Ok, so sale of goods act is not the way you should be playing this if you bought the car blind...you're covered under the distance selling regulations and have 7 days from the date of delivery to reject the goods without having to give a reason or argue. You need to write the dealer a letter, recorded delivery to state you are returning it.

Surely this only applies to the internet?

I'm with Stu, get a chunk of cash back to reflect the lower value of the car, say down to £9995 and you'll have £1500 back please.

It's up to them if they want to take it back or have an easy life at that point.

Best outcome in the end then I think,for you. You might want to name the dealer though as for anyone interested in a 2 year old VRS, there is one on a forecourt somewhere with a spanking new engine in. It will teach him a lesson though to check the history properly on his cars before selling over the phone. Ask him for a 'free' full service on your Leon for the inconvenience this has caused you.

I'm with Stu, get a chunk of cash back to reflect the lower value of the car, say down to £9995 and you'll have £1500 back please.

It's up to them if they want to take it back or have an easy life at that point.

Last post said dealer wasn't prepared to budge and swapping back. Does the car have a lower value because it's had a new engine?

You do have rights under the sales of goods act, and IMHO since you directly asked a question and they didn't answer honestly you might have something.

As hinted at with the previous mention of the conversation the OP had with Trading Standards, it could be a breach of S2 of the Fraud Act 2006 (a misrepresentation of fact, either expressly or implied, which was known to be untrue or misleading), or Consumer Protection from Unfair Trading Regulations 2008 (misleading omission).

Surely this only applies to the internet?

The Distance Selling Regulations apply to any transaction concluded at a distance (with some exemptions where it's a one-off mail order being done by the retailer). So, if you paid for a car over the phone and had it delivered, then conceivably the DSR would apply, although it would seem a somewhat torturous route.

Kev, thats a good result for you, you are clearly not happy, so a swop back would be the best result, i wouldnt buy a car that had an engine swop, i dont know why exactly, but i would feel the same as you,

Good luck anyhows with what you decide

Misrepresentation would almost certainly be claimed as unintentional; the legal remedy for which, is to rescind the contract and return the wronged party to their original state...which is what the dealer is doing.

No further to go with this one.

Stuart_J - I'm not disputing it'll be a "proper job" I can also see that yes, it could be better than that of the equivalent aged car on its original engine with x amount of mileage. Its more the dealer mis-sold the car to me when its glaringly obvious the minute I opened the service book, its staring me in the face.

I understand where you are coming from, saying the selling dealer didn't properly check the service book, but again thats not really my issue. Afterall it was bought from a main VAG dealer and any hassle from a potential criminal offence being committed is of his own doing. If the car was sold to me with the information properly given, then I could and would have made an informed decision not to buy it, or buy it at a greatly reduced value.

Further to it all. Dealer has phoned back, unwilling to reduce the price of the car and therefor have agreed to swap the cars back.

Fair result, good luck with the search for something else

Can't help but agree. I know that in theory there is nothing riskier in having a replacement engine over an original but I'd always have a niggling doubt about what caused that refurb engine to be rejected in the first place.

Can't help but agree. I know that in theory there is nothing riskier in having a replacement engine over an original but I'd always have a niggling doubt about what caused that refurb engine to be rejected in the first place.

It wasn't a refurb engine that was fitted. It was a brand new out the box one.

Personally, I'd be chuffed. You have an engine newer than the car, fitted by a dealer.

Personally, I'd be chuffed. You have an engine newer than the car, fitted by a dealer.

Depends on how well fitted it was by the dealer.

I don`t think one person on here would be happy with your situation

They have mislead you, I personally call it something else!

Its a horrible feeling being deceived!

IMHO get a refund and buy the car you expected in the first place

Good luck :-)

Cheezemonkai - I would have been happy with a refund of about £1500 - £2000 back for the mis-selling and lies by the dealer, but when asked about if there was anything he could do in the way of financial compensation/something off the car, it was a point blank refusal. He insisted I phone Skoda who would confirm it was a brand new engine, when actually no, Skoda's main words were it is an "Exchange unit", now I know it is likely to be new, but its not down to me to do all the digging. He was in the wrong, as agreed by trading standards when he should have disclosed that major issue and that is why the law had been changed to make sure dealers couldn't get away with trying to pull the wool over customers eyes like that.

Hatchy - I don't think I'll be naming the dealer in this as I am now of the opinion that trading standards should prosecute to the full extent of their powers due to the sheer inconvenience/hassle this has caused me. There is indeed a 2 years old 10 plate VRS in my garage, about to be returned to the dealer with an "apparently new" exchange engine in it.

