Advice needed - new used car broken down

[Mike268]

Hi,

I am after a bit of advice / gauging peoples opinions on what to do.

I have recently bought a VW Touran, last saturday, from a private sale. 2004 2.0TDI Sport with 118,000. Car was driving fine and really happy with it until it broke down on Thursday and on inspection from the AA the cambelt has snapped. Unlucky you might think, however in the service history it is showing as the cambelt has been replaced at 108000 miles (18months ago). However when speaking to the AA mechanic he said it was unlikely that the cambelt was ever replaced, but couldnt tell for sure until further inspection.

 

So the car is in the garage to investigate the cause of the cambelt snapping. I know ordinaraly there is no comeback with a private sale, however I feel that the car was misrepresented to me and sold with a service history that has been modified.

 

The cambelt is showing as being done in a garage, but there are no invoices for it, and I am unable to track down the garage that changed it. And it was not the owners that I bought the car from, but the previous owners that claim to have had it changed.

 

Do I have any comeback to the people that sold me the car as I feel it has been misrepresented to me, and had I known the cambelt hadnt been changed I wouldnt have bought the car, or certainly wouldn't have paid the price I did for it.

 

Opinions please...

[thedealsealer]

I always try and ring the garage who had any big work done (ie cambelt, waterpump etc) when buying a car. A proper receipt would be ideal too

[Bazzer1955]

I do believe that you are on your own here as there is no comeback on a private sale.

 

If you buy privately, it's a case of 'Buyer Beware'. You won't have the same legal protection as you would if buying from a dealer and it's up to you to ask the right questions and inspect the car thoroughly before you buy.  It's a good idea to get an independent engineer to give the car a thorough mechanical inspection, and to get a car history check to make sure there's no shady past.

Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers: be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document.  A dealer pretending to be a private seller is committing a criminal offence.

 

Hope this helps

[Dr Zoidberg]

None whatsoever. The people you bought it from were probably unaware it hadn't been done, and anyway it was a used vehicle in a private sale, sold as seen. They haven't misrepresented it at all.

Sorry.

[SuperbTWM]

If it says somewhere that the timing belt has been replaced but there is no invoices then you have to presume it hasn't been done. I tiInk its done well to last over 10 years and 118K.

 

I think your on you own on this one.

 

If it makes you feel any better I bet even if you had the car inspected by the AA or whatever they are highly unlikely to take the timing belt cover off as unless the belt is about to go or contaminated/seriously damaged, there's no way you can tell how old it is or predict if it needs changing. I have changed about half a dozen belts in my time and they have all looked like they could have gone another 60K with the exception of one that I changed after about 20K due to a small scab where it looked like the outer was starting to perish

[Mike268]

Thanks for the replies, I knew it was unlikely that we would have much come back as like you say private sales are sold as seen. Was just hoping for something, as I really cant afford the likely cost of repair or another new car. I have tried to contact the garage whose stamp is showing as having the cambelt done but am unable to find a trace of them.

 

I think perhaps my best hope is to call them when I know the extent of the damage and hope they are understanding about it. I know I would feel pretty bad if I sold a car and the cambelt snapped less than a week later.

[Mike268]

Reading the citizens advice website it says that if the car is "not as described" then you may be entitled to a repair / refund or difference in value of the car.

Even though it was not as described, I guess it would be hard to enforce it?

[OctaBen]

The head gasket went on an old Rover I had. The recovery driver that got me home offered to take the car off my hands, I told him he was welcome to take it for nothing. All the same he found it was worth £60 scrap and gave me £60

All the way along he'd been telling me how he buys broken cars, fixes them and sells them on for a profit. So imagine my surprise when he turns up at my house 2 weeks later saying that the car had failed the MOT and it was going to cost him £600 to fix and could I make a contribution as I had 'sold' him the car so should take some responsibility

He even brought along his kids, I assume in an attempt to make me feel bad. I managed to resist laughing at him but made it clear that he had no comeback on a private 'sale'. Beyond offering some sympathy I am not sure what you expect the previous owner to offer you?

[Mike268]

I think a car being sold as head gasket gone, and a good running car are a bit different. But I get your point.

[Dr Zoidberg]

They might feel bad, but I doubt they will hand over a few thousand to pay for repairs.

[Mike268]

Well on that basis, I might have a Touran up for sale fairly soon if anyone wants it for spares or repairs

Thanks for the feedback

Edited 31 January, 2016 by Mike268

[Dr Zoidberg]

What's the engine code? There's a couple on eBay that might do the job.

