be quite hard to prove. It is of course possible that the guy is ill.
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However the law would seem to be on Tim's side.
Bearing in mind of course that we have only heard it from Tim's perspective; once in court the guy will say something along the lines of:

- the radiator was fine when it left him - Tim has obviously damaged it and this is the consequence or Tim's damage not an intrinsic defect
- Tim obviously drove it for 400 miles without checking the water levels
- he didn't get the car returned for inspection
- he wasn't given an opportunity to repair it himself at considerably lower cost
- he was always available during normal working hours, but Tim just happened to be unlucky
- he never got any written request for repairs / refund until after the work was done

etc...

So far better to sort it out without needing to go down the court route.
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Old 11 May 2010, 10:27   #37
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Didn't it overheat to start with warning that the gasket was about to go?
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Old 11 May 2010, 10:29   #38
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Barristers, Solicitors, Accountants allegedly

First meeting your 100% in the right
Second well things could be more difficult
Third it'll be 50/50
Fourth here's my bill and I'd do a deal with them if I was you
Looks like we're getting here! only a matter of time
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Old 11 May 2010, 11:56   #39
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How was it described?. As he is obviously "in the course of a trade or business", a requirement for TDA to kick in, then if the item has had a false trade description applied to it (which is false to a material degree) then there may be a criminal offence which trading standards could investigate for you. That would be free, and if found guilty then you could apply for damages at the criminal hearing. However if you let someone else faff with the engine etc in the meantime your evidence is going to be compromised. All depends if there was a false trade description though. How long had the seller had the vehicle-assuming of course he is in the "logbook"/V5.
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Old 11 May 2010, 17:17   #40
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Tim

Bad luck, you have my sympathy but please don't let all the positive well wishing on here make you think you have a case.

You bought a well used vehicle for a small % of the original price, you drove it for several days and clocked up nearly 500 miles and it broke.

There has been no "criminal offence here".

No barrister can state a case is cut and dry easy win unless he is trying to get the work.

The vehicle was fit for purpose when you bought it, proved by the fact you drove it for the first three days (with a very high mileage). You had even done 2 journeys over 150 miles, (pro rate this equates to a 60K miles a year usage).

If he is a trade seller may not even be in the logbook.

If I were in your position and the seller had agreed to pay something towards the problem then I would just accept his offer and move on with life.

Shit thing to happen but thats life.
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