scooby.speed

My daughter bought a 1.o Corsa 3 cylinder! car 19 days ago. On a driving lesson yesterday she stalled and it wouldnt start

AA cam and towed it home an run a cylinder compression test. Cylinders 1&3 fine but No 2 dead. His diagnosis is camchain jumped will need a rebuild.

Spoke to a local garage who have quoted £500 inc parts and labour

my query is COULD I CLAIM FROM THE TRADER WHO SOLD THE CAR TO HER? she bought it from his home address. I have spoken to another trader who ive had a few cars off in the past and he say "if its within 30 days, she should be covered whether he offered or didnt offer her a warranty"

can anyone else help confirm this?
can anyone shed any light on the failed 2nd cylinder as the AA said it should still run with a cylinder down on a bump start though he wouldnt do that for fear of worsening the damage

cheers

pslewis

I'm not sure how Cylinder 2 can be affected but 1 and 3 are not??

Maybe I'm missing something, but - if the CamChain had jumped, the timing would be out on all cylinders, surely?

Whatever, you have a claim against the Trader - he may wish to use his contacts in the trade to fix it - but, I would 'reject' the car ........ timing is VITAL!! Act fast!

scooby.speed

can you or other members confirm that she can claim within this 30 day period the trader talked about. I am genuinely grateful for your reply Pete but if you or some else can please help me with a legal position it would be very appreciated .

remember she wasnt offered a warranty its just the guy i spoke to today said she is covered

oh by the way the guyt she bought it from said a camchain wouldnt be covered under a warranty anyway as thats a serviceable item! is this also bo11ocks?

as you say Pete the clock is ticking so please anyone out there halp

scooby.speed

as above

340BHP-WRX

iTrader: (6)

I can't offer any legal advice but I will say this-DON'T believe what the AA tell you alone,get a mechanic to check the car over and see what they say.

I've had some very bad experiences with the AA myself and know of quite a few people who have told me the same

If you haven't already done so,get a second opinion on what is wrong with the car.

merlin24

iTrader: (1)

Agree with 340BHP-WRX - get a second opinion!!
Sounds more like bent/burnt valve's,piston/rings or even tight tappets causing one dead cylinder.
Good luck in your legal case and getting your money back.

Mick

scotthldr

Not to sure on your legal standing? Was it bought from a trade outlet or private sale? Not to sure about the laws in England as they differ to Scottish law but if it was sold as seen then I don't think you have a case. Contact your local Citizens Advice Centre they will keep you right.

pslewis

Sorry I didn't respond again last night - went out at 9pm.

What I have found is this:-

"If you buy from a dealer - and that applies to plush showrooms down to individuals who deal from home - you have rights under the Sale & Supply of Goods Act 1979.

These are that the car must be of satisfactory quality (bearing in mind its age), must be as described, and must be fit for its purpose. This means that it should be free from defects other than any you've been told about, should be exactly what you've been told it is, and should do what you might reasonably expect of it, including any particular purpose you have specified to the seller.

If you feel your purchase does not meet one of these requirements, you have a short period after buying it in which you may be able to reject it completely. To do this, you must stop using the car immediately and contact the dealer. Then you must follow your complaint up in writing and give evidence for any problems, including to any finance company you have used to fund your purchase. You will need to get an independent assessment of the car and possibly, if the rejection is disputed, take legal action to recoup your money.

If in a dispute with a dealer, you should also check whether they belong to any trade associations, what their policies are and whether the dealer is abiding by them. Also consider involving the Trading Standards department of your local council.

If you need to take legal action, you can make claims up to £5,000 in value using the small claims courts. Above this, you may need to employ proper legal representation for full court proceedings.

Alternatively, the dealer may offer to repair or replace the car. If you choose a repair, ensure the dealer provides you with a courtesy or hire car, or pays your travel costs while the repairs are being made"

and:-

"If your car is faulty, you have six months from the date of purchase in which you can reject it. You can demand repair or a replacement, unless it would cause 'disproportionate' or 'significant inconvenience' to the seller.

Examples of this would be if a repair would be as effective as a replacement, or if a price reduction would be more appropriate for minor defects.

Dealers must now prove the vehicle was of satisfactory quality when it was sold. This means you no longer need to seek an independent inspection.

However, if you believe your car is faulty, you must stop using the car immediately, and contact the dealer directly. You need to follow this up in writing, providing evidence of the problems"

Interestingly, and worth noting by EVERYONE reading this:-

"However, if you pay for the car to be inspected, the dealer is not responsible for any faults the inspection should have found and you should always get a statement on the car's condition from the dealer"

I'm shocked by that last statement ..... No wonder the dealers tell you to get an Inspection done!!!