MICAWRX

Any advice out there please.

Sold my FSH L200 Warrior and the guy blew it up driving home.

The car had been problem free for me, and I drove it 300 miles for him to view it, and then 100 miles for him to pick it up.

The failure happened on his way home, oil pressure light came on (didnt stop!) then EML light and then no boost and some 'rushing' noise from under the bonnet and oil deposited everywhere... including under the boot floor.
He had been driving it at 85mph+ (L200 is very low geared)

There was a transferable warranty that has not been transferred yet with a £1000 claim limit.

The guy is friendly enough and the car will get a full appraisial of damage tomorrow. The truck runs with no rattles but wont rev... thinks it may be turbo and its feed line.

How do i stand going forward... do I have any accountabilty for failure???

dnc

Don't believe you have any liability. Can imagine its easy to feel a bit 'guilty' but as you say there was nowt up with the car, then you can have a clear conscience.
dnc

MICAWRX

Its hard not to feel guilty, but the car was mint....
...more difficult as the bloke is great...

From my POV, what have I done wrong..

interested as it may end up in court if it isnt fixed easily, I imagine.

TonyBurns

iTrader: (3)

My mate had (still has) an L200, he picked that up and 1 week later it ejected a piston through the block, known issue supposedly.....!

Tony

corradoboy

I was once led to believe that even a private 'sold as seen' sale has about 72 hours of grace in which the buyer can demand a refund or repair if the item is not as described. As you seem an OK bloke, and you get the impression he is, I'm sure you can come to an arrangement for its repair.

oadamo

iTrader: (1)

you have no idea how he drove this thing after you sold it, he could of went off road flat out in first gear and blew it, you dont no. if it was fine when you sold it its his problem.
adam

GC8

Unless it was dangerous, or you misdescribed it in some way (say you knew the turbo was about to fail and bodged it, then sold the car as good), then the responsibility lies with the purchaser.

MICAWRX

Yup, the sold as seen thing is a bit grey here.

The car was as decribed, he even looked under the bonnet at a petrol station on the way home and agreed it was immaculate... until one long thrash later..

..the oil was checked before the trip to deliver.

L200's are known for failures... usually OK once they have got 60k safe miles... affected later ones (2003 on) because Mitsi couldn't keep up with the demand after a rush of sales and cut corners with suppliers...

....I suppose L200 unreliabilty could help me in any case!!

PaulC72

Well he had the option to have it fully inspected by the RAC or whoever which would probably have covered him, he paid and drove it away.

The only thing I can see you can help him with is the transferable warrenty situation, not quite sure how you would work it but to me thats all you as a kind person needs to do.

Steve vRS

+1

The 72hrs grace period has no basis in law as far as I know.

Steve

billythekid

Agreed, the seller in this case as a private individual has no come back - assuming there has been no funny business before hand...

GC8

Before making a warranty claim Id read all of the small print/exclusions/conditions relative to transfer. There may be a minumum claim free period for example, and teling them straight away may allow them to refuse the claim. If the V5 has been posted then you need to transfer and claim after making sure that all conditions are met.

MICAWRX

good point, will check...

Thanks...

RA Dunk

Good God!! I was actually thinking about buying one of these as a tow vehicle, I had heard the cranks were bad for going on the Navara's so had almost decided on a L200...till now

Anybody else have any problems with these?

peat729

I think you will find that if he has driven with the engine warning light on without stopping then that is his problem. He has chosen to drive with the light on so he should be responsable for any damage.

AndyUkImpreza

Its a funny thinh tbh, youve sold it as "sold as seen" which should mean once he's drove off thats it but if he decided to take it to small claims court it could be a pain in the *** for ya, in a private sale youve got certain rights, i bought a car just over 3 weeks ago which turned out to have a chasis rail full of filler ( spotted day after i bought it ) phoned trading standards that gave me a number to ring and basically they said if the car wasnt honestly described then i had a strong case against him, lucky for me the women rang the guy and explained that he was in the wrong and in the end i took it back for a full refund, But as said above he's drove with warning light on so i cant see him having much of a chance unless he deni's it

hodgy0_2

if you want comeback surely you buy from a dealer

isn't that what they are there for

MICAWRX

Thats fair enough, but I couldn't have described the car more honestly.

It was a FSH vehicle that drove perfectly AFAIK and he saw the car after a 150 mile drive to view and a 100 mile drive to pick up.

....As you say, it will probably end up in the small claims and be a pain in the a$$ for all.

Anyroad, we'll get the feedback on what he's done today!

The Zohan

+2

53

iTrader: (41)

If you do go to court be consistent

huzzy1

iTrader: (1)

Read it properly; he has.

53

iTrader: (41)

MICAWRX

Leslie

Well if he drove it with the oil pressure warning light on he hasn't got anyone tp blame but himself. Thats very basic when you think about it.

He was obviously hammering it a bit if it is that low geared too.

You know all was apparently ok when you sold it-full of oil too.

Despite what your conscience tells you, and I would feel the same as you too, the problem is still all down to him. If you want to help out with the repair, that is purely down to you.

Les

MICAWRX

It looks like all the replies are pointing in the one direction here.

I will see what the damage is today and consider a goodwill gesture if not too pricy with a letter denying responsibility.

If it is a major rebuild, I will have to seek legal advice I think.

The oil light coming on and not investigating is unreal, first thing I did when I bought my Scoob was to check the oil level...
If he had done this and then seen the oil lamp the alarm bells would surely have rang.

Mrs followed me to Leeds and there was not a hint of smoke for 100 miles... thats another thing that is bugging me!

He admitted he has blown up 4 engines before... I have had 30 cars and not blown one...

BlkKnight

Is it possible he killed it on purpose hoping to get some funds towards rebuilding the engine?

Terminator X

iTrader: (7)

Sold as seen (did you write that on sales ticket) so whilst it's bl**dy hard nosed, it's not really your problem is it? I'd be tempted to be helpful & friendly but not get sucked in to getting too involved.

TX.

Terminator X

iTrader: (7)

Not worth the paper they are written on anyway ... doubt that anyone could make a succesful claim ever let alone the chap in question.

TX.

Dedrater

Do not give a goodwill gesture, as this could lead to legal implications on your part.

As has been said, all private sales use the standard procedure of Sold As Seen, as such, each of you have no legal obligation to one another (you can't ask for the car back, he can't ask to for a refund, under any circumstance) You also don't need to write this on any form of receipt, so if you did/did not do this, it is irrelevant anyway.

If you are in any shape or form a Motor Trader, then this all changes, under the Consumer Transactions Order 1976 it's a criminal offence for a motor trader to use a statement such as 'sold as seen'

Basically, just leave it and explain to him it was sold as seen, he will not find a Solicitor in the land to submit a claim against you, so anything sent will be off his own back and if it ever gets to that stage, PM me and I will supply you with a counter defence where you can claim all of you costs, for wasted time, letter writing (£10 ph) and stationary etc

MICAWRX

Cheers