Legal / Mechanical advice needed badly!!!!!!!

[AndyMR2NI]

OK long story but i'll try to keep it to min. Was havin my 1st service done last wk on my '2 since gettin her when the mechanic rings me and gives me the following list of faultly things that make her unroadworthy. O/S steering rack boot, O/S Trackrod badly worn (end of rack), O/S/F antiroll link, N/S/F strut, Inner antiroll bushes Fx2, gear linkage bushes worn at rear.

The car was sold to me 4.5 months ago with 61000km on clock. There is now 74000km on her, the mechanic said there's no way this could be the true mileage and no way this damage could be done in 4 months. Does this sound like I've been done?? Love my car to bits but i've had to get a 306 for a few months as the lawyer i went to thinks i've a good case.
Dealer refuses to do sweet f.a as 3 month warranty expired. '2 jus sittin in drive, corroding. Breaks my heart. ANY ADVICE PLEASE????

[nikaso]

I am no expert but if the dealer hasn't certified the mileage (which could well be tosh on an imported 2) then you can't do much? There is some sort of law about the vehicle being fit for the purpose, if its in bad shape this might be grounds for a case?

Bump for anyone else!

Sorry to hear it mate

[nikaso]

Can you post what dealer it was as well, we can all steer clear then!

[JUIC'IN]

Its a shame all of this has been discovered so late on, as you've had the vehicle for 4.5 months you've not really got a leg to stand on.

With regards to clocking, it's very unlikely the car has been clocked in Japan as there laws are much stricter and the car would basically have been crushed. 'If' the car has been clocked it's more likely it was done after being imported. Not that this information helps you in any way!

How longs the car been in the country?

Did you get any previous documentation with the vehicle?

[nikaso]

I was under the impression that some unscruplous dealers clock the cars and ship them out straight away?

[Fonzy]

sorry about that m8, i think your snookered cos you had the car so long and it would be down to you to prove you didnt use the car excessivley, since all the items are wear and tear your on a no hoper in my unprofessional opinion. But also in my unprofessional opinion nitromorze is exellent at removing car paint!
Good luck hope it all works out!

[AndyMR2NI]

Cheers for the support guys. Can't give the name cos it's an ongoing case so gotta keep stum but it's not a million miles from where i live in N. Ireland so most of u guys are safe!

From what the lawyer says I can nail him under Sale of Goods Act 1998 were the product must be of satisfactory quality and be fit for it's purpose. Now, I need the surveyor to declare that this car was unroadworthy at the point of sale. If i can do this then the sale is void as he sold me a roadworthy, genuine mileage car.

If all else fails, is anyone interested in a very roadworthy, reliable, geniune mileage MR2? HAHA

Keep u's posted, but I can see this going for months!!

[Aidy]

That advice is ok had you had the car checked after you bought it, but 4.5 months down the line? You have very little chance I'd say, and any lawyer taking this on may well be in it for the fees cos he gets paid regardless. It would be a civil matter anyway.

[AndyMR2NI]

Oh yeah, in reply to 'JUIC'IN' she was imported in 1998. No prior documentation - Me thinks I was smittin and wasn't asking the questions I should have!

We live and learn.

What would u's do - Sue, repair, sell. I'm currently in a 306 and it just feels inadequate to what I was driving a week ago!

[JUIC'IN]

Oh yeah, in reply to 'JUIC'IN' she was imported in 1998. No prior documentation - Me thinks I was smittin and wasn't asking the questions I should have!

We live and learn.

What would u's do - Sue, repair, sell. I'm currently in a 306 and it just feels inadequate to what I was driving a week ago!

Just hitting this from a different angle, how well do you know the mechanic? Is he trust worthy? Or might he be 'exaggerating' on whats actually wrong with the car?...... Would it be worth getting a second opinion?

If I were you i'd get a price for how much it will cost to put straight, then compare that to how much you paid for the car, if it seems unjustified then i'd just sell the car for spares and repairs if you can justify it i'd get it done.

