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Legal Action against Car Dealership -Guidance anyone?

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  • Legal Action against Car Dealership -Guidance anyone?

    Hi all,
    I bought a 2017 Volkswagen Kombi, that has had constant problems with the EGR valves since its purchase. Long story short the dash lights come on, VW recovery comes out, tells me I cannot drive it, its sent back to the dealer, they do a "flush" and give it back to me. Several months later, it happens again. I am missing work and stressed out of my head.
    Car dealer says VW protocol insists they flush it at least 4 times before VW will authorise the replacement of the actual valve, I have informed them the van is not fit for purpose and would like a replacement. They will "sell" me another, but it will cost me even more, not a replacement. Fixing this 2017 van (its pretty new!) this much has killed our confidence in the vehicle and we want our money back.

    I am heading to the town hall to file in small claims court.. Can anyone give me guidance? BTW i bought the van for my ltd company as a work car.. so missing work and client meetings..

    Ultimate resolution: My money back -all of it, plus missed work + legal fees if any or a new replacement that has been tested prior to sell. ** Car dealership admitted to not testing the vehicle prior to sale- verbally..
    Tags: None

  • #2
    Originally posted by jamison View Post
    Hi all,
    I bought a 2017 Volkswagen Kombi, that has had constant problems with the EGR valves since its purchase. Long story short the dash lights come on, VW recovery comes out, tells me I cannot drive it, its sent back to the dealer, they do a "flush" and give it back to me. Several months later, it happens again. I am missing work and stressed out of my head.
    Car dealer says VW protocol insists they flush it at least 4 times before VW will authorise the replacement of the actual valve, I have informed them the van is not fit for purpose and would like a replacement. They will "sell" me another, but it will cost me even more, not a replacement. Fixing this 2017 van (its pretty new!) this much has killed our confidence in the vehicle and we want our money back.

    I am heading to the town hall to file in small claims court.. Can anyone give me guidance? BTW i bought the van for my ltd company as a work car.. so missing work and client meetings..

    Ultimate resolution: My money back -all of it, plus missed work + legal fees if any or a new replacement that has been tested prior to sell. ** Car dealership admitted to not testing the vehicle prior to sale- verbally..
    Ok if this purchase was for your business, then it is not covered by the Consumer Rights Act 2015, in stead it falls under the Sale of Goods Act 1979. make sure you get the right claimant otherwise the defendant will be able to apply to strike out the claim on a technicality

    Thats my first thoughts at least
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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