secondhand car consumer rights

noel100bc

I bought a '02 scoda fabia 3months ago from a seller who discribes himself as a car dealer on his website and he said the engine had been given a full servicing by them. The head gasket went last week and while car is in good working order and has a valid NCT, the engine shall need major work or replacment.
I wasn't given a written warrenty. Does anyone know what my consumer rights are.

pippip

If you have no warranty then dealer has nothing to do with it.

Your only rights are if the car was sold and the dealer knew it wasn't roadworthy.

You got three months before the problem so unfortunately its just bad luck.

noel100bc

while i don't want to be mean/rude. Are you sure, I don't know you. You could even be the guy who sold me the car (LOL..) I was told that there was a change in laws about a year ago. A seller now is lible for parts for three months and major faults for a year, simulare to when you sell your house.
Failing all, do you know where i would get an engine?

pippip

Cant say I have ever heard of that and if it did exist what would be the point in a warranty?

Sorry plenty of threads here with people asking the same question as yourself and the same answer on all of them.

Are you sure it needs a new engine? generally a head gasket, all be it alot of work, would rarely involve a new engine.


This thread estimates 400-600 for a head gasket change on a 206 peugot. http://www.boards.ie/vbulletin/showthread.php?p=77574386

sean1141

A full service has nothing to do with a headgasket. How long of a warrenty were you told you had?

You could hardly expect more than 3 months on a 10/11 year old car, and if you didn't get it in writing you basically have none. It most likely would have been fine when it was sold to you. Things fail on cars, its all part of having one.

Is the car still driving? Did it boil or what happened it?

noel100bc

engine change, the mechanic though might be easier/cheaper option. gaket change on small aluminium block engines rarely works properly again and will only be setting me up for another bill in future.
The mechanic said the engine had over heated and will need to get skimed. he said the mechanic who serviced and changed the timing chain would have known it had engine damage. Other than engine, car was a good little purchase.
could be a case of "suck it up cup-cake"

pippip

A few of the other lads on here will be able to answer the mechanical questions for you when they appear.

To me a new engine is bordering on cost of repair = cost of car

L-M

http://www.citizensinformation.ie/en/consumer_affairs/motoring/

http://www.nca.ie/nca/car-servicing-repairs

The information available to the public is all above there which you are more than entitled to read.

When you bought the car, you must of either been told you had some form of warranty or you didn't?

If you weren't told about any warranty then you should be entitled to a warranty for a reasonable amount of time after purchase depending on the age and the history of the car. In the case of a 10 or 11 year old Fabia I would imagine a very small warranty would be "reasonable", so a headgasket going three months on which could be down to a number of reasons, I would imagine would not be covered unless you have a piece of paper stating you have a warranty and it is within that given period.

Supergurrier

Doubt the car is worth the hassle tbh, can't be even worth the price of a new unit and fitting it

Mindful

Limerick man wrote: »

http://www.citizensinformation.ie/en/consumer_affairs/motoring/

http://www.nca.ie/nca/car-servicing-repairs

The information available to the public is all above there which you are more than entitled to read.

When you bought the car, you must of either been told you had some form of warranty or you didn't?

If you weren't told about any warranty then you should be entitled to a warranty for a reasonable amount of time after purchase depending on the age and the history of the car. In the case of a 10 or 11 year old Fabia I would imagine a very small warranty would be "reasonable", so a headgasket going three months on which could be down to a number of reasons, I would imagine would not be covered unless you have a piece of paper stating you have a warranty and it is within that given period.

I have a somewhat similar issue. The NCA informed me that if the fault is not something which can be reasonably expected to happen in a car of the year, mileage and price that you paid, then you are entitled to a full refund or a replacement. This is a constitutional right under the sale of goods and supply of services act 1980, which supercedes any warranty or lack thereof.

I would get on to the NCA with the details and see what they say. In my case I am covered under Irish law but the dealer doesn't see it that way (of course!) so ill have to go legal with it.

L-M

Mindful wrote: »

I have a somewhat similar issue. The NCA informed me that if the fault is not something which can be reasonably expected to happen in a car of the year, mileage and price that you paid, then you are entitled to a full refund or a replacement. This is a constitutional right under the sale of goods and supply of services act 1980, which supercedes any warranty or lack thereof.

I would get on to the NCA with the details and see what they say. In my case I am covered under Irish law but the dealer doesn't see it that way (of course!) so ill have to go legal with it.

That's a very broad statement.

What car is it? What did you pay? What is the mileage and history? Start a new thread if you like.

corktina

pippip wrote: »

If you have no warranty then dealer has nothing to do with it.

Your only rights are if the car was sold and the dealer knew it wasn't roadworthy.

You got three months before the problem so unfortunately its just bad luck.

this advice is wrong. You do have rights as outlined by Limerick Man,. However I agree with him that after 3 months on an old car like that, it wouldn't be "reasonable" to expect any comeback on a Dealer.

L-M

corktina wrote: »

this advice is wrong. You do have rights as outlined by Limerick Man,. However I agree with him that after 3 months on an old car like that, it wouldn't be "reasonable" to expect any comeback on a Dealer.

I was refering the 3 months to a maximum. I know of Main Dealers offering a 3 month warranty on non franchise cars and this isn't limited to sub 10k cars.

Mindful

Limerick man wrote: »

That's a very broad statement.

What car is it? What did you pay? What is the mileage and history? Start a new thread if you like.

Apologies if I caused confusion.

I'm not talking about my case for any other reason than to offer it as an example to the OP. If he/she were to contact the NCA with his specific details I'm sure they would advise for his/her specific case.

I'd rather not go into my case specifically as it will be in the hands of solicitors from now on.

Namaste

Mindful

Edit: Double post

visual

Mindful wrote: »

Apologies if I caused confusion.

I'm not talking about my case for any other reason than to offer it as an example to the OP. If he/she were to contact the NCA with his specific details I'm sure they would advise for his/her specific case.

I'd rather not go into my case specifically as it will be in the hands of solicitors from now on.

Namaste

Wish you luck be mindful the solicitor gets paid win or lose.

noel100bc

tks all, as the flight surgeon said to yossarian "it's catch 22"...

Senna

noel100bc wrote: »

he said the mechanic who serviced and changed the timing chain would have known it had engine damage.

What damage was there previously? Did the dealer/guy that sold the car have the timing belt done himself?