[Huskoda]

Its no help to you, really, but I always call up the dealers whose stamps are on service records to confirm major work has been done, even when buying through a registered trader as service books are very cheap and easy to falsify.

 

In a way, the electronic service records that are now used by many manufactures are better as you can get a dealer to email you a truthful history of the car.

[SuperbTWM]

Its no help to you, really, but I always call up the dealers whose stamps are on service records to confirm major work has been done, even when buying through a registered trader as service books are very cheap and easy to falsify.

 

In a way, the electronic service records that are now used by many manufactures are better as you can get a dealer to email you a truthful history of the car.

Only if its been serviced at the main dealer though and once the car gets out of warranty and gets passed on through a few owners that doesn't happen. In fact the problem with history is going to get worse due to not getting a service book

[Mike268]

Thanks, I guess I have learnt something for next time.

Its a 2.0TDI, think its engine code is BKD, cant really spend too much on it as only paid £2000 for it so don't really know how much its worth putting to it to get it repaired.

But I did see a few engines for sale on ebay, wont know the best option until I know the real extent of the damage.

Edited 31 January, 2016 by Mike268

[mac11irl]

Other possibilty is - the belt was done, but its been clocked... lets face it, its common enough.. either way, umfortunately either a new engine for it or spare parts bin :(

[gadgetman]

Are they dealer stamps?

I'd only ever buy with full dealership history as it's traceable and likely covered by a warranty or good will.

[XLBaconDoubleCheese]

Are they dealer stamps?

I'd only ever buy with full dealership history as it's traceable and likely covered by a warranty or good will.

All good on a nearly new car worth 10/15/20k but on a 2k motor you'll rule out 90% of them using that method.

[Kandy]

If a car has been misdescribed/misrepresented or is unroadworthy (MOT is no indication) and not specifically sold as spares or repair and not to be driven away etc., then you DO have come back even in a private sale.

 

If you could show the seller had altered the service history, that would certainly be grounds to sue.

[mender]

Stupid cambelts, why does everybody not make chain-driven engines?

 

Just replaced the cambelt, w/pump, tensioner on the Kalos I sold, never had to do this on most of the Jap stuff I sell as it is all chain driven.

 

Saying that VAG can't guarantee a decent chain driven engine, I've heard of many chains stretching and screwing VAG engines even at low miles....

 

Unlucky for you-damn.  Sorry to hear of your nightmare.

[Tilt]

Sounds a little dodgy to me, seller wise.

 

The person who sold it to you did not have it very long (less than 18 months) and put no more than 10k on it. Depends exactly when they bought it, and where from.

This would have raised a few flags to me upon viewing. Sorry.

 

I would go over the service history, any receipts and mot's with a fine tooth comb. Fraud is a crime, if it can be proven.

If these are not available, then remember this on your next purchase and walk away.

 

Do the rest of the cars details all check out??????

 

If there is no trace at all of the garage that stamped the book I would look into this further. Who is it??????????????............ Name them / any phone details?

Someone on here may be able to help trace, or confirm if they ever existed.

 

Sorry you are going through this and good luck.

Edited 2 February, 2016 by Tilt

[gadgetman]

The low mileage in 18 months isn't necessarily a flag. It could simply be used on short trips, school runs, round town. Plenty of MPVs fit this, which is why few have desirable factory extras unless they were ex demo's.

[XLBaconDoubleCheese]

Stupid cambelts, why does everybody not make chain-driven engines?

 

Just replaced the cambelt, w/pump, tensioner on the Kalos I sold, never had to do this on most of the Jap stuff I sell as it is all chain driven.

 

Saying that VAG can't guarantee a decent chain driven engine, I've heard of many chains stretching and screwing VAG engines even at low miles....

 

Unlucky for you-damn.  Sorry to hear of your nightmare.

 

 

I've never heard of this but I was reading, apparently my Panda has a 'non interference' engine, if the belt snaps nothing gets damaged, you just chuck a new one on and you're away again.  

[gadgetman]

Fiat are meant to be good for that. I'm surprised it isn't standard on every manufacturer

[Toxicvrs]

Stupid cambelts, why does everybody not make chain-driven engines?

Just replaced the cambelt, w/pump, tensioner on the Kalos I sold, never had to do this on most of the Jap stuff I sell as it is all chain driven.

Saying that VAG can't guarantee a decent chain driven engine, I've heard of many chains stretching and screwing VAG engines even at low miles....

Unlucky for you-damn. Sorry to hear of your nightmare.

That reminds me, how is your Renault? Had to replace a dephaser yet?