Engine not as advertised
Discussion
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?
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?
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?
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?
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.
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.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff