Dr_evil Posted November 24, 2011 Report Share Posted November 24, 2011 Well I bought an engine for my Landrover a month back and the guy stated it would fit and signed a contract adhering to that statement, I have a witness too. He delivered it in person and saw the vehicle it was going to go into. Now the engine doesnt fit, my mechanic at the LR garage took the old engine out and went to put the new one in……….it wouldn't fit Filed a complaint with paypal and they won't give me a refund now after saying they would so I'm out £410 for the engine and then another £39 for the postage cost I just wasted :angry: :angry: :angry: :angry: :angry: :angry: :angry: So to sum up………..is there anything I can do to get my money back other than sell for a loss to get a portion back ? Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 Oh as to the time scale; Bought the item mid-late October, it then went to the garage a week later where it was found that it wouldn't fit (obviously I couldn't carry out the work as I'm not qualified and didn't have the tools,) filed a complaint with paypal on the 2nd November Quote Link to comment Share on other sites More sharing options...
jasons gold Posted November 24, 2011 Report Share Posted November 24, 2011 Obviously this engine is not new So it will probably be buyer beware Was it bought from a company or private individual Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted November 24, 2011 Report Share Posted November 24, 2011 (edited) I would say that your contract is with the vendor and not with paypal they are just the payment mechanism. I would approch him and ask him to collect the engine and provide a refund. If he refuses speak to a solicitor as the goods are clearly not fit for purpose and you have unequivocal documentary evidence that they were sold as such. Edited November 24, 2011 by Fisherman Mike Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 It was bought from a mechanic who sold it on behalf of a company as far as I can gather My main gripe is that he signed a contract stating that it would fit and it obviously doesnt :( I would say that your contract is with the vendor and not with paypal they are just the payment mechanism. I would approch him and ask him to collect the engine and provide a refund. If he refuses speak to a solicitor as the goods are clearly not fit for purpose and you have unequivocal documentary evidence that they were sold as such. I did originally, he offered me £200 (half of the original cost) and I had to post it back to him He refused to give me a full refund for it and now will not even answer texts or phone calls What would be the timescale for a lawyer based approach ? Quote Link to comment Share on other sites More sharing options...
Robin128 Posted November 24, 2011 Report Share Posted November 24, 2011 From memory...Sale of Goods Act...not fit for purpose...just get a judgement in small claims court...a threat normally concentrates their minds. There are some right scammers out there. Been caught myself. Quote Link to comment Share on other sites More sharing options...
WelshLamb Posted November 24, 2011 Report Share Posted November 24, 2011 What engine is it? I only ask as I'm after a landy engine for my 90 Quote Link to comment Share on other sites More sharing options...
jasons gold Posted November 24, 2011 Report Share Posted November 24, 2011 You can file a claim at the small claims court your self which will be cheaper as he probably wouldn't pay your costs if solicitors are involved Probably better off going to trading standards Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted November 24, 2011 Report Share Posted November 24, 2011 It was bought from a mechanic who sold it on behalf of a company as far as I can gather My main gripe is that he signed a contract stating that it would fit and it obviously doesnt :( I did originally, he offered me £200 (half of the original cost) and I had to post it back to him (he has then admitted the engine was not suitable for the use intended and has a liability) He refused to give me a full refund for it and now will not even answer texts or phone calls What would be the timescale for a lawyer based approach ? I would first write to him or the company he sold it on behalf of and set out that you want a full refund in exchange for the return of the engine. enclose a copy of the original contract where it says it will fit and just give him say a 14 day payment period after which time the matter will be put in the hands of a solicitor. If he/they dont cough up instruct your solicitor to proceed through the small claims court and ask to recover costs also. If they dont respond to such an open and closed case they must be either complete charlatans or incredibly stupid. Quote Link to comment Share on other sites More sharing options...
V8landy Posted November 24, 2011 Report Share Posted November 24, 2011 (edited) My main gripe is that he signed a contract stating that it would fit and it obviously doesnt : As my user name suggests I tinker about a bit with Land Rovers, and generally they are very far from the original when they came out the factory due to people like me modifying them . Not to dash your hopes but are you sure your land rover is what it says on the name badge? And if not, surely if the engine is slightly there it can be made to fit...I fit V8 engines in my land rovers! Edited November 24, 2011 by V8landy Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted November 24, 2011 Report Share Posted November 24, 2011 What engine is it? I only ask as I'm after a landy engine for my 90 Who cares? it WILL fit and its only £500 quid :lol: Quote Link to comment Share on other sites More sharing options...
TaxiDriver Posted November 24, 2011 Report Share Posted November 24, 2011 Well I bought an engine for my Landrover a month back and the guy stated it would fit and signed a contract adhering to that statement, I have a witness too. He delivered it in person and saw the vehicle it was going to go into. Now the engine doesnt fit, my mechanic at the LR garage took the old engine out and went to put the new one in……….it wouldn't fit Filed a complaint with paypal and they won't give me a refund now after saying they would so I'm out £410 for the engine and then another £39 for the postage cost I just wasted :angry: :angry: :angry: :angry: :angry: :angry: :angry: So to sum up………..is there anything I can do to get my money back other than sell for a loss to get a portion back ? Sadly another example of PaySCAM favouring the Ebay customer/seller from whom they(Ebay) make their money. You could file a claim at small claims court maybe, gotta be worth looking into ? Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 24, 2011 Report Share Posted November 24, 2011 (edited) You need to be absolutely clear about what exactly the contract says. Does it says it will fit a Landrover, a particular year or that it will fit your Landrover (with your registration on it) - without any modification whatsoever? You are saying it doesn't fit. He might argue that it could be made to fit. Your own mechanic believed it would fit straight in. What exactly doesn't fit? Bellhousing, gearbox input shaft? We don't have the full facts, but on the basis of what is posted here, I don't believe it is straightforward. Edited November 24, 2011 by Gordon R Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 (edited) From memory...Sale of Goods Act...not fit for purpose...just get a judgement in small claims court...a threat normally concentrates their minds. There are some right scammers out there. Been caught myself. I hate scammers :( they ruin what used to be a good site, I'll pop into town tomorrow and ask the local lawyer What engine is it? I only ask as I'm after a landy engine for my 90 I've sent you a PM, it'll fit any LR with an LT75,77 or R380 as far as I remember (from my mechanic who's been on LR's for 34 years not chief bull****) You can file a claim at the small claims court your self which will be cheaper as he probably wouldn't pay your costs if solicitors are involved Probably better off going to trading standards" I'm going to give them a ring tomorrow and see what they say about it I would first write to him or the company he sold it on behalf of and set out that you want a full refund in exchange for the return of the engine. enclose a copy of the original contract where it says it will fit and just give him say a 14 day payment period after which time the matter will be put in the hands of a solicitor. If he/they dont cough up instruct your solicitor to proceed through the small claims court and ask to recover costs also. If they dont respond to such an open and closed case they must be either complete charlatans or incredibly stupid. I'll do so after asking for some legal advice at the local lawyers office (I do have an aunt and uncle who are lawyers too so they can always help out) the guys a retard he tried to argue the fitting of the engine with my mechanic who's a lot lot lot better than he'll ever be As my user name suggests I tinker about a bit with Land Rovers, and generally they are very far from the original when they came out the factory due to people like me modifying them . Not to dash your hopes but are you sure your land rover is what it says on the name badge? And if not, surely if the engine is slightly there it can be made to fit...I fit V8 engines in my land rovers! My LR is a 1974 series 3, I've dismantled it and rebuilt it so I know what it is, this engine came from a LR 110 snatch and he stated it would fit into my vehicle (will upload a copy of the receipt he signed in a bit) The engine was rebuilt by LR themselves for the MOD in 06 as well so as far as I can tell its pretty much standard apart from the carbs Sadly another example of PaySCAM favouring the Ebay customer/seller from whom they(Ebay) make their money. You could file a claim at small claims court maybe, gotta be worth looking into ? I think it might be the best option in this case, I'll ask at the lawyers and pop into the courthouse tomorrow to ask for some more advice Edited November 24, 2011 by Dr_evil Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 You need to be absolutely clear about what exactly the contract says. Does it says it will fit a Landrover, a particular year or that it will fit your Landrover (with your registration on it) - without any modification whatsoever? You are saying it doesn't fit. He might argue that it could be made to fit. Your own mechanic believed it would fit straight in. What exactly doesn't fit? Bellhousing, gearbox input shaft? We don't have the full facts, but on the basis of what is posted here, I don't believe it is straightforward. The contract states it will fit the LR WYU692M as in mine, it reads "the engine is fit and compatible with vehicle WYU692M" The input shaft to gearbox doesnt match the crank from the engine Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 Thats what was signed Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 24, 2011 Report Share Posted November 24, 2011 (edited) I do think you have a legitimate point, but still feel that he may wriggle out of it. If you changed your gearbox, the engine would fit your vehicle. The receipt does say - "inability to fit". Morally, I think you are 100% correct. Legally - I would not like to stake money on it. Good luck though. The threat of small claims court could well do the trick. You can do it on-line:- http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part07e.htm Edited November 24, 2011 by Gordon R Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 I do think you have a legitimate point, but still feel that he may wriggle out of it. If you changed your gearbox, the engine would fit your vehicle. Morally, I think you are 100% correct. Legally - I would not like to stake money on it. Good luck though. The threat of small claims court could well do the trick. You can do it on-line:- http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part07e.htm My response to that statement would be that its "compatible and fit for vehicle WYU692" it doesnt state that my LR would require modification to make it fit, I know that then again it doesn't say that it will fit without modification but its a fair enough assumption that you'd only buy a new engine with the intent to fit it without serious modification Hence buying a LR block rather than a chevy 350 block or something of the like Just hope I can get some legal recourse on it Quote Link to comment Share on other sites More sharing options...
des Posted November 24, 2011 Report Share Posted November 24, 2011 The contract states it will fit the LR WYU692M as in mine, it reads "the engine is fit and compatible with vehicle WYU692M" The input shaft to gearbox doesnt match the crank from the engine Quote Link to comment Share on other sites More sharing options...
des Posted November 24, 2011 Report Share Posted November 24, 2011 The contract states it will fit the LR WYU692M as in mine, it reads "the engine is fit and compatible with vehicle WYU692M" The input shaft to gearbox doesnt match the crank from the engine ihad same problem bought a secondhand landrover 3 wks clutch gone got advice off solictor faxed warrenty told me i was stumped if you payed by card maybe a chance soz to hear bad news Quote Link to comment Share on other sites More sharing options...
Muggins. Posted November 24, 2011 Report Share Posted November 24, 2011 The signed and sellers signatures look very suss. Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 The signed and sellers signatures look very suss. I have a feeling thats not actually his real sig as it looks like a scribble, didn't notice it until I looked at the contract at a later date Quote Link to comment Share on other sites More sharing options...
V8landy Posted November 24, 2011 Report Share Posted November 24, 2011 (edited) edit! Edited November 24, 2011 by V8landy Quote Link to comment Share on other sites More sharing options...
Dr_evil Posted November 24, 2011 Author Report Share Posted November 24, 2011 Thats my dad I'm the buyer not the seller the sellers named Danielle Bradley Quote Link to comment Share on other sites More sharing options...
V8landy Posted November 24, 2011 Report Share Posted November 24, 2011 (edited) Thats my dad I'm the buyer not the seller the sellers named Danielle Bradley LOL! I read it as the name was the seller. Nice place by the way. Good job I did not drum up support to run an Trip Advisor Pigeon watch campagain against the place. Edited November 24, 2011 by V8landy Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.