That engine I bought from RS-ST Spares... Legal Action??
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Evening guys,
Well, after the thread about naming and shaming RS-ST Spares found here:
https://passionford.com/forum/genera...ml#post4934606
I never did receive the £75 refund that was promised in writing to me![Rolling Eyes](https://passionford.com/forum/images/smilies/icon_rolleyes.gif)
I have had no reply to any of my attempts to contact Leigh Lush trading as RS-ST Spares and Paypal funnily enough "are not in a position to assist in transactions of this nature"![Rolling Eyes](https://passionford.com/forum/images/smilies/icon_rolleyes.gif)
I'd pretty much given up on the whole thing until today when i took the sump of the engine i'd received...
Bearing in mind one of my initial complaints was regarding "excessive corrosion to the sump pan", I decided to change it today and upon removing the sump found this:
![](http://img.photobucket.com/albums/v208/STslayer/claim1.jpg)
![](http://img.photobucket.com/albums/v208/STslayer/claim3.jpg)
I picked a bit out to try and work out what it was:
![](http://img.photobucket.com/albums/v208/STslayer/claim4.jpg)
And the honest answer is, I haven't a clue what it is![Confused](https://passionford.com/forum/images/smilies/icon_confused.gif)
It isn't metallic that i can tell, certainley doesn't feel sharp or have any visible 'brightness' to it, nor is it magnetic.
It feels 'gritty' like its a very hard, very brittle plastic or similar.
However, having been sold the engine as "in great condition, I drove it in before removing it" with approx. 40,000 miles on, as you can imagine i'm not impressed.
I've not pursued stripping it any further as if I do take the legal action route (which I think is my only option now) then I suspect further examination will have to be done independantly.
Now, as I understand it, the Sale Of Goods act states that the product sold must meet a standard of satisfactory quality and be fit for purpose. As this engine has now been found (2 weeks after delivery and initial complaint) to fall below that standard, my understanding is that the seller must remedy this by repair or replacement.
Is there anything along the 'misrepresentation of goods' act that I can also use?
I will speak with my solicitor on Monday morning, but I suspect I need to send a letter before action to the seller stating the problems and give him 14 days to offer a solution prior to issuing small claims court proceedings?
Anyone know anything else that I should be aware of???
Well, after the thread about naming and shaming RS-ST Spares found here:
https://passionford.com/forum/genera...ml#post4934606
I never did receive the £75 refund that was promised in writing to me
![Rolling Eyes](https://passionford.com/forum/images/smilies/icon_rolleyes.gif)
I have had no reply to any of my attempts to contact Leigh Lush trading as RS-ST Spares and Paypal funnily enough "are not in a position to assist in transactions of this nature"
![Rolling Eyes](https://passionford.com/forum/images/smilies/icon_rolleyes.gif)
I'd pretty much given up on the whole thing until today when i took the sump of the engine i'd received...
Bearing in mind one of my initial complaints was regarding "excessive corrosion to the sump pan", I decided to change it today and upon removing the sump found this:
![](http://img.photobucket.com/albums/v208/STslayer/claim1.jpg)
![](http://img.photobucket.com/albums/v208/STslayer/claim3.jpg)
I picked a bit out to try and work out what it was:
![](http://img.photobucket.com/albums/v208/STslayer/claim4.jpg)
And the honest answer is, I haven't a clue what it is
![Confused](https://passionford.com/forum/images/smilies/icon_confused.gif)
It isn't metallic that i can tell, certainley doesn't feel sharp or have any visible 'brightness' to it, nor is it magnetic.
It feels 'gritty' like its a very hard, very brittle plastic or similar.
However, having been sold the engine as "in great condition, I drove it in before removing it" with approx. 40,000 miles on, as you can imagine i'm not impressed.
I've not pursued stripping it any further as if I do take the legal action route (which I think is my only option now) then I suspect further examination will have to be done independantly.
Now, as I understand it, the Sale Of Goods act states that the product sold must meet a standard of satisfactory quality and be fit for purpose. As this engine has now been found (2 weeks after delivery and initial complaint) to fall below that standard, my understanding is that the seller must remedy this by repair or replacement.
Is there anything along the 'misrepresentation of goods' act that I can also use?
I will speak with my solicitor on Monday morning, but I suspect I need to send a letter before action to the seller stating the problems and give him 14 days to offer a solution prior to issuing small claims court proceedings?
Anyone know anything else that I should be aware of???
![tiff](https://passionford.com/forum/images/smilies/punchballs.gif)
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#10
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No ![Wink](https://passionford.com/forum/images/smilies/icon_wink.gif)
I paid £575 for the engine, sold to me in 'full working order', but it was delivered a week late (with various poor excuses) and some of the ancilliaries were damaged.
I had opened a Paypal dispute for 'non receipt of item' and whilst it was open he promised to give me a partial refund of £75 to cover the broken bits and the mess around on delivery. He told me I needed to close the dispute to allow him use of his account to issue me the refund...
It never came
![Wink](https://passionford.com/forum/images/smilies/icon_wink.gif)
I paid £575 for the engine, sold to me in 'full working order', but it was delivered a week late (with various poor excuses) and some of the ancilliaries were damaged.
I had opened a Paypal dispute for 'non receipt of item' and whilst it was open he promised to give me a partial refund of £75 to cover the broken bits and the mess around on delivery. He told me I needed to close the dispute to allow him use of his account to issue me the refund...
It never came
![Rolling Eyes](https://passionford.com/forum/images/smilies/icon_rolleyes.gif)
#11
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I guess i've been spoilt and only ever worked on engines that customers have cared about
![Surprised](https://passionford.com/forum/images/smilies/bigcry.gif)
Out of interest, what sort of mileage have they covered without oil changes for it to occur as the mileage of this engine 'seems' higher than the (two different!) figures i've been given...
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#14
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yet another scamming twat then. at least it wasnt a big spec ££££ yb lump mate.
if it is low mileage it definitly hasnt been serviced regular thats for sure by the state of the sump.
if it is low mileage it definitly hasnt been serviced regular thats for sure by the state of the sump.
#19
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![Surprised](https://passionford.com/forum/images/smilies/bigcry.gif)
![Surprised](https://passionford.com/forum/images/smilies/bigcry.gif)
did you not see that thread of the american bmw that did like 90,000 without a change or something like that it was in a right state
![Surprised](https://passionford.com/forum/images/smilies/bigcry.gif)
real shame to get stung but he's a very stupid seller to let the engine go to you i'm guessing through this forum as word like it already has will get around quickly that he's deffo not genuine.
hope it all gets sorted for you.
P.s isn't there a law where as he's a buisiness you'll have a 3 month warranty against it not being fit for purpose as it's like this with cars from dealers, esp as all sign's point to it not being as advertised
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I've not taken the rocker cover off - i'm not touching it again now until i've had legal advice.
Although i'm very tempted to send some of the oil off for analysis and see if I can find out more...
I'm curious like that
Although i'm very tempted to send some of the oil off for analysis and see if I can find out more...
I'm curious like that
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#21
burnzy
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well the more info you get the better off you will be, if you have or no of someone that can analise it then i'd say deffo go for it, i'm sure it'll bring the truth out to condition of the engine.
curious is always best and trust no one till they prove themselves is all i say
and even then you can get stung but it's they way i work, just a shame it's all happened really esp on a site thats supposed to be for enthusiasts
.
will citizens advice be any good on this matter, anyhow i'm sure you'll have it all to hand soon enough and best of luck
curious is always best and trust no one till they prove themselves is all i say
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will citizens advice be any good on this matter, anyhow i'm sure you'll have it all to hand soon enough and best of luck
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i got stung by them a while back but they wasn't trading on here as a trader not even a goldmember at the time iirc
said they had parts i needed send payment then only some parts arrived and letter
stating contact them for a part refund as they didn't have rest in stock
tried with no response too but it was only a few pounds
sorry to see other people are having worst trouble with them too
said they had parts i needed send payment then only some parts arrived and letter
stating contact them for a part refund as they didn't have rest in stock
tried with no response too but it was only a few pounds
sorry to see other people are having worst trouble with them too
#26
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shame you cant ring him and tell him your bringing back for exchange or money back if no joy there then proceed with your solicitor etc , being face to face could make it a damm site less stressfull and end up with a better engine , just my tuppence worth
Mike
Mike
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Et voila.
Taz1787 - how did you pay for the parts? The reason I ask is that Paypal have said that if multiple complaints are made against someone that historic cases will be reopened and examined. I've filed a complaint against him this evening...
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My solicitor will be informed on Monday to issue a Letter Before Action after which he'll have 14 days to refund, repair or replace the engine or it'll be taken to the Small Claims Court.
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Interestingly, I ran a similar thread on the Ford Focus Owners Club as that's another forum I know he trades on - few more unhappy people have stepped forward... ![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
http://www.ffoc.co.uk/modules.php?na...topic&t=237201
![Sad](https://passionford.com/forum/images/smilies/icon_sad.gif)
http://www.ffoc.co.uk/modules.php?na...topic&t=237201
#30
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http://www.theoillab.co.uk/?gclid=CP...FYts4wodMQ0hww
Get the oil from the sump tested, at least then you can produce results if it does go to court etc.
Get the oil from the sump tested, at least then you can produce results if it does go to court etc.
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i hope you get it sorted mate. When i first bought my cossie and found out it had a few problems with it. I got in touch with citizens advice about my car. They asked how old my car was and said that not much can be done due to the age of the car.
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Oh well, no biggy, i've got both his home and his work addresses, guess it won't hurt to send one to both addresses!
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#36
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That is lack of oil changes and cheap oil imo, the oil can no longer support any more carbon(the reason it gets changed, and the reason it goes black), so it accumulates in hard crystaline structures, totally normal, but boy do they do damage, we all know how strong carbon can be, would be interesting to see state of oil pump lobes, bet they're pitted to hell.
I would do as you suggested though, leave alone for an independant person to strip fully.
I've never seen a sump that bad before, best of luck to you anyway, and thanks for the heads-up, will save more people getting mugged off.
tabetha
I would do as you suggested though, leave alone for an independant person to strip fully.
I've never seen a sump that bad before, best of luck to you anyway, and thanks for the heads-up, will save more people getting mugged off.
tabetha
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For what you have planned for it Will, doesn't fill you with confidence it is going to last at all. Aren't you qualified to strip the engine and prepare a report yourself that will stand up or does it have to be independent?
#39
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That is lack of oil changes and cheap oil imo, the oil can no longer support any more carbon(the reason it gets changed, and the reason it goes black), so it accumulates in hard crystaline structures, totally normal, but boy do they do damage, we all know how strong carbon can be, would be interesting to see state of oil pump lobes, bet they're pitted to hell.
I would do as you suggested though, leave alone for an independant person to strip fully.
I've never seen a sump that bad before, best of luck to you anyway, and thanks for the heads-up, will save more people getting mugged off.
tabetha
I would do as you suggested though, leave alone for an independant person to strip fully.
I've never seen a sump that bad before, best of luck to you anyway, and thanks for the heads-up, will save more people getting mugged off.
tabetha
The bill for oil analysis and independant engineers report on the engine will of course be presented as part of the costs I will be seeking...
Last edited by Big Will_; 12-06-2010 at 02:03 PM.