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Legal matters

Small Claims Court or Not - any advice gratefully received

9 replies

surrogate2b · 17/04/2012 19:11

My Dad recently bought a 2007 plate second hand car from a reputable local dealer with low mileage. However, now the car has developed problems and undergoing diagnostic tests at the main dealers, it transpires that the Camshaft is seriously worn despite the car only having done 28K and needs replacing. The local dealer has said it is Dad's problem and the main dealer has said it would cost over 2k to replace. Dad has covered no more than 1000 miles in the time he has had the car and our usual mechanic has said there is no way the damage would have been caused in the short time that Dad has owned the car.

The local dealer has claimed that Dad shouldn't have used supermarket petrol as it doesn't have all the additives in it, our mechanic has claimed this as rubbish. The main dealer thinks the damage has been caused by condensation building up in the cam and wearing it.

Has the car been sold fit for purpose? Does anyone think we could have a claim against the local dealer? 2K to spend out on a car that cost 4K 4 months ago seems a bit of a naff deal from a firm that specialises in quality cars with low mileage.

Many thanks in advance.

OP posts:

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Moonlightbeekeeping · 18/04/2012 10:59

Hi, new to mumsnet but suggest you check out the legislation covering what you should do before issuing a claim - find out about the 'pre-acton protocol' for England and Wales, I found pre-actionadr.co.uk had loads about this. Hope it helps.

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prh47bridge · 17/04/2012 23:42

A second hand car must be of satisfactory quality taking into account its age and mileage. A seriously worn camshaft on a car 5 years old with only 28k on the clock does not sound like satisfactory quality to me. The claim that it the problem is caused by using supermarket petrol is clearly rubbish. I would get a report from the main dealer and go for it.

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LaurieFairyCake · 17/04/2012 20:57

Goodness, if that's true it's gone up a lot. I did it all online last time for £35 about 5 years ago.

[www.moneyclaimonline.gov.uk]

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izzyizin · 17/04/2012 20:48

Your dad can file a claim here: //www.google.co.uk/url?sa=t&rct=j&q=money%20claim%20online&source=web&cd=6&ved=0CFQQFjAF&url=http%3A%2F%2Fwww.direct.gov.uk%2Fen%2FMoneyTaxAndBenefits%2FManagingDebt%2FMakingacourtclaimformoney%2FDG_195688&ei=GUaHT5juN8LDhAfgh9DMCA&usg=AFQjCNFT3ngxb6eXYLMD_Df-4kYYWWnvRw&cad=rja

However, before doing so I would suggest that your dad has a word with his local authority's Trading Standards department.

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iheartdusty · 17/04/2012 20:35

Watch out - after 6 months from purchase the situation is different.

For the first 6 months, if you can prove there is something wrong with the car, it's up to the seller to prove that the buyer caused that problem. After 6 months, the buyer would have to prove that the fault was there when purchased. So your dad may want to get his skates on.