When I phoned the dealer about it, he had checked the paperwork properly. He knew exactly what I was complaining about in the service book, even now I have it and he doesn't. He said the pervious owner bought an FR Tdi off of them and disclosed the full details. When asked what he offered in part-ex for a car with a new engine, he wouldn't disclose, but you can bet your life if I kept it and went to part-exchange it in a few years, dealers would make a big deal off it and offer me buttons for the car. I'm not prepared to take that chance.

Don't think he's the type of dealer to be trusting to let new my car for a service mate. In fact the car if/when I get it back is getting traded straight in somewhere else where I can view all service books/history/keys etc and avoid this issue in the future. I knew garages were bad, but for a main SEAT/VAG dealer that customer service is pathetic.They aren't fit to hold a main dealership selling cars like they've tried to sell me, resorting to dodgy methods.witholding information to do so.

Yes trading standards have said a car with a refurbed/new replaced engine which is documented in the service book if worth significantly less than market value. The dealer wanted market value for the vehicle therefor chose not to disclose the replaced engine to me. It doesn't matter that it might be a new dealer replaced warrantied engine, the rules still apply. So in theory the car is only worth £9000 and he wants £11,500.

I am also going to contact the hpi company I done the check with, with the evidence of the engine swap as I don't know if they can add it to their records should anyone else try and buy the car. It'd be nice to let a genuine buyer know about it, to make an informed choice as to whether to buy it or not. My gripe is I wasn't given the choice, the information was witheld. When I therefor wanted a resolution or financial compensation for the issues, the dealer wasn't willing to budge. I think anyone can see why I am livid. I don't buy cars to expect to keep them for 1 day. Its been a massive disappointment to me and a waste of my time trying to resolve this.

martinch - That is correct mate what you are saying about the Consumer Protection from Unfair Trading Regulations 2008 (misleading omission). Had I been given the information, the likely hood is I would have wanted a couple of thousand off the price and or I wouldn't have bought the car. Hence why that is a criminal offence to not tell me about the replaced engine.

The Distance Selling Regulations appkly because I payed the rest of the balance via credit card over the phone, but that can also mean I can open a section 75 of the Consumer Credit Act 1974 claim for the full £11,500 off of my card company who then would own the car and most possible auction it off for less than market value.

So overall I am fully in the right and that is the avenues open to me as of today.

Taffyboy - Thanks for the comments mate, much appreciated. I'm glad there are others who feel exactly the same about potential being duped into buying a car like that for the market value with a replaced engine.

Stuart_J - Thanks mate. Annoying thing about the whole deal was apart from the engine issue, the car was a stunner and I was really really happy with my first Skoda Octavia VRS.

Aspman - Exactly my thoughts. Even a wee bit more of an extended warranty on it might have settled my nerves, but as above the way the dealer is, there was no chance of him offering that, he wouldn't even reduce the car by 1p lol. Thanks for agreeing me mate, nice to see I'm not being picky about this. Its worried me all last night.

Cjb - I'd have been chuffed had I been given all the proper information/facts before I decided whether to proceed with the purchase of that car. I wasn't given the proper details and the dealer has basically tried to pull the wool over my eyes. So I'm sorry, I can't really be chuffed at that at all mate. With a reduction in price or an offer of an extended warranty then maybe, but we'll never know now.

PC1212 - Thanks alot for the comments/support mate. Much appreciated. They have misled me, I would call it something else as well, but its not fit for posting on the forum lol. I'm gutted about the car because I really did like the overall condition of it, it was immaculate (Bodywork & interior), but the engine issue just totally ruined the deal.

I will indeed trade back my car or use the section 75 refund from the card provider to buy from another dealer and I will again be even more careful than I was this time. I thought I'd done everything right, asked the right questions/hpi checked etc and still I ended up with this. I mean, realistically how far do you really need to go to make sure what you are buying is legitimate?

Thanks again PC1212 for the comments.

Hopefully that brings everyone up to speed with things for now.

Is there any record of the engine change on the v5? surely that should be changed as the engine numbers wont match? Will your old car now have a extra owner on the v5 when you get it back?

You owe us all cakes then!

Mines a Vanilla slice!

mikey vrs - I don't even have the V5 yet mate. Only the tear off slip which you get given. My old car hasn't even been listed on the website yet and I don't think a dealer is required to register as an owner of it until the car gets sold and gets registered to the buyer. I think my part-exchange counts as trade stock or something along those lines so the amount of owners will still be the same.

PC1212 - Cakes it is. Vanilla slice, you say? One problem, Greggs aint open till tomorrow morning lol. Seriously though, thanks for all the help/advice and comments mate. Greaty appreciated.

