VW Golf 1.6 TDI 2013 - Wrong Engine in car bought from dealer

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Fri 8 Dec 2017 14:09
VW Golf 1.6 TDI 2013 - Wrong Engine in car bought from dealer - Pinkllama

I bought a car from a garage on the 21/9/17.

it was advertised as being Cat D

after a few days the engine light came on and i noticed a bit of hesitation from the engine at about 2k revs shortly after the car is started until it is fully warmed up.

took it to my local garage who said the engine light was for an air leak. they smoke tested it but couldnt find the leak. i then took it to VW for full diagnostics.

they sent me a video before i picked it up saying that the engine in the car wasn't the one on the log book, the engine number had been scratched off and it had red spray paint on it pointing to the engine coming come a scrapyard. they said that they could not do any repairs on it until i could provide the engine number.

i provided all this info to the garage that i bought the car from and asked for a refund.

all they have offered is to fix the car. (they said they didn't know the engine had been replaced) they know the person who replaced the engine and say it is under warranty.

i feel cheated as the mileage and engine number on their sales receipt are incorrect.

they said that the engine was taken from a car with lower mileage than mine. but there's no proof.

even if i accept a repair i am still left with a car with no engine number/verified mileage.

this obviously reduced the value of the car.

through Citizens Advice I have been sending them the required letters before taking court action. i am now at the point where i'm about to send the 'letter before action' one.

CAB suggested i claim under 'goods not as described'. the garage said that there is no legal obligation to notify DVLA of an engine change and they have done nothing wrong.

i just wanted a bit of feedback from the forum before i send the garage this final letter before action. Do i have a valid claim or should i just accept the repair and learn my lesson?

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Fri 8 Dec 2017 18:14
VW Golf 1.6 TDI 2013 - Wrong Engine in car bought from dealer - RobJP

As the garage do say, there is no legal obligation to provide details of a replacement engine to DVLA.

You have a fault with the car. The garage have offered to rectify the fault. That complies with their obligations under the Consumer Rights Act.

If they can provide the 'warranty' from the place that replaced the engine, then that is a bonus. Especially as it will provide proof of the change of engine, so calm any fears of a future purchaser.

If you reject the car, and IF the garage accept your rejection, then they will be entitled to make a deduction from your refund for 'reasonable use'.

If they refuse your rejection on the grounds that they have offered to repair the car - as per their obligations in law - then you'd have to take it to court. Which you might win or lose.

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Sat 9 Dec 2017 10:56
VW Golf 1.6 TDI 2013 - Wrong Engine in car bought from dealer - pd

If it was advertised and sold as a Cat D you are clearly accepting that the car has had repairs, possibly major, and is not going to be as good as a regular example.

It may well be it was written off due to water ingress into the original engine or similar.

I think a court will take the view you knowingly purchased an inferior total loss car and in such circumstances a reasonable person's expectations would lower.

The garage could, probably, just dismiss your claim so personally I'd take their offer to fix it with thanks and let them get on with it.

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