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FIAT Punto - Sale of Goods Act claim - advice needed - humptydumpty

Hello there. I'm hoping for some help with a slight conundrum I have. Sorry it's going to be a little lengthy.

I bought a second hand car for £1,000 earlier in the year. Fairly shortly after purchase, in order to help ensure longevity, I had a full service carried out and the garage suggested that, given the manufacturer's recommendations (72k/5yr interval) and no service history on the car, the cambelt should be replaced. In accordance with their advice I authorised the work to replace the cambelt.

With the service, cambelt change and some other bits (brakes, battery, coolant temperature sensor), plus the VAT, I spent nearly £800, which did smart a bit, to say the least. I wanted the car to last and be reliable though for my wife to use for commuting to work.

Three months and about 4,000 miles after purchase wife was driving home when the car broke down and we have been unable to restart it subsequently.

It seems to me that either it is attributable to the cambelt replacement (in which case I think I will have a claim against the garage, but will need to spend money on an independent inspection) or some other fault (it's been suggested to us that it may have been head gasket failure), in which case I have a SOGA claim against the seller.

My understanding of SOGA is that the defect is deemed to be there unless the seller can show that it wasn't and so I have sent a SOGA letter to him requesting repair as a remedy. He has responded by telephone essentially saying that the work that I've had done is the cause and, absent independent inspection, good luck to me in pursuing a claim against him.

My question is this. Am I right that it is up to the seller to show (and not simply assert) that the defect (whatever it may be) was not there at sale? and rely on him to demonstrate that it was, in fact, cambelt failure (if indeed it is) before then pursuing a claim against the garage, if appropriate?

Or have I shot myself in the foot by having had £800 of work done on the car?

FIAT Punto - Sale of Goods Act claim - advice needed - SlidingPillar

You either don't say, and/or don't know, why it won't start.

Could be cam belt work related, might not be, could be expensive, could be so cheap and easy to fix any decent garage would fix in five minutes.

Need that answered to go further I think.

FIAT Punto - Sale of Goods Act claim - advice needed - LucyBC

The Sale of Goods Act is not blind to the age and/or price paid for the vehicle. If a car costs £1000 or less then the Act does not hold out much expectation of it providing reliable service.

If the non-start was *caused* by the garage performing the cam bekt work then you may well have a case but otherwise SlidingPillar is correct and you have provided insufficient information for anyone to give any useful advice at this stage.

FIAT Punto - Sale of Goods Act claim - advice needed - humptydumpty

Thanks to you both. Apologies I'd taken out some material information in order to shorten my question.

I'd like to test the water with my argument on Lucy's £1,000 or less point first though, if I may.

I don't think the price itself carries much weight (I paid pretty much "book" price), as it is merely a market value determined by other factors, age, spec, mileage, condition.

This was an '02, basic model with 50k miles in good condition. Given that it's only 9 years old (you can get breakdown insurance fairly cheaply up to 15 years old) with such low mileage, how could the notional "reasonable person" consider it to be of satisfactory quality if it only survived 3 months/4,000 miles?

Dealing with the SlidingPillar's point, I don't know what the problem is, but the chap from the breakdown company speculated that the head gasket had gone. This, apparently, should mean that it would restart though, unless it resulted in other damage. My wife was on a busy single-carriageway A-road at rush hour when she got an initial loss of power (and a lot of exhaust smoke) and tried to continue on to find somewhere to pull in, but the first layby was occupied by a lorry and she didn't make it as far as the next, so that is a possibility.

It would be nice to know exactly what the problem is, but it's now sitting on our driveway and won't go anywhere under its on steam, so simply finding out what is wrong will involve further cost. We've already spent far more on it than we'd intended so I feel loathed to spend more money on it if I'm able to hold the seller to account.

Please can you confirm that you are essentially advising that I do get some independent (of the seller, servicing garage and me) opinion that:

  1. it is/isn't the cambelt that's the problem?
  2. and if possible what the actual problem is and how much it might cost to rectify.

If it involves me in cost demonstrating that it is an issue that the seller should deal with, can I recover those costs? I'd just understood that the onus was on him.

Edited by humptydumpty on 09/05/2011 at 17:22

FIAT Punto - Sale of Goods Act claim - advice needed - Collos25
The car travelled 4000miles I doubt whether it has anything to do with the original work,cars do break down new and old and a car that has not been looked after even more so.And until you you find out what is wrong you cannot move forward its called the joy of motoring.
FIAT Punto - Sale of Goods Act claim - advice needed - LucyBC

It's a nine year old car with no service history. Assuming you were told this at the time I don't think you could have had any reasonable expectations of it more than getting it home and tootling about in it for a week or two.Anything above that is a bonus

If you buy a car at this level you should do so on the basis of accepting the loss and you should always have decent breakdown insurance with relay and homestart, particularly if they are to be used by loved ones..

You can have a great deal of fun and save a great deal of money running cars at this level but don't expect the dealer to compensate you for every fault.

You may be offended by the title but If you need to read up then the bible is James Rppert's excellent Bangernomics.

www.bangernomics.com

FIAT Punto - Sale of Goods Act claim - advice needed - injection doc

if its the 1000cc model head gasket is almost a garantee failure. Smoke is a good indication of failure, if it was cam belt related it would of just stopped , no smoke ! You sure it hasnt been filled with diesel ?

If its covered 4000 miles since repair i doubt very much whether the garage repair has anything to do with the breakdown an dthe previous owner wouldnt of known iether !

I would just get on with finding out whats failed and get it repaired.

FIAT Punto - Sale of Goods Act claim - advice needed - humptydumpty

Thanks all for the responses. I've been given the details of someone honest/reliable that can look at the car and advise on how best to cut my losses.