advice is urgently needed :(

[wanio123]

Hi everyone ,

I am the happy (or rather was until yesterday) owner of my w204. I bought the car on April 1 this year. Everything seemed to be fine with the car except for a broken thermostat which was replaced after a few days at the expense of the dealer from whom I bought the car. Two weeks later I saw a message saying that the coolant level was low for the first time, so I bought it and added it. Meanwhile, while starting the engine, I began to notice a strange gurgling sound under the bonnet. A few days ago, another refill of coolant. As it turns out, the fluid began to mix with the engine oil and the oil level in the engine began to rise. So I am 100% convinced it is the head gasket. I am honestly devastated, I love this car from day one and have already invested some money in it. I would not like to get rid of it. Here is my main question - What are my rights? The car was bought from a car dealer in car financing. 44 days have passed since I purchased the car. What can I do in this situation?

Pic of my car for attention

 

[SeagullFan]

i would have thought that if you bought from a dealer they would have sold with a 3 month warranty as matter of course? I’d get in touch with them 1st thing Monday and ask them to have it investigated/repaired.

 

[wanio123]

i would have thought that if you bought from a dealer they would have sold with a 3 month warranty as matter of course? I’d get in touch with them 1st thing Monday and ask them to have it investigated/repaired.

thanks for reply pal. Too be honest I bought from a dealer a 12 months warranty plan by Warrantywise company. But it is not so simple. I would have to deliver the car to any service I choose, pay for the diagnosis out of my own pocket and then wait for a decision from the Warrantywise company whether they will cover the costs.

 

[KennyN]

then wait for a decision from the Warrantywise company whether they will cover the costs.

The fact you have only had the car for six weeks would it not be the supplying dealer that would be liable for the repair , opposed to Warrantywise ?

Have you confirmed that the coolant is actually entering the oil - is the oil emulsified ?

The low coolant and the gurgling noises could be air pockets in the system filling up - if the system wasn`t bled properly when the new stat was fitted.

How much coolant have you actually added ?

K

 

[SeagullFan]

thanks for reply pal. Too be honest I bought from a dealer a 12 months warranty plan by Warrantywise company. But it is not so simple. I would have to deliver the car to any service I choose, pay for the diagnosis out of my own pocket and then wait for a decision from the Warrantywise company whether they will cover the costs.

even so, it would be down to the dealer to pay for the diagnosis check? - i’d still be speaking with them Monday.

 

[wanio123]

The fact you have only had the car for six weeks would it not be the supplying dealer that would be liable for the repair , opposed to Warrantywise ?

Have you confirmed that the coolant is actually entering the oil - is the oil emulsified ?

The low coolant and the gurgling noises could be air pockets in the system filling up - if the system wasn`t bled properly when the new stat was fitted.

How much coolant have you actually added ?

K

I will contact tomorrow with the dealer and we will see what he say.

Oil looks ok under the cap , but two weeks ago i was changed the oil with filters and level of it was beetween min/max yesterday I noticed is over max.

I just tried to bleeding the cooling system. Turned on cold engine , opened coolant cap and then turning heating max on and been waiting 15-20 minutes. Couple times i been pressed hoses from radiator to stat. noticed some bubbles in coolant cap but on after 20 minutes coolant stopped to bubbled and been clearly.

For the last 3 weeks I added 1L

while bleeding the coolant I also noticed that the smell of the exhaust fumes was strange.

 

[W1ghty]

The fact you have warrantywise doesn’t absolve the dealer of his responsibilities over the sale of the car (he knows this but won’t tell you )

 

[DSM10000]

The Consumer Rights Act is what you need to use.

The dealer is responsible for any faults that make the vehicle unfit for purpose unless those faults have been pointed out to you prior to the sale.

You could not have been aware of the faults so the dealer is responsible.

 

[DSM10000]

even so, it would be down to the dealer to pay for the diagnosis check? - i’d still be speaking with them Monday.

You are confusing two issues.

The separate warranty taken out through warranty wise is effectively between the warranty company and the owner. If they stipulate a fee for diagnostics as part of their terms and conditions then this is separate from the legal responsibility of the dealer to whom the Consumer Rights Act will apply.


Over and above any third party warranty the dealer is responsible for 6 months for any fault that may arise that makes the vehicle unfit for use.

 

[wanio123]

Thanks to everyone for the advice. I already contacted the seller, informed him that I knew my rights and told him about the whole situation with the car. He said he would be contacting Warrantywise tomorrow. So the problem was not ignored by him, but let's see how things turn out

 

[whitefang]

Good luck with it mate. Hope it goes in your favour.

 

[oldguy57]

Many car dealers forget their responsibilities under consumer legislation, or choose to ignore it. Hope you resolve.

 

[DSM10000]

Thanks to everyone for the advice. I already contacted the seller, informed him that I knew my rights and told him about the whole situation with the car. He said he would be contacting Warrantywise tomorrow. So the problem was not ignored by him, but let's see how things turn out

That's fine but if warranty wise do not want to know then the responsibility is still with the dealer. Make sure that you tell him that.

 

[wanio123]

That's fine but if warranty wise do not want to know then the responsibility is still with the dealer. Make sure that you tell him that.

Ofc!

I also got some info from which.co.uk website telling me:

"Contact your finance or credit company
If you bought the car on hire purchase (HP) or personal contract purchase (PCP), it’s the finance company who’s legally responsible if there are problems with your car. You can reject it anytime during your agreement as long as you stop using the car after you've discovered the problem. Contact the finance company and tell them you're rejecting the car and ask them to arrange for it to be repaired or replaced.

If you paid using a personal loan, you can only make a claim against the loan company if it was a point of sale loan.

If you paid all or part of the cost of your car by credit card, the card company might be jointly responsible for compensating you under Section 75 of the Consumer Credit Act, if the car cost more than £ 100 and less under £ 30,000.

Contact your credit company and tell them you'd like to make a claim under Section 75. They'll let you know if you're eligible, and what to do next. "

 

[E55BOF]

Ignore Warrantywise; the first six months of any warranty protects the dealer, not you.

Your rights are under the Consumer Rights Act 2015, and your first port of call is the dealer. Only if (or very possibly when, I'm afraid; it's a dishonest trade...) the dealer refuses to accept responsibility do you need to think about finance or credit companies.

Good luck with the dealer, and do let us know how you get on.

 

[W1ghty]

Thanks to everyone for the advice. I already contacted the seller, informed him that I knew my rights and told him about the whole situation with the car. He said he would be contacting Warrantywise tomorrow. So the problem was not ignored by him, but let's see how things turn out

Get it all I writing buddy , not on phone calls .

 

[wanio123]

Ignore Warrantywise; the first six months of any warranty protects the dealer, not you.

Your rights are under the Consumer Rights Act 2015, and your first port of call is the dealer. Only if (or very possibly when, I'm afraid; it's a dishonest trade...) the dealer refuses to accept responsibility do you need to think about finance or credit companies.

Good luck with the dealer, and do let us know how you get on.

Warrantywise is the first option the dealer has suggested. We'll see how the case develops. Of course, I informed him that he was to call there and arrange everything.

 

[E55BOF]

Fair enough. Good luck getting it sorted.

 

[Robllew]

I'd be looking at the waterpump. Just done this myself on my w204. Common problem and a fairly cheap fix for you or the dealer!

 

[wanio123]

I'd be looking at the waterpump. Just done this myself on my w204. Common problem and a fairly cheap fix for you or the dealer!

of course, I thought about it, but the rising oil level in the engine may indicate that the head gasket is damaged