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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I bought a 1.2 Diesel Vauxhall Corsa in March 2014. The salesman

Customer Question

I bought a 1.2 Diesel Vauxhall Corsa in March 2014. The salesman never explained that a diesel car needs to be driven in a certain way and have ended up with a seized turbo in March 2015 that vauxhall had to replace and ended up costing me £400 (Vauxall said it should be a £1000 but they were willing to cover 60% as the car had service history was only made in 2010 and had only done approx 33000) after paying for other repairs to the car dealership which didnt rectify the problem. After a month of fightin for it I managed to get a full refund from the dealership but only weeks after having the car back I can see the early signs of the same problems arising. I am tied into a 5 year finance deal on this car and wonder if theres a way I can approach Vauxhall to get me out of it due to the car not being fit for purpose. I have already emailed them for advice but if I have to seek legal advice then i will. I cant see how it is fair on any level to continue to drive a car that requires me to waste fuel driving on longer journeys in high revs just for the fuel filter to cleanse and not clog and then seize the turbo when it also has been fitted with a contradicting light that tells me to change gear when im in high revs. Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think this may not be fit for purpose?
Customer: replied 1 year ago.

I drive the car as any person would normally drive their car. When the cars revs get to a certain point where fuel consumption is high it tells me to change to a lower gear. which i do. which means lower revs. but if i continue to drive with low revs the diesel filter clogs and i get a warning light and then the more time passes, it creates a back clog, then the turbo seized. costing me £400 to fix. its an endless circle. The things that started to happen at the start last time is happening again. how is that fit for pupose if eventually the turbo will probably keep seizing. the car is breaking itself. am i meant to keep paying for it?

Expert:  Jo C. replied 1 year ago.
Well, that is the downside of diesal turbo. You don't get the same performance as you do from a petrol engine.
But what is wrong with this particular engine as opposed to diesel generally? Do they accept a fault exists in principle?
Customer: replied 1 year ago.

As previously stated I havent received a reply from them. I understand thats just how diesels can be but not once was I informed of this. Surely thats what the car dealership is meant to advise for customers, things like suitability for the driver.

I dont know if your understanding my question. Im basically asking if the same thing keeps happening, do I have a chance to get out of my finance deal? Surely if the same thing keeps breaking on anything not just a car, when its used in normal everyday circumstances then its considered a fault?

Expert:  Jo C. replied 1 year ago.
I am sorry but if it is just that nobody told you of the downsides of a diesel turbo engine then that does not give rise to a claim in law.
They cannot lie or say anything misleading but silence alone does not amount to a misrepresentation.
If this particular engine is exhibiting no greater problems than one would expect from a turbo diesel engine then there isn't a Sale of Goods Act point arising. It just comes down to a downside of this type of engine about which nobody mislead you at the time of sale.
If there is evidence that this particular engine exhibits faults dissimilar to turbo engines generally then that is different and would give rise to a claim but that doesn't seem to be what you are saying here.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

Its not bad news thats the information I was looking for.

Although i cant understand how a car is fit for purpose if the turbo keeps seizing costing £1000 a go fix. With symptoms less than two months apart. Ive never heard of that before. I know a few people with diesel engines who have not had these problems.

Thanks anyways.

Expert:  Jo C. replied 1 year ago.
Well, it may not be.
You need to ascertain whether this particular engine has a fault dissimilar to that which amounts to a downside in all turbos.

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