who to sue?

cmsrocon

Hi,

I'm used to small claims court processes but just want to check my understanding on who exactly I need to name as the defendant in this case.

- Car purchased new from dealer A
- Used Finance company suggested by manufacturer
- Faulty after 9 months, took to dealer B for repair
- Dealer B was refused cover under the warranty from manufacturer, eventually they paid 50%

I wish to sue for the remaining 50% under sales of goods act, not of satisfactory quality. I presume I sue the finance company as they are who I contracted with?

Cheers,
Rob

ILW

You purchased from dealer A so your contract is with them with a secondary fall back of S75 with the finance company. How did dealer B get involved.

Was this warranty and why was repair refused?

cmsrocon

Thanks ILW. Originally the manufacturer told dealer B that the work was covered under warranty but the part wasn't available. Dealer B told me to take the car back until the part was available as it was ok to drive. On bringing the car back in once the part was available they found two more faulty parts and refused warranty cover on those plus the original part due to "driver characteristics".

I bought from Dealer A as I got the best deal from them - via the internet but they are based in Wales and I live in Hampshire so took the car to dealer B who are at the end of my road. Both are approved dealers under the manufacturer's scheme.

Just wondering how this might play out as Dealer A havent had chance to remedy the situation at all (they are not even aware of the problem). Going for the finance company seemed to be the easier but I'm keen to ensure I go after the right entity.

ILW

You need to contact the original dealer and take it from there. Just trying to sue the finance company at this stage will just be a waste of money. You may have already blown it by going to a different dealer without authorisation from the one that sold you the car.

What is the problem?

Also if it was a personal loan, the finance company will probably have no liability.

cmsrocon

Hi ILW,

"You may have already blown it by going to a different dealer without authorisation from the one that sold you the car."

I'm pretty sure thats incorrect, its a manufacturer's warranty that is valid across Europe at any approved dealer.

The finance company is a subsidiary of the manufacturer - I need to check the agreement to see if its hire purchase or what and if thats covered under s75 (presumably consumer credit act?).

thanks,
Rob

ILW

cmsrocon wrote: »

Hi ILW,

"You may have already blown it by going to a different dealer without authorisation from the one that sold you the car."

I'm pretty sure thats incorrect, its a manufacturer's warranty that is valid across Europe at any approved dealer.

The finance company is a subsidiary of the manufacturer - I need to check the agreement to see if its hire purchase or what and if thats covered under s75 (presumably consumer credit act?).

thanks,
Rob

Sale of goods act refers to a contract between buyer and seller. (Dealer A).
If you wish to sue regarding the manufactureres warranty you will need to take on the manufacturer.

Dealer A may possibly say you got repairs done with no authorisation from themselves and wash their hands of the problem.

I would definately speak to your dealer though and see what they suggest before jumping to law.

arcon5

Okay, before you jump the gun getting the court involved, some key issues:

- SoGA requires YOU to prove the fault is inherent. What proof do you have?

- What are the faults and the cause? I'm getting at, can they be put down to mis-use or wear and tear?

- Sueing the finance company without at least trying to resolve it with them will most likely see a judge refuse to award court costs to you.
-- And if pursuing the finance company, there are other channels outside of the county court system ie the Financial Ombudsmen.

- Very importantly::: You need to understand the warranty and any claim using the Sales of Goods Act are not one and the same! The warranty is likely with the manufacturer whilst statutory rights with the dealer who sold you the car (and S75 of the CCA making finance company equally liable). In which case how have you attempted to resolve this with the dealer? The manufacturers only responsibility to you is based on the terms of the warranty, you have NO FURTHER RIGHTS WHATSOEVER with them. Any rights under SoGA lye with the dealer and a judge would look to see if you acted reasonably outside of court ie that you at least gave them the opportunity to remedy it.

- What is the age & mileage now?

This is one of those situations where making small claims court too easy is not a good thing.

bris

You have also have blown it by agreeing to pay 50% in the first place, unless you paid it marked "under protest". By paying the 50% you accepted the position.

vaio

The difficulty you will have is that the manufacturer refused warranty cover because of the way you have driven it which, I suspect, will make a SoG claim pretty much bound to fail.

Not informing the seller of the problem and taking it elsewhere to be fixed is pretty much guaranteed to be fatal to a SoG claim too

mattyprice4004

Pretty much a guide on how not to exercise your SOGA rights. You needed to give A a chance to fix the issue.

ValHaller

vaio wrote: »

The difficulty you will have is that the manufacturer refused warranty cover because of the way you have driven it which, I suspect, will make a SoG claim pretty much bound to fail.

Not informing the seller of the problem and taking it elsewhere to be fixed is pretty much guaranteed to be fatal to a SoG claim too

No, this is far from a show stopper. It is something which may need to be argued in court if necessary. On the whole, I think that a claim of 'because of the way you have driven it' will require some argument from the manufacturer because the presumption will be that it should withstand the use it is put to by a normal person.