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Mark
Mark, Technician
Category: Car
Satisfied Customers: 1504
Experience:  Qualified City & Guilds
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Hi there, awesome site and thanks for sharing ur profesionalism

Customer Question

Hi there, awesome site and thanks for sharing ur profesionalism ! I found you're site in my search to make sure i take the right steps with this most recent problem i have with an impreza p1 xreg 2000. The bolt that holds the cam shaft pulley had snapped in two, obviously causing the engine to die. I had the vehicle recovered to my nearest local garage. However....3 months ago i purchased the car, and on my trip to take it back to them to sort a notch/1st gear crunch the bottom end went on me. So anyway the car was left with them to rebuild the engine so obviously they dis assembled the part in question ( cam shaft pulley bolt) and re assembled. I was told to bed the new engine in softly for 1000 miles then have the engine oil changed..so i had this done at the same local garage mention before. And it was within the 1st 100 or so miles of this oil change that the bolt snapped on me. Please help me in taking the right steps here, cos i wouldnt at all be suprised if im expected to fit the bill. Also one important piece of information that is worrying me...is i never pushed for any paperwork giving me evidence of them guarantee'ing the work they'd done :/ oh also, the bolt quite clearly shows 2 different planes...one where it snapped and one really small one approx 1-2mm further up with a more blackish colour (suggesting a crack basically). That is the crux of my question, i hope u can help me. Thanks Marc
Submitted: 2 years ago.
Category: Car
Expert:  Mark replied 2 years ago.

Mark :

Hello, my name is Mark and I will try help you with this.

Mark :

Are you looking for technical advice or legal advice?

JACUSTOMER-cj276vuk- :

O hi there. not 100% just some professional advice i guess :)

JACUSTOMER-cj276vuk- :

as explained in my question, im not 100% the work done had been guaranteed ...do u think this sounds possible form a garage doing an engine rebuild . And/or how am i best to fight/represent myself in this situation ?

Mark :

I can only answer technical questions.

Mark :

On some engines it is a requirement to use new bolts and they be torqued to a certain figure.

JACUSTOMER-cj276vuk- :

do u think evidence of a crack on the bolt itself can point towards anything specific at all ?

Mark :

The cam pulley bolt is not one that requires replacement although it should be torqued

Mark :

If it is cracked then it may have been over torqued.

Mark :

Did you buy the car from a garage?

JACUSTOMER-cj276vuk- :

i did

Mark :

Did you pay cash or finance, credit card etc.

JACUSTOMER-cj276vuk- :

i have an invoice saying a full timing belt kit replaced ..

JACUSTOMER-cj276vuk- :

credit card

Mark :

You bought the car with a credit card?

JACUSTOMER-cj276vuk- :

yer

Mark :

You might be in luck

JACUSTOMER-cj276vuk- :

dont deal in luck like :)

Mark :

You should contact your local trading standard or citizens advice office.

Mark :

You have more rights under the sale of goods act.

JACUSTOMER-cj276vuk- :

the rebuild took place 7 weeks ago, however they had the car for a number of weeks also...so iv had the car longer than 3 months

JACUSTOMER-cj276vuk- :

why did u say i might be in luck ?

Mark :

This engine has had two major failures in less than 1200 miles

JACUSTOMER-cj276vuk- :

unlinked failures tho

Mark :

Because you have rights under the sale of good act and you bought the car with a credit card which also makes them liable for its condition at the time of sale.

JACUSTOMER-cj276vuk- :

sounds like a fight to me though :/

Mark :

No. The failure second time could be due to poor workmanship from the first failure.

Mark :

It could be a fight. It depends on how you approach it.

JACUSTOMER-cj276vuk- :

poor workmanship yer, but not linked to the 1st failure in any way tho .. ?

Mark :

What was the bottom end failure?

JACUSTOMER-cj276vuk- :

description of work done is ...investigate engine noise, advise bottom end renuild, remove engine, strip and rebuild with new gaskets \nd seals, crankshaft regrind with new bearings, replace 3 pc clutch kit , full timing belt replaced

JACUSTOMER-cj276vuk- :

also, they failed to seal the rocker covers properly as well , one was dripping (or so to speak) the other was damp

Mark : Sale of goods Act 1979 (as amended)

If you want protection when you are shopping, this is the law you need to know.

The Sale of Goods Act 1979 (as amended) is crucial for consumers because it refers to laws which have extended the basic 1979 Act and using the phrase tells the trader that not only do you know basic consumer law, you know it has been amended too.

The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet.

The goods must be:

  • as described
  • of satisfactory quality
  • fit for purpose

As described refers to any advert or verbal description made by the trader.

Satisfactory quality covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale.

Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.

If you buy something which doesn't meet these conditions you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too.

Note however that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has no legal redress against the seller, just that he/she isn't entitled to a full refund.

Instead a buyer is first and foremost entitled to have the goods repaired or replaced. If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).

The act covers second-hand items and sales. But if you buy privately your only entitlement to your money back is if the goods aren't 'as described'.

