(Old thread) Fixed parts, sold car, new owner says part was never fixed!

SC Kevin · 12-01-2014 08:55PM

Bring your man down to the garage so its just you, him and the mechanic.

Tell him straight that you paid E350 for the timing belt and water pump to be done. Now ask the mechanic what he did...

If the mechanic says that he did change the belt and pump, turn to the new owner and say - "your problem - good luck!"

If the mechanic says that he only changed the pump, again turn to the new owner and say you brought it in for a new belt and pump, you paid for a new belt and pump (try and get the receipt asap) and you sold it in good faith. Then turn to the mechanic and tell him that he will be hearing from your solicitor and you will see him in court.

Personally i think the new owner is chancing his arm with the "friend of a friend" crap to try and scare ya.

cerastes · 12-01-2014 08:56PM

MadYaker wrote: »

Well if he is a family friend then id say its unlikely he screwed you over, so just get receipts off him for the work done, tell the buyer to feck off and you're grand.

From what the Op has said it seems clear that has happened already, the OP is adamant they payed for a timing belt and water pump (€350 suggests that) and the mechanic told the other person only a water pump was done. If the work was done it would have been straight forward the belt just snapped and its unfortunate for the buyer, but the mechanic probably knows this will now be looked at so to cover himself has told the truth and said it hasnt been done, despite charging the OP for it.

They would have been as well to tell the other person it was done if it was, but cant as its not the case.

Id go and query the work and get a receipt on the basis of protection from the buyer but really to cover yourself from everyone as someone else says, in case it gets unpleasant afterwards. Get the receipt than look for some of the money paid for the job that wasnt done, I wouldnt go near that mechanic again for work, sounds like a crook.

emeldc · 12-01-2014 09:04PM

kaimera wrote: »

Does this not come up a bit here where TB goes and even with a new belt, if the old/cheap tensioners are used may as well not bother?

Spot on there, a bit like changing a gearbox and not bothering to do the clutch.

dooroy · 12-01-2014 09:24PM

You didn't say what year Laguna but the 1.9 dsls often suffered a broken timing belt caused by a broken/fraying alternator belt .
The timing belt cover is made from little more than strong cardboard and if the alternator belt begins to fray it can damage the cover easily and find its way in under the timing belt causing it to break .
So see if alternator belt is intact - no ribs missing etc .

rockdj316 · 12-01-2014 09:31PM

dooroy wrote: »

You didn't say what year Laguna but the 1.9 dsls often suffered a broken timing belt caused by a broken/fraying alternator belt .
The timing belt cover is made from little more than strong cardboard and if the alternator belt begins to fray it can damage the cover easily and find its way in under the timing belt causing it to break .
So see if alternator belt is intact - no ribs missing etc .

It was a 1.6 01

_Kaiser_ · 12-01-2014 09:40PM

OP.. you sold the car privately and without any warranty. For that you more than likely sold it for less than the same car would cost at a dealer.

The buyer examined the car, was happy with it, bought it and paid you. The car is now theirs. From that moment on any problems with the car are no longer your problem.

By continuing to respond to them, you are only digging yourself a hole where you are giving support to the buyer's (mistaken) impression that you ARE somehow liable for this.

Reply one final time and say that you are sorry for the trouble however the car was sold as is, without any warranty, and the problem with it is now theirs (sure for all you know they drove the shyte out of it since they left your driveway)

As a side note, this is again why I would never sell a car privately. It's also why unless it was <2/2.5k I wouldn't buy one privately - there's just too many people out there who don't know the law, their responsibilities (or lack thereof), and the hassle that results.

Buying/selling a car privately may be fine if you know your cars, have done your research, and can fix it if it goes wrong - but that isn't 99% of Irish motorists.

I'll always pay the bit more and go with a dealer if for nothing else than it saves me having to deal with crap like this buyer is at, or as in the numerous similar threads posted here every month.

bigboss1986 · 12-01-2014 09:48PM

Kaiser2000 wrote: »

OP.. you sold the car privately and without any warranty. For that you more than likely sold it for less than the same car would cost at a dealer.