At the end of the day a car is just nuts and bolts and nothing is impossible to fix, it's just how much your willing to spend? Good luck mate with what ever decision you make!

[AndyMR2NI]

The mechanic knows my dad and does servicing for both of our cars. Known him for years. Always does a sound job for a good price.

I am getting a RAC surveyor to go through it (at lawyers request). Rang Citizen's Advice Bureau this afternoon. They also believe what i was sold is NOT what i got (Sale of Goods Act) and so the sale is void.

[Patrick Gray]

Its a bitter pill to swallow Andy but would it put you that much out of pocket to just fix the car the car and have it running perfectly.I dont think you will have good grounds for a case as its going to be the traders word against yours.If it was me and that is all the car needs i would fix it and learn my lesson.

[prezjamin]

Get a quote on how much the work is going to cost Andy, is it really worth dragging it through the courts (which will take ages) if it is economical just to fix it.

[Stu Wilson]

Andy----some free advice.
When you resort to the civil courts there is only one winner.
The lawyers.
Bite the bullet,repair it and enjoy it.
It will be infinitely cheaper.

[Fizzy]

Now read this - in feb 2002 a european directive was passed (covers uk law) which stated that all dealers selling second hand cars were responsible for warranty for 6 months from the date of purchase!! Full warranty!! The bastards dont like admitting to this one but go via a solicitor and for once the law is on your side! And for the sceptics - do your homework before you critisise me LOL

[Leon.]

Firstly, Andy, hard luck mate....... those b******s should be locked up.

Its a bitter pill to swallow Andy but would it put you that much out of pocket to just fix the car the car and have it running perfectly.I dont think you will have good grounds for a case as its going to be the traders word against yours.If it was me and that is all the car needs i would fix it and learn my lesson.

Erm, don't really agree. I believe it takes great courage to stand up for morals and principles and if you do, top man - much respect (providing you're gona win of course!!). Especially when someone has been bent like this. If your mechanic has found these mechanical issues, I hate to think what the rest of the engine is like - sorry pal, not trying to make you feel worse!! Could end up costing a fair wack.

With advice from solicitors, CAB and a full engineers report, if the verdict is that it is pretty clear this dealer screwed you over, screw him back. Having had some experience with courts (no, I'm not a dodgy xxxx ), this is what I would do, although I know every case is unique.

Wish you all the best mate, and let us know how you get on.



Leon

[Leon.]

and if Fizzy is right then you're on a winner!! Although def get a proper check either way

[steve b]

[quote="AndyMR2NI"]

O/S steering rack boot £??, O/S Trackrod badly worn (end of rack) £??, O/S/F antiroll link £70 pair of performance upgraded parts, N/S/F strut £100 uprated KYBs, Inner antiroll bushes Fx2 £30 poly urethane performance replacements, gear linkage bushes worn at rear £25 ballbaearing performance upgrade.

quote]

so what exactly is the problem ?

hardly like its a cut and shut, i know the prices of the above bits i've quoted as they are general ware and tear that i've expected to and have replaced on my 13 year old car.

[AndyMR2NI]

Fizzy- Are you absolutely positive about this? You wouldn't know the exact name of the bill so I could look it up on the web?

I knew there was no way this guy could get away with this!

I will get the work costed as the mechanic reckons there's much more hidden horrors hidden as he wasn't actually looking for these faults, he came across them whilst doing the service! Gulp!

But thanks anyway, u've made a depressed guy happy this morning!

[Aidy]

so what exactly is the problem ?

hardly like its a cut and shut, i know the prices of the above bits i've quoted as they are general ware and tear that i've expected to and have replaced on my 13 year old car.

My thoughts too. The car is s/h and you should expect reasonable wear and tear. Just cos you have the sale of goods act does not mean you are entitled to buy a perfect car in pristine condition. Given the time that has passed and the nature of the problems I really think you are better off fixing it and putting it down to experience.

Still, keep us posted.