Rocker gasket - advice on newly purchased 2nd hand car

[Bexxx5531]

Hi there,

I'm just looking for a bit of advice really if anyone can offer any?

I bought a 2nd hand car on 5th of May its a MB A180d cDI. Its on a 64 plate.

After 3 weeks of having the car I noticed lots of oil patches on my driveway. About the size of a golf ball. I spotted the fresh ones and knew it was definitely still leaking.

I took to a local garage who said it was the rocker gasket.

I approached the sales man where I bought it from and he told me to contact my warranty company.

The day comes to fix it and of course warranty company won't pay out.

I went back to the garage who says it's not their problem.

I've had the car 4 weeks now and only 3 weeks when I noticed and reported the leak.

The car cost me over £10k

Should I pursue the garage I bought it from? Where do I stand with this?

I accept wear and tear on any car I've owned before but for it to be as bad as it was 3 weeks after purchase and for them to say bot their problem?

They claim all cars go through a "thorough used car checklist" before being sold.

They have offered to refund me half of the payment as a good will gesture.

I just wondered if I might be successful in a small claims court? What do you think the standard should be?

Thanks in advance

 

[TTManUK]

Forget the warranty. Suggest you read up on this

Your legal rights if something goes wrong with your car

When you buy a new or used car from an official dealer, you are protected by the Consumer Rights Act 2015 if the vehicle develops a fault

www.whatcar.com

When you say they have offered to refund half the payment, I assume you mean half the costs that you would incur fixing it? Its their problem entirely, not yours, hence them offering that off the bat.

 

[W1ghty]

^^^^^ exactly.

 

[Bexxx5531]

Forget the warranty. Suggest you read up on this

Your legal rights if something goes wrong with your car

When you buy a new or used car from an official dealer, you are protected by the Consumer Rights Act 2015 if the vehicle develops a fault

www.whatcar.com

When you say they have offered to refund half the payment, I assume you mean half the costs that you would incur fixing it? Its their problem entirely, not yours, hence them offering that off the bat.

Thank you for this, it does answer my question.

I have sent this link to the salesman and asked him to discuss it further with his manger as its my statutory rights.

Let's see where they go from there.

And yes they offered to refund me half of the £350 bill as a gesture of goodwill

 

[Bexxx5531]

Forget the warranty. Suggest you read up on this

Your legal rights if something goes wrong with your car

When you buy a new or used car from an official dealer, you are protected by the Consumer Rights Act 2015 if the vehicle develops a fault

www.whatcar.com

When you say they have offered to refund half the payment, I assume you mean half the costs that you would incur fixing it? Its their problem entirely, not yours, hence them offering that off the bat.

However I suspect they will gondown this route;

What’s not covered by the law?​

Dealers are not required to rectify any component that fails due to ‘fair wear and tear’, such as tyres or brake discs that wear out due to normal use. That also applies to any specific fault a dealer told you about prior to purchase. The Consumer Rights Act cannot be used to reject a car if you’ve simply changed your mind about buying it, either.