Is there any record of the engine change on the v5? surely that should be changed as the engine numbers wont match? Will your old car now have a extra owner on the v5 when you get it back?

In theory the engine change should have been notified to DVLA by the previous owner, and show as such on a HPI check. How many people check engine numbers though when buying a car, half the time you can't find them unless you know where to look.

The old car won't have an extra owner as when you trade it in the dealer retains the V5 in your name until they sell it. In fact, to sell any car 'trade' you need to have the V5 in the previous owners name, and to sell 'private' the V5 has to be in your or an immediate relatives name. This was introduced to stop the dodgy practice of people buying a car, not transferring it to their own name, running round it for a few months until the tax was about to run out and then selling it on. If the V5 is not in the name of the person you are buying it from it is a 'trade' sale and you get all the protection the law provides to a trade sale.

or an offer of an extended warranty then maybe, but we'll never know now.

Yes, I'd imagine that would be good, from a peace of mind POV.

andyvee - Well the only thing I can do is contact the company I paid to have my Hpi check carried out and let them know that the vehicle has had an engine swap and that potentially the information that they & DVLA hold on the car is wrong. Ideally I want it put onto the system so that the next owner can't have the same experience that I did and will have the chance to haggle a better price on the car, if they are indeed happy to have a car with the paperwork saying at some point in its life its had an engine swap/transplant.

I agree with your point that many people don't bother to check engine numbers, or ask if the engine has ever been changed. Its certainly something I'll be asking anytime I ever buy a car again for the rest of my days. Hopefully it the Hpi information gets changed and it brings it up fresh and clear for any future buyer to see, then thats all I can do. If by getting trading standards, the Hpi company and DVLA informed about the potential for wrong information in their car records, the dealer has to withdraw it from sale until its put right. I believe DVLA can take around 6 weeks for this, so in 6 weeks time, he hopefully won't be able to sell the car for the amount he tried to con out of me.

I am annoyed about it, no doubt. But I also don't want anyone else getting ripped off by the dealer and this car.

cjb - Like I said, the dealer wasn't for offering 1p off of the car lol. So he seemed to think the 9 months warranty that remained was long enough. I did enquire about money off or extend the warranty.

The way I seen it was, the minute the previous owner got the engine swap, he got shot of it pretty quickly. Shows he had no faith in the car after that either. The Skoda dealer who replaced the engine gave me the information that the previous owner had been in lots of times due to the spark plugs kept sooting up, causing a misfire and he was getting fed up with the car. I guess he just wanted it in a working state to trade quickly.

Aside from all that, the previous owner had put good tyres on it, bodywork and interior were like new, and overall aside from the engine swap the car was immaculate, which is a damn shame. It was a stunning car. I would have loved for it not to have had that engine swap, for it to have been ok, because I would have been over the moon with it mate.

Edited 20 September, 201213 yr by Kev12344

In theory the engine change should have been notified to DVLA by the previous owner, and show as such on a HPI check. How many people check engine numbers though when buying a car, half the time you can't find them unless you know where to look.

ALWAYS ALWAYS use paperwork as an indication, not the facts. Give the car a real good looking at, if not sure get a second opinion from a mechanic, NOT a mate who recons he knows or get an AA / RAC inspection

Many crashed cars are not on fully comp so arent repaired by insurance cars so are unlisted when the HPI check is done, Go onto the copart site & search for unlisted cars, heres an example http://www.copart.co...=SEARCH_RESULTS That will be repaired, probably all with s/hand parts & be on a forecourt somewhere in a few weeks

Re DVLA records they are loose, as a personal example I had to take my current car to the local DVLA office when the reg plate was changed, they do spot checks every so many cars. The examiner couldnt see the Engine number because the added turbos were hiding it, he couldnt find the vehicle identification plate that aparently is somewhere in the boot & the response was " I guess it must be OK & signed it off".

The original poster admits he thought the car he bought was a stunner & I guess had the note not been in the service book he would have been singing its praises & been none the wiser. The fact the dealer noted it leads topwards the thought that a proper job was done.

As I said always look at the car & look for the worst, occasionaly you may buy a lemon but that can happen with a brand new car as we all know

Edited 21 September, 201213 yr by Stuart_J

I would check the engine number with the V5. If it is a new engine then the dealer can legally stamp the old engine number into the block provided the old engine is to be scrapped.

If the engine has been changed then the dealer usually forgets to update DVLA which is something that would need to be done.

FWIW I had a new engine fitted to a Ford Focus at only 700 miles. The new engine was an exchange unit that was stamped with the new number and the at went on to run perfectly for the next 7 years.