The buyer examined the car, was happy with it, bought it and paid you. The car is now theirs. From that moment on any problems with the car are no longer your problem.

By continuing to respond to them, you are only digging yourself a hole where you are giving support to the buyer's (mistaken) impression that you ARE somehow liable for this.

Reply one final time and say that you are sorry for the trouble however the car was sold as is, without any warranty, and the problem with it is now theirs (sure for all you know they drove the shyte out of it since they left your driveway)

As a side note, this is again why I would never sell a car privately. It's also why unless it was <2/2.5k I wouldn't buy one privately - there's just too many people out there who don't know the law, their responsibilities (or lack thereof), and the hassle that results.

Buying/selling a car privately may be fine if you know your cars, have done your research, and can fix it if it goes wrong - but that isn't 99% of Irish motorists.

I'll always pay the bit more and go with a dealer if for nothing else than it saves me having to deal with crap like this buyer is at, or as in the numerous similar threads posted here every month.

I hever had any problems buying from private sellers,but I do know how to check cars.Dealers are liers as well

keithclancy · 12-01-2014 09:48PM

rockdj316 wrote: »

Yeah basically I paid to get the timing belt and water pump done.Few days later sold it to the new owner.He was driving yesterday and the car packed up,he asked me where I got the car fixed and I told him.He got back to me today saying a friend of a friend knows the mechanic in the garage where I got the belt/pump done and now the mechanic is saying it was only brought in for a leaky pump so that's all they fixed.After I was told by them the pump and belt were done.
Genuinely don't want the guy thinking I knowingly sold him a dodgy car, especially when I sold it outside my front door and that too

Whatever story he is coming up with is irrelevant.

You should tell him that he should stop contacting you otherwise you will contact the Gardai and inform them he is harassing you after a request to cease contact.

If he continues to do so then follow up on it.

You sold the car in good faith, there was a fault after the sale. It's a private sale second hand.

This really is his problem.

But to be honest the more you talk to him the more you give him reason to call you and come up with more stories.

kaimera · 12-01-2014 09:49PM

@kaiser2k

buying from a dealer isn't as rosy as you seem to make it out to be either.

/offtopic

_Kaiser_ · 12-01-2014 09:49PM

bigboss1986 wrote: »

I hever had any problems buying from private sellers,but I do know how to check cars.Dealers are liers as well

True (well some of them), but at least you have more legal options if it does go wrong - private sales are entirely at the buyer's risk - which is also why they pay less than via a dealer

rockdj316 · 12-01-2014 09:56PM

Kaiser2000 wrote: »

OP.. you sold the car privately and without any warranty. For that you more than likely sold it for less than the same car would cost at a dealer.

The buyer examined the car, was happy with it, bought it and paid you. The car is now theirs. From that moment on any problems with the car are no longer your problem.

By continuing to respond to them, you are only digging yourself a hole where you are giving support to the buyer's (mistaken) impression that you ARE somehow liable for this.

Reply one final time and say that you are sorry for the trouble however the car was sold as is, without any warranty, and the problem with it is now theirs (sure for all you know they drove the shyte out of it since they left your driveway)

As a side note, this is again why I would never sell a car privately. It's also why unless it was <2/2.5k I wouldn't buy one privately - there's just too many people out there who don't know the law, their responsibilities (or lack thereof), and the hassle that results.

Buying/selling a car privately may be fine if you know your cars, have done your research, and can fix it if it goes wrong - but that isn't 99% of Irish motorists.

I'll always pay the bit more and go with a dealer if for nothing else than it saves me having to deal with crap like this buyer is at, or as in the numerous similar threads posted here every month.

