I was sold a Fiesta which had had a used engine fitted from a breaker's yard - what can I do?

In March we bought a 2007 Fiesta with 46,000 miles on the clock. It seemed ideal, but in August a coolant pipe burst and the engine overheated. It was out of the 3-month warranty so I had it fixed at my usual garage who warned me there could be an underlying cause for the burst. Sure enough, it went again a week or so later and the cause was found to be a blown head gasket.

It also transpired at this point that the engine came from a breakers yard. It belonged to an earlier model and had the details painted on it by hand. Having paid a hefty bill I phoned the original dealer but he was unwilling to admit any responsibility as it was out of warranty. I feel that we did not get what was advertised when we bought it, a newish car with low mileage, and I am concerned about how much trouble this car will give us in the future. Where do we stand legally? Is the dealer obliged to pay for our repairs or give a partial refund based on a revised estimate of how much the car is now worth? I didn't return the car to him to work on as we live 30 miles away and by the time we discovered the dodgy engine the car was lying in bits in my local garage.

Asked on 4 September 2011 by MC, Barnstaple

Answered by Honest John
Assuming you paid less than £5000 for the car you can take the matter to the small claims track of the County Court. Firstly, the dealer misled you. He remained responsible for the car for six months, not three months, whatever insured warranty he supplied with the car. Secondly, under the Supreme Court ruling in Clegg v Olle Anderson (Trading as Nordic Marine) 2003, he is actually liable for any material defect in the car when it was originally sold to you, which the wrong engine certainly is. More here: www.honestjohn.co.uk/faq/consumer-rights/
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