Who's to blame and what redress do I have and with whom?

I bought a Citroen Berlingo 1.9 Diesel van on a 52-plate (2002) with 89,200 miles from a local garage on the 30th March 2010. Within the first week, the auxiliary fan belt shredded itself. The garage replaced the auxiliary fan belt straight away and it started squeaking. The garage owner said the fan belt would have to bed itself in before the squeaking would go. I have never heard of this before. By the 13th May 2010, the squeaking was now intermittent and then the auxiliary fan belt shredded itself again. I called the garage where I bought the van and they came and collected it to replace the belt again. Later that day, the owner of the garage told me that the big ends had gone and I would need a new engine. He then asked who had replaced the oil filter and oil. I said that I had taken the van for an oil change and new filter (service) to a major high street garage on the 7th April 2010 six days earlier. The garage owner where I bought the van told me to contact the major high street garage as they were the last people to touch or service the van and to request they sort out my van. The manager at the major high street garage said they did a service as requested and it was nothing to do with them. It took a major high street garage an hour and a half to do the service and provide a vehicle inspection which I wanted as the van needed an MOT next month (June). They charged me £100 for the service. When questioned about the time it took them to do the service, they said they had ordered the parts for a VAUXHALL COMBO by mistake. They then had to reorder the correct parts for a Citroen Berlingo, hence the delay. On my sales invoice it states that the van is a Vauxhall Combo but the description of the air, fuel and oil filters says Citroen. Trading standards has said the major high street garage is possibly responsible under the "Supply of Goods & Service Act" as they did not carry out the service properly and the engine had blown up within 6 days of a service that they had done. The van had only done 130 miles within those 6 days. Trading Standards also said the garage owner could be responsible under the "Sale of Goods Act" but it was dependent on the age and the nature of the fault or problem as to whether they were responsible as the van now needed a new engine within 43 days (6 weeks) of purchase having done 497 miles. The owner of the garage has since said that he does not offer any warranty on his vehicles. This was never mentioned when we were buying the van as it would have influenced our decision to buy the vehicle or the price we were willing to pay. I thought that I would have had some statutory rights within two or three months. I then asked him why anyone would buy a van from him? The garage owner was recommended by my brother in-law who has known the owner for many years, his business had been established for 35 years and only deals in commercial vans. On the surface it seemed a reputable garage that you could feel confidence doing business with. The owners only reply to my question was that he sells and repairs cars and does not manufacture them and how can he be responsible for an 8 year old van. A flippant reply I thought for someone who had been in business for so long. Who do you believe is at fault and how do you feel I should proceed as the garage owner says he will provide independent inspection of the van for any small claims court case as I am not with the AA or RAC – I cannot believe that the garage owner who sold the van can provide an independent inspection. The garage owner is looking for a used engine as a replacement that he wants to charge me around £1,000. I can get my van engine reconditioned and fitted again for £1,286 and 12 months warranty which I believe is better as the van is in good condition. We have still not had a receipt for the van when we purchased it after having requested it twice since. We paid by bank transfer so we have proof of payment.

Asked on 18 May 2010 by afrika

Answered by Dan Harrison
We'd agree with Trading Standards. You should read our advice on this subject on the site: www.honestjohn.co.uk/faq/garage-service-rip-offs www.honestjohn.co.uk/faq/consumer-rights
Dear Honest John,

Please help me choose my next car. I would like it to have:
    Select a few terms below
Similar questions
I was never informed that a 7-month-old Discovery I bought was an import and now two years later this has affected the price. The vehicle was purchased from Land Rover main dealer. What can I do?
Two weeks ago I bought a used car from an independent, it was HPI clear and at a bit above market value but with full history. My issue is in the paperwork I found body shop invoices and quite a bit of...
On the 16th of March I went to see and test drive a Nissan at the West-Way Garage Stourbridge. My daughter test drove a Nissan Micra Visia. As it did not have air conditioning we were keen to buy a Micra...
 

Value my car

Save £75 on Warranty using code HJ75

with MotorEasy

Get a warranty quote

Save 12% on GAP Insurance

Use HJ21 to save on an ALA policy

See offer