Thanks for the reply kaiser2000,
To be honest I've done the same now myself.
I got my next car from a dealership this time around!
You've made great points there though!

discodaveirl · 12-01-2014 11:18PM

If i was you ring the mechanic and record the convo, it could be a case that he replaced the belt, it snapped and now hes trying to wash his hands of it. Whos to say the buyer didnt drive into a flood and hydraulic lock the engine snapping the belt? overheat the engine casing it to seize and snap the belt? change down to an inapproiate gear and cause the engine to over rev?

keithclancy · 13-01-2014 11:21AM

discodaveirl wrote: »

If i was you ring the mechanic and record the convo, it could be a case that he replaced the belt, it snapped and now hes trying to wash his hands of it. Whos to say the buyer didnt drive into a flood and hydraulic lock the engine snapping the belt? overheat the engine casing it to seize and snap the belt? change down to an inapproiate gear and cause the engine to over rev?

Again making it more complicated, recording a conversation is not admissible in court anyway without informing the person before hand that they are being recorded.

Sending him to the mechanic is not adding any value as the person who bought the car has no contract (didn't exchange any money) with the Mechanic.

Further contact is only prolonging a pointless conversation and increasing the chances of implicating yourself some say, e.g. you end up agreeing to compensate the person by being put on the spot.

Becoming a black hole for communication is the best course of action both legally and to make life easier for the OP.

ghogie91 · 13-01-2014 11:33AM

They bought it as seen

Therefore you can call them and say that the car was theirs when money exchanged hands and you are not responsible for them or their car

Caliden · 13-01-2014 11:49AM

keithclancy wrote: »

Again making it more complicated, recording a conversation is not admissible in court anyway without informing the person before hand that they are being recorded.

Sending him to the mechanic is not adding any value as the person who bought the car has no contract (didn't exchange any money) with the Mechanic.

Further contact is only prolonging a pointless conversation and increasing the chances of implicating yourself some say, e.g. you end up agreeing to compensate the person by being put on the spot.

Becoming a black hole for communication is the best course of action both legally and to make life easier for the OP.

Not true, at least one of the parties on the recording must give consent and if the person making the recording is on there then they can give consent.

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
See this case in 2006 - http://www.tjmcintyre.com/2007/12/admissibility-of-recorded-telephone.html

djimi · 13-01-2014 11:54AM

Caliden wrote: »

Not true, at least one of the parties on the recording must give consent and if the person making the recording is on there then they can give consent.

You got a link to back this up? Because it is generally understood that both parties must consent to the call being recorded before it has any legal basis.

Caliden · 13-01-2014 11:59AM

djimi wrote: »

You got a link to back this up? Because it is generally understood that both parties must consent to the call being recorded before it has any legal basis.

Added a link to my original post there of a ruling made by a barristers conduct tribunal in 2006

Tigger · 13-01-2014 12:04PM

keithclancy wrote: »

Again making it more complicated, recording a conversation is not admissible in court anyway without informing the person before hand that they are being recorded.

Sending him to the mechanic is not adding any value as the person who bought the car has no contract (didn't exchange any money) with the Mechanic.

Further contact is only prolonging a pointless conversation and increasing the chances of implicating yourself some say, e.g. you end up agreeing to compensate the person by being put on the spot.

Becoming a black hole for communication is the best course of action both legally and to make life easier for the OP.

It is permissible to record and use a phone call as long as one party (you in this case) is aware the call is being recorded.
I agree with the rest tho

Edit : I see Caliden beat me to it.

PLUG71 · 13-01-2014 12:05PM

The car was "sold as seen" end of story!

EazyD · 13-01-2014 12:06PM

Caveat Emptor, not your problem

keithclancy · 13-01-2014 12:19PM

Caliden wrote: »

Not true, at least one of the parties on the recording must give consent and if the person making the recording is on there then they can give consent.

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
See this case in 2006 - http://www.tjmcintyre.com/2007/12/admissibility-of-recorded-telephone.html

Even better reason to do nothing.

djimi · 13-01-2014 12:24PM

Caliden wrote: »

Added a link to my original post there of a ruling made by a barristers conduct tribunal in 2006

Fair enough. There seems to be a lot of opinion in those links, but I guess thats half the fun of law!

rockdj316 · 14-01-2014 08:36AM

Just a bit concerned now as I had it advertised as having the belt and pump done,which I thought they were and now 2 weeks later the car breaks down as apparently the belt wasn't even done in the first place

Superdedupity · 14-01-2014 09:37AM

Even if he bought a 13 yr old Renault from a dealer, he'd be getting told to hit the road now; whatever you buy, wherever you buy it from, you have to have a reasonable expectation of it.

He bought a 13yr old car, didn't look up or down at it and then thinks its someone else problem when it breaks. His problem.

People think they're clued in consumers now. Normally this just means when things go wrong because of their own lack of due diligence, they call scam. (plenty of threads on here atm)

@kaiser2000 you recommend buying always from a dealer if spending 2k+ to ensure you have legal recourse. Have you ever tried to use this option?

cintec · 14-01-2014 10:04AM

rockdj316 wrote: »

Just a bit concerned now as I had it advertised as having the belt and pump done,which I thought they were and now 2 weeks later the car breaks down as apparently the belt wasn't even done in the first place

it's been 2 days since your original post have you spoken to the mechanic in this time if so has he said if the timing belt was done or not?

If you haven't spoken to him pick up the phone or drop down to him get a definitive answer.

if the mechanic has said the timing belt is done ask for a receipt and then your covered.

rockdj316 · 14-01-2014 10:11AM

cintec wrote: »

it's been 2 days since your original post have you spoken to the mechanic in this time if so has he said if the timing belt was done or not?

If you haven't spoken to him pick up the phone or drop down to him get a definitive answer.

if the mechanic has said the timing belt is done ask for a receipt and then your covered.

Called up yesterday and it's closed,I'll try again today

professore · 14-01-2014 10:23AM

Normally they write the mileage in tippex on the engine if the timing belt has been done, e.g. T/belt 96K or something like that. At least our mechanic does. And he ALWAYS gives reciepts and we ALWAYS ask for them.

I've bought private cars and motorcycles before. Would NEVER assume the timing belt (or anything else) has been done, unless reciepts provided from reputable garage, and would check with the garage. Otherwise just add that to the cost of the car.

Is there any chance the mechanic is "in" with the new owner and they're trying to pull a fast one between them? Some people that come across as "nice guys" are sociopaths, they make you like them, and then stab you in the back.

The new owner is entitled to nothing from you.

The pedantic among you will say that motorcycles generally have chains, but to be even more pedantic, the VFR I have has gear driven cams ... no messing with belts or chains at all !!!

Red Crow · 14-01-2014 10:35AM

If the timing belt was done and the mechanic confirms it then it's just bad luck to the buyer.

If the timing belt wasn't done and the mechanic charged you for it then I'd be having a few words with him.

Either way it's got nothing to do with you.

jimb43 · 14-01-2014 02:11PM

keithclancy wrote: »

Whatever story he is coming up with is irrelevant.

You should tell him that he should stop contacting you otherwise you will contact the Gardai and inform them he is harassing you after a request to cease contact.

If he continues to do so then follow up on it.

You sold the car in good faith, there was a fault after the sale. It's a private sale second hand.

This really is his problem.

But to be honest the more you talk to him the more you give him reason to call you and come up with more stories.

read what this fine chap says , take it as gospal !!! and close the thread

have2flushtwice · 14-01-2014 10:18PM

Red crow, good post., if you had wrote this two days ago the thread would be closed in two posts!

Red Crow wrote: »

If the timing belt was done and the mechanic confirms it then it's just bad luck to the buyer.

If the timing belt wasn't done and the mechanic charged you for it then I'd be having a few words with him.

Either way it's got nothing to do with you.

(Old thread) Fixed parts, sold car, new owner says part was never fixed!

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