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Car lasted 10 months: small claims court?

8 replies

ask4anna · 10/07/2023 22:33

We bought a car 10 months ago for £6.5k from a dealer. The car immediately broke down. The dealer gave us a replacement. The turbo on this car immediately went which he claimed to fix.
10 months down the line, one week after we paid £1000 on the MOT, the car has completely broken down. We've been told by Volkswagen that there are £1600 worth of repairs they can see and they need to strip the engine. This will cost £1000 and then the same again to rebuild.
It looks like there is a timing issue and a turbo issue is coming up on the diagnostic.
The dealer is offering us £700 towards the repair but this feels like a drop in the ocean. The car has obviously not lasted "a reasonable length of time" under the Consumer Rights Act. A separate mechanic has told us repair is probably not economical.
Is it worth going to the small claims court? I know we have to prove this is a fault from the beginning but that seems pretty clear to me. The garage does declare some assets I can see on companies house.
Any help much appreciated!

OP posts:
Bromptotoo · 10/07/2023 22:38

You mention VW. What model exactly and what is the capacity and fuel type of the engine?

Bromptotoo · 10/07/2023 22:39

Oh, and what's the year/mileage?

ask4anna · 10/07/2023 22:50

It's a Volkswagen Touran, 1.4 petrol TSI. It'd a 2008 plate and mileage 51 343.
It is an old car we're expecting plenty of wear and tear but I don't expect to have a completely unusable car 10 months on.
There's also the problem that we need to pay the £1000 to have any clarity on the fault.

OP posts:
ask4anna · 10/07/2023 22:51

Thanks for your reply!

OP posts:
prh47bridge · 11/07/2023 00:31

As this was a used car, the Consumer Rights Act requires it to be in a reasonable condition given its age and mileage. It doesn't have to keep going for any particular length of time.

Because you have had the car more than six months, the onus is on you to prove that the car was faulty when you bought it. It may appear obvious to you, but the court will need more than that. To succeed, you will need an engineer's report saying that the car was not in a reasonable condition for its age and mileage.

ask4anna · 11/07/2023 00:35

Yes I suppose I'm banking on the fact that the turbo has come up again when that faulted immediately (I have proof of this).
Have a feeling that even if I won, he would wriggle out of paying though.

OP posts:
kitchenhelprequired · 11/07/2023 02:08

How many previous owners and does the service history match the incredibly low mileage (serviced every year at under 4,000 mile increments)? A car of that age doing so few miles is very much not the norm. I know it happens, my MIL's car will be one of them but that age and mileage needs history examining to ensure it's genuine.

Netaporter · 11/07/2023 04:09

Do distance selling rules apply to your sale? How did you pay for it?

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