[ljstringer]

Bought a 10 year old navara d22 for £4000 from quite a reputable second hand dealer garage about 6 weeks ago. after the first week it had to go back as i had in the garage because it had no heating just cold air came from the heater. Mechanic found their was no sign of a thermostat and that it was to cover up a bigger problem and he thought it would need a heater matrix. as this was not stated in the description of the sale and never mentioned i took it back to them and they said that they would repair it. picked it up 5 days later and they told me all it needed was a new pump and that it was working, i found that on my way home it only got warm when i used the acceleration and that there was some smoke coming from the bonnet. not allot of smoke but some. 2 days later i found it began to wheeze and i heard a bubbling and hissing noise so i turned the engine of and opened the bonnet to find coolant all over the engine, and thick past like clay in the coolant. I instantly rang my mechanic who told me not to drive the pick up and to have it toad back to the garage as he suspected the head gasket had gone. So i had the recovery truck come pick it up and the recovery mechanic also said it most definitely looked like the head had gone and that the oil had mixed with the water? On arrival at the garage i was told that they would swap it but as soon as the mechanic had left they began telling me i would have to come up with more money for another vehicle or they would just fix the problem. I asked them to fix the problem and had to get a lift home from the garage, i have had such a nightmare with the hole ordeal but ill try not to go on about that. Any way a day later they rang me telling me it would be ready the following day as it only needed a heater replacement " Bolt off bolt on job " as the guy told me over the phone. As you can probably tell i am extremely worried about the hole situation and that they are just trying to stall the problem so that a few month down the line im going to have serious problems i have no idea how to deal with it and aren't sure if their telling me lies as i have no idea about vehicles all i no is how to drive one. Any help on my situation would be hugely appreciated? Please help?

Thanks
Luke

 

[Liam]

Bad luck mate, it definetly sounds like the head gasket has gone and not a simple "bolt on, bolt off job" as they've stated Was your D22 sold as seen or did you buy it with some sort of warranty or service contract Luke?

 

[ljstringer]

Hi there mate thanks for the reply! Bought as seen with a months engine and gear box warranty, the first time it went back it was within the 1 month but now its gone over because they have messed me about for so long! Just read another post about someone having problems with a 4 x 4 centre in Bradford it seems like iv ended up at the same place! Things are looking grim for me i think! Devastated iv got to pick it up tomoro knowing its still not right! Really don't no what to do when i get there!

 

[flinton1212]

Where are you from Luke?

George

 

[ljstringer]

Hi there, im from Halifax about 25 30 mins from the garage which is in Bradford! In traffic a bit longer.
The worst thing is i was laid of from work just before xmas, so bought the navara to start up on my own yet im letting customers down left right and centre and iv been extremely calm with the dealers and i feel as if they are using it as leverage and well taking the PI>> out of me!

 

[Kasey]

Hi

Just posted you a long reply that has got lost somewhere. I will attempt to repeat it.

If you are a consumer who bought from a trader then you have rights, under the old Sale of Goods Act and the newer Consumer Protection (unfair trading) Regulations. In this situation there is no such LEGAL term as 'sold as seen'. You always have the above rights. You do not need a warranty - most are not worth the paper they are written on.

I will stop this post here and start another with some options. That way you at least I am writing them, in case they get lost again.

KC

 

[ljstringer]

Really really appreciate this help, ill sit tight for the information!
Thank you

 

[Kasey]

If you are a consumer (member of the public - not buying as a trader) buying goods then you have rights under civil law.

Goods must be 'as described', 'durable', and fit for the purpose for which they were purchased.

If they are not and you find this out reasonably soon after you purchased them (six weeks is about on the limit) then you can take them back and request a full refund under the old (but still in existence) Sale of Goods Act.

If you are past that period you still have rights but they are now under the Consumer Protection (unfair trading) Regulations (CPR)

The CPR state:

1. The trader may be given an opportunity to repair the goods.

2. If this is not possible or reasonable (from both sides) then you may be offered a replacement. A replacement for a TV or washing machine is reletively easy - for a vehicle it is not and may involve money changing hands one way or the other.

3. A full refund, minus an amount equal to the use that the goods have had (in your case - not much if any).

All of the above is governed by the term 'reasonable'.

If a repair is undertaken it must be successful and it must be done within a 'reasonable' time period. If you are wanting to use your vehicle for your business that time period will be shorter than if you just use it once a week to do your shopping.

Any replacement must be agreeable to both parties.

There is also allowance in CPR for a consumer 'losing confidence or faith' in the trader. Yours is exactly the sort of case where confidence can be evidenced as being lost. In these cases it is reasonable for a consumer to say "No, you have had enough opportunities to repair this and you have failed". "No, I do not want a replacement because I now have no confidence that teh next vehicle you give me will be any better". Obviously that just leaves a 'full refund'.

Having said all this, there is no guarantee that a trader will show the white underside of his belly and give you what you want. If he does not then you will have to 'sue' him through the Small Claims court. This is a reasonable easy process that does not involve lawyers, just filling out some forms obtainable from a County Court or possibly even online these days. You outline teh facts from your side and teh trader tehn has to 'defend' his position.

This does cost a minimal amount but it is claimable against the trader when you win.

One thing that you can also do to strengthen your case (right from the start) is to get a qualified engineers report of what he considers the fault to be, whether in his opinion it would have been there when the vehicle was purchased, and what teh remedy would be, if any. If you are a member of teh AA or RAC then they can do this for you (for a fee) or any qualified engineer (but not a friend).

Hope this helps.

KC

 

[ljstringer]

That has certainly given me some confidence in the hole situation!
What i will do tomorrow is try an arrange an engineer from AA or RAC to come along to the garage with me i imagine it will be worth the money, weather it be tomorrow or sometime in the week at least then they will be able to rectify the problem wile its still with the dealers, and then that way i can try come to some sort of arrangement.
I cant thank you enough for the time you have taken to restore faith back into the situation iv been told by numerous "Friends" that if i have bought it second hand i don't stand a chance in getting anything from them!
i will certainly let you no how i get on weather it be tomorrow or one day next week! I hope i can sort it for tomorrow but ether way ill post to let you no how it goes, hopefully it wont have to come to a legal battle fingers crossed!
i might just get some sleep now.

Thanks again

Luke

 

[Liam]

Well KC's instilled some hope in the whole situation mate and it looks like you could have a case which is really good artycheer: It would be of great help to take a fitter with you mate, they couldn't pull the wool then :thumbleft: Keep us in the know Luke and good luck