If goods which are expected to last six months don't, it'll be presumed that the goods didn't conform to the contract at the time they were bought unless the seller can prove to the contrary.

In all other situations it's for the consumer to prove their own case (that is, that the problem existed at the time of the contract). This will prove more difficult the longer you've had the goods. Subject to this a consumer has six years from the time they buy something in which to make a claim irrespective of how long the goods actually last.

JACUSTOMER-cj276vuk- :

the invoice was £1800 , but we came to agreement that id pay 700 of it ...as they seemed to think that their rac warranty did not cover this lol

Mark :

You have a claim on fit for purpose.

Mark :

Quality

Mark :

They have stitched you up.

Mark :

You shouldn't have paid for anything.

Mark :

You can also claim against the credit card company as they are also liable under the Act.

Mark :

You bought the car with 1. A gearbox/clutch fault.

Mark :

2. A bottom end engine fault that occurred on the way back to have item 1 repaired.

Mark :

3. A further engine fault 1000 miles after an engine rebuild.

Mark :

They sold you a pup.

Mark :

And then charged you for some of the repairs.

Mark :

Because the warranty wouldn't cover it. (They thought)

Mark :

You need to see trading standards or citizens advice.

JACUSTOMER-cj276vuk- :

but then who knows, and the only way to find out is to employ profesional investigators ...n my mother will not want to fight this case i think as the car is under her name. Im just trying to investigate for her atm ..

Mark :

It doesn't require anyone.

Mark :

You have the sale of goods act.

Mark :

Did you read it above?

JACUSTOMER-cj276vuk- :

yer i did thanks , briefly

Mark :

Do you not see where it covers you?

JACUSTOMER-cj276vuk- :

it sounds the sort of thing to me that needs to be fought in the court tho ..

Mark :

It wont go that far.

Mark :

Usually the threat of trading standards will be enough.

JACUSTOMER-cj276vuk- :

yes of course...but theres 2 sides 2 every story...where they could say anything. therefore leaving it up to me to prove it. as the 2 faults are un linked ...and it could just be coincodence for everything else etc

Mark :

It doesn't work that way.

JACUSTOMER-cj276vuk- :

ahhh i see. u mean for giving them a bad name or so to speak ??

Mark :

Yes

Mark :

Also they cannot deny the fact that 3 faults occurred within 1200 miles of you buying the vehicle in less than 6 months.

Mark :

Some of which time was when it was in there garage for repair.

Mark :

Do you know what your other option is?

JACUSTOMER-cj276vuk- :

no i havent come to any conclusions yet. mother spoke to him on monday and he seemed polite enough, however he said his mechanic/s are not there for a week ( maybe another lie, but who knows )

Mark :

You can always just accept everything he says and pay whatever bill he gives you and keep doing that anytime something else fails.

Mark :

I know what option I would chose.

Mark :

choose.

JACUSTOMER-cj276vuk- :

indeed.

JACUSTOMER-cj276vuk- :

and we intend to do whatver suits. errrmm so guess im thinking that we are not to hacve it investigated for damage by themselves but however to pursue them for my 6k back before any investigations type thing ..

Mark :

Yes

Mark :

Contact trading standard and citizens advice.

Mark :

They will normally help with the process and contact the garage on your behalf.

JACUSTOMER-cj276vuk- :

oh ok

Mark :

You should also inform the credit card company of all the problems you have had with the car and get them involved.

Mark :

They might be able to reverse all the charges and force the garage to repay.

JACUSTOMER-cj276vuk- :

via email (credit card company) or does it not matter

Mark :

email is better as it provides proof.

Mark :

I would also phone initially to tell them you will be emailing them.

JACUSTOMER-cj276vuk- :

cool ty

Mark :

No problem

Mark :

Please remember to rate my assistance and good luck.

Mark :

Mark.

JACUSTOMER-cj276vuk- :

well u did say u were only able to give me technical advice, but ur legal advice is quite good too ;)

Mark :

lol

Mark :

Been in the trade too long.

JACUSTOMER-cj276vuk- :

i will, also will this chat be sent to my email or do i have to press the 'save and exit' below b4 u leave ?

Mark :

You should copy and paste it into a word document.

Mark :

But it will always be here for access to you.

Mark :

I have to go now. School run.

Mark :

Bye.

JACUSTOMER-cj276vuk- :

thanks Mark

Mark :

Could you please rate my assistance.

Mark :

Thanks again

Mark :

Mark.

Mark :

Please remember to rate my assistance.

Mark :

Thanks.

Mark :

Mark.

JACUSTOMER-cj276vuk- :

Hi mark, just to let u know iv been keeping this page open in case i need to retrieve any information or take a snap shot of the page at any point. I have saved it in a word document but dont want to risk getting rid of it in case iv missed any important info. Iv sent an email to trading standard and waiting for a repky back from them. So hope its not causing any inconvenience for u.? And i will be sure to rate ur asistance too when i do shut it down . Thanks

Mark :

Rating my assistance does not deny you access to this page whenever you want.

Mark :

You can rate me so that I get paid for my assistance and you can even still contact me through this page for further information if required.

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