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Advice on amount to claim in Small claims court

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  • Advice on amount to claim in Small claims court

    Hello,
    I purchased a car on 6th october 2022 from a dealer. The car was returned to the dealer several times to rectify poor repairs at the time of purchase. the dealer refused to identify subsequent engines noises and refused to put anything in writing. I sent several letter to the dealer asking for details of warrenty. all ignored. the engine failed on 16th december and an independant report confirms the bodged coolant hose fitted prior to buying the car potentially caused the engines failure. no response from dealer.

    So I believe he has breached the 2015 consumer rights act. which states a car should be in sound condition and that the dealer should not withhold or fail disclose details such as warranty details.

    the car was purchased on finance.

    What is reasonable to claim.

    either return the car and claim the 4995. plus interest of finance.(I cant use it at all its dead) but I am still paying for it.

    or for the full repair being a new engine plus fitting and loss of use.

    Or can I leave this to the courts descretion. I have written to the dealer. he thinks im just going to forget it. so I am going to give him two more letters then submit a claim again him. just would like a better idear what would be reasonable to claim

    Thank you
    steveeasy
    Tags: None

  • #2
    Hi Steveeasy
    I am not a mechanic nor a solicitor but I do not think the report that the engine failure was potentially caused by the poor fitting of a coolant hose is sufficient evidence for you to succeed in court. The defence may argue that if the coolant wasn't circulating properly there would have been a warning light on the dashboard or a raised temperature on the gauge. and the driver should have stopped before damage to the engine was caused.

    Running an overheated engine for a short period of time shouldn't cause any engine damage. Running an engine until it gets really hot will cause undue engine noises, loss of power and eventual engine seizure.

    I believe you will need to show that the engine damage existed when you bought the car. The damage could have been caused by the previous owner driving the car with an overheating engine.

    My advice is to write to the dealer setting out the problem with the engine, give him the chance to arrange the repair himself. Also say if he refuses to repair it, or you don't hear back in 7 days, you will arrange repair and inspection of the engine yourself. If the inspection shows that the damage is long term and probably caused before you bought the car you will seek reimbursement of all costs through the county court if necessary.

    In the meantime you could contact a couple of garages, explain what has happened to the engine, and obtain best and worst estimated prices to repair or replace the engine. I doubt whether the garages will want to get involved in a court case so you will probably need an expert to inspect engine parts at the garage, take photos and prepare a report.

    Comment


    • #3
      This case has been dealt with on another thread

      Comment

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