Small Claims Court

Mitchy43

I purchased a used car (2006 56 plate) done 70,000 miles. After 5 months the turbo went (75,000 miles). The car had a warranty that has covered some of the repair. However under the SOGA would i have a strong case against the dealer for the rest of the repair & also any other consequential losses we faced?
The SOGA states the vehicle has to be fit for purpose , when the turbo failed obviously the vehicle was not. Has anyone else had similar & been to court and won?

forgotmyname

Did you take it back to the seller? When you say failed what happened?

If its something with variable vanes then they can soot up and get sticky. Throwing a fault code. A lot of garages will want to sell you a new one when all it needs is cleaning.
Then sort out why its sticking. Lots of short journeys? Overfuelling?

AdrianC

An 8yo car with 70-75k on it? Prime turbo failure time. There's no way that you could prove that was a pre-existing fault and not normal wear-and-tear.

Mitchy43

The turbo needed replacing & was replaced. The incident happened last year while on holiday. The advice i'm after if anyone has had a similar case & taken a dealer to small claims & won. I have read various things on the internet with cars older than mine with higher mileage that have stated they have gone to court & won.

iolanthe07

Well, you could try. But turbo failure on a high mileage 8 year old car is not unusual. Luckily you had a warranty that covered some of the repair.

arcon5

If they've fitted a new turbo they'd potentially have a case to only make a pro- rata contribution

forgotmyname

You can take them to court. Their defence. You didnt bring it back to them so couldnt offer to repair the item. They have no evidence that the item did need changing. They win.

What failed on the old turbo?