to take this to small claims

[SmellsLikeTeenStrop]

Dh and I recently got a second hand car. Amongst various issues with it we've discovered that features that were advertised on the car, like air conditioning, are not actually in working order.

We contacted the garage by phone to say we'd like the air conditioning isn't working and could they recharge it - they refused.

We followed this up with a letter pointing out their legal obligation to make sure that features which are advertised on a car must be in working order. They responded by by sending us a letter with photos of various signs in their office stating they do not check all features are working, and a weird ranty letter going on about the car we gave them in part-ex and how it had some problems we hadn't told them about, followed by a refusal to fix the air con and a declaration that they won't discuss this any more. It doesn't matter how many signs they have saying that they don't check all the features - if a car is advertised with air conditioning then the aircon must be working. It also doesn't matter what condition our old car was in because they gave us a part-ex offer over the phone before they'd even had a chance to see the car, and they didn't once ask to check the car over. Also the rules for private sellers are different to dealerships.

The next step is small claims. I think we should go for it mainly out of principle but DH Is hanging back and thinks it's not worth the hassle. It's an independent dealership and my spidey sense tells me that they've probably been doing this for some time, selling cars that aren't actually what they are advertised to be.

Well MN jury, would it BU to take this to small claims?

Also, we have had legal advice and the solicitor we spoke to says legally we have the right of it.

Legally you may do, but we have been through it for far more serious things to do with a car rather than air conditioning, which would coast less than £100, we are now at the stage of the Court Bailiffs being involved, this has been going on since August last year and we have spent over £400 to get this far. Plus there is the tit for tat thing and they may take you to small claims themselves.

That's DH's thought process, that this could become long and drawn out and is it really worth it over repairs that will be less than £100.

Will you be able to reclaim your legal costs?

Yes that is included in the claim, but they have had to put a levy on two computers and a car to be sold at auction for us to get the money as teh dealers were not playing ball, we may or may not get all of the money and at the moment the court is struggling to establish if they are the legal owner of the car. The owner who did own it has done all the paperwork, but it seems thay haven't which is hardly surprising as we had to sort out our own log book for the vehicle we bought.

What about a threat to report them to Trading Standards? Do it anyway before some other poor soul gets hit.

Yes, report the misleading adveryisement to Trading Standards.

Apart from that, you said that they sent you photographs of notices in their offices.

Were you allowed into their offices?
If you were allowed into that part of the building, were the notices obscured by coats hanging up or were the notices too small to espy or read? If they were, they could be considered as 'unreasonable terms'.

The notices aren't worth the paper they're typed on if they're unreasonable.