Small claims court - car issue

dr78

Hi do I have any grounds to