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Discussion Starter #1
Hi everyone, this is my first post so I'm not sure what's expected of me, so apologies if I appear rude! :)

I bought my 2007 207 1.4 petrol 16v in May as my first car, and 3 weeks later it developed a severe oil leak and kept overheating, and turned out the head gasket and cam belt needed replacing. I took it back to the dealer and they fixed it as it was under warranty, but a week ago I noticed there was a new oil leak under the driver's seat (not as bad as the previous one) and I am wondering if anyone has any idea what could be the problem? There is no difference in the way it feels to drive, sometimes the rev count seems to be quite hight but not always, so I'm not sure if this is something to do with it? :confused:

I'm sorry for being so vague, my car knowledge is pretty much non-existent, I just want some idea as to what the problem is before I take her to the garage and find myself bankrupt :p

Thank you for all of your help in advance :)
 

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Mr.

Take it to a garage, the one you got it from if you can, get them to tell you what is wrong (make them write it down) and then post the details here for advice.

Regards,
Colin.
 

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Discussion Starter #3
The head gasket needs replacing, which leaves me with a dilemma as it was only replaced in June.

Do you think it's likely that I have been scammed?

Any advice would be appreciated, so far I am thinking either:
a. Fix it and sell it on? I'm not sure I like the risk of keeping it if this will become a regular thing.

b. Sell it as is?

c. Get a different garage to fix it and keep it, if it seems likely the other garage wasn't completely honest :p

Thank you for advice so far.
 

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d. Take it back to the garage you bought it from and tell them that they have not fixed the fault it was sold with, you are now rejecting it and you want your money refunding. You have 6 months from the date of purchase in law to do this so if you bought it in May you need to move quickly. Up to you whether you want to give them another chance to repair it properly. If you do so then insist on a written warranty on their work.
 

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common mistake thinking you have 6 months for a refund.

its a bit sketchy as to whether the sale of goods act/trades description act applies in the same manner to used car purchases.

even if it was applied in the same way as electronics, yes you get 6 months to reject it but that doesnt mean a full refund. it means the dealer must rectify the issue if it was known to be present at sale. if a fault develops on any used car purchase within 6 months, that doesnt then give the right to return it and/or get it fixed for free. used cars are far too risky for this to apply. if you can prove they didnt do it properly the first time, you may have a case. this is almost impossible. alternatively, speak to the dealer and explain they have 'fixed' this once before and obviously wasnt a long lasting solution. they may offer to contribute to the repair, they might not.

something like a headgasket isnt black and white. it could fail if you let it run low on coolant, for example, and that would mean the dealer has no liability.

because of this, i would be very weary of going to the dealer demanding a full refund. it wont end well.
 

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this new act, which i admit i wasn't aware of, is valid only from 1st october 2015.

however, my point still stands that you dont automatically get a full refund if within 6 months. partial, potentially, as i explained above

as the purchase was made many months before that, it may not be valid in this instance. for example, if you are prosecuted today for a crime 20 years ago, you are tried against the law which existed 20 years ago, not the current law. the same could apply in this instance in that it would fall under the old sales of goods act which wasn't as generous.
 

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The new Act is not relevant here.

The relevant text is below:-

"You have to invoke the Sale of Goods Act 1979 Part II Section 14, as modified by the Supply of Goods and Services Act 1982, subsequently modified by the Sale and Supply of Goods Act 1994, contending that the supplier is in breach of contract to you for supplying a car which was not "of satisfactory quality", or did not remain so for a reasonable period of time. Appeal Court Case law (Bernstein v Palmerston Motors 1987) has held that the supplier must be given three chances to rectify the fault for which the goods are rejected and must have failed to do so. The goods must be returned to the supplier together with all keys and paperwork. (Scott and Scott v Blade Motor Company 1997.) And the supplier (in the case of a car the dealer principal of the dealership) must be sent a letter by recorded delivery detailing why the car has been rejected as not "of satisfactory quality". Case law (Rogers v Parrish 1987) has put a limit of 6 months on the time you can successfully reject a car and obtain a full refund, though lesser refunds, taking account of mileage covered, may be obtained outside that period. The price you pay compared to market value will be taken into account."

I believe the OP may have a very strong case if the seller has failed to satisfactorily repair the head gasket in June, 3 weeks after purchase. There is no doubt that the car as supplied was not of satisfactory quality if it required a new head gasket and cambelt almost immediately after purchase.
 

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The above comments are interesting but if you want legal advice I would suggest Citizen's Advice as a first stop, then a lawyer.

I would agree the practical way forward would be to take the car back to the repairer and ask them to redo the repair at their expense. They may be reluctant to do so and ask you to pay for parts etc. but give them the opportunity to respond. Most garages will be glad to come to a compromise. I would not start thinking of anyone being "dishonest" until there is more evidence. Mistakes and errors happen.

If the garage declines to make a reasonable offer then seek legal advice, if you have time. Get their refusal in writing, even if it means you summarising what they say and putting it on an email to them. Using the car in this condition could cause very serious damage very quickly. And if you need the car on a daily basis, you are in a difficult position.

Best of luck.

Regards,
Colin.
 
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