Engine not as advertised

Author
Discussion

stichill99

Original Poster:

1,046 posts

182 months

Tuesday 19th September 2017
quotequote all
I was looking for a mk3 golf AAZ code td engine from a mk3 golf. This engine is popular for conversions as it has a mechanical fuel pump and few electrics.
I saw on the mk1 golf website just such an engine advertised. At the top of the advert in bold letters quite clearly stated AAZ TD engine . When I phoned and enquired he said it was just what I was looking for. I bought it for £250 and organised a courier to uplift.(£86 to haul it from near Bristol to Scotland)
When the engine arrived and I unpacked it the next day I straightaway noticed it had an electronic fuel pump and was a much later tdi engine.
When I contacted the owner he first denied it was advertised as an AAZ but then agreed a refund. A fortnight has passed and nothing forthcoming. When I contacted him he just said I have not received the engine yet and was expecting me to have at my further expense to have sent it back.
From my point of view it is up to him to give me my money back for engine and courier as he quite clearly misrepresented the engine and the he can arrange a courier to collect engine. He then offered to send me the money for couriering the engine back to him and he would reimburse me for the engine but not my courier fee. If I send the engine back I will then be £336 down and no engine hoping he will pay me. Not a situation I want to be in.
If I take him to the small claims court what do you think they would decide?

KungFuPanda

4,334 posts

171 months

Tuesday 19th September 2017
quotequote all
Is it really worth the hassle for the cost of the courier fee? Do you have his home address for service of the Claim Form? Do you have a screenshot of the advert?

megaphone

10,736 posts

252 months

Wednesday 20th September 2017
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How did you pay for the engine?

mgv8

1,632 posts

272 months

Wednesday 20th September 2017
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Tell him to play ball or your next step in small claims. Check you have notes of every contact you have made and you may need to write to him and give a time limit to comply with your request.

InitialDave

11,927 posts

120 months

Wednesday 20th September 2017
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I assume this is a private seller rather than a business?

Definitely would be wanting the money back myself, question is how easy that will be.

While frustrating to admit defeat, as it were, could selling the engine on recoup you the money? If you paid a good price on it, and someone more locally needs one, that might be a better cash to hassle ratio for you.

Did he have photos of a completely different engine on the advert or something?

stichill99

Original Poster:

1,046 posts

182 months

Wednesday 20th September 2017
quotequote all
Paid by bank transfer. I have his bank details,workshop address and house address through a planning application he made. I just don't see why it should even cost me the courier when he knew it was the wrong engine.

stichill99

Original Poster:

1,046 posts

182 months

Wednesday 20th September 2017
quotequote all
It was in bold letters at top of advert AAZ TD engine and gearbox. These are wanted much more than a tdi so he knew what he was doing advertising it as an aaz. My fear is if I send the engine back as he wants me to do I will end up £336 down with no engine and no refund where if I have the engine I at least have something.

superlightr

12,856 posts

264 months

Wednesday 20th September 2017
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stichill99 said:
It was in bold letters at top of advert AAZ TD engine and gearbox. These are wanted much more than a tdi so he knew what he was doing advertising it as an aaz. My fear is if I send the engine back as he wants me to do I will end up £336 down with no engine and no refund where if I have the engine I at least have something.
you may be in a better positon to start a claim if you do send it back. Pretty clear cut, you have done everything reasonably and fairly he has not. Start a claim for your loss if he doesn't pay back what you think is owed to you for his miss-selling the part.

strain

419 posts

102 months

Wednesday 20th September 2017
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Did you not ask for photos of the engine?

InitialDave

11,927 posts

120 months

Wednesday 20th September 2017
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When you say you have his workshop address, is he a business?

megaphone

10,736 posts

252 months

Wednesday 20th September 2017
quotequote all
Have you had anything in writing that he will refund on receipt of the returned engine? I would demand this before I sent it back.

Steve57

2,159 posts

243 months

Wednesday 20th September 2017
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Rather than messing around with this waster would it be easier to sell the engine on? Assuming you can make your money back on it?

stichill99

Original Poster:

1,046 posts

182 months

Wednesday 20th September 2017
quotequote all
Why would I ask for photos when it was clearly advertised as AAZ TD? He is not a business. After a google search he has had a few businesses that have failed which tells me a lot but this was a private sale.

SantaBarbara

3,244 posts

109 months

Wednesday 20th September 2017
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Buyer Beware should be our motto

InitialDave

11,927 posts

120 months

Wednesday 20th September 2017
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SantaBarbara said:
Buyer Beware should be our motto
Does "don't be a knob and straight up lie about what you're selling" not fit on a t shirt?

sim72

4,945 posts

135 months

Saturday 23rd September 2017
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Is it a 1Z or AHU engine? If it is, just sell it, you'll probably get more than £250 for it. Very popular for TDi conversion especially amongst the T4 fraternity (from 1.9TD and 2.4D), might be worth advertising on a FB T4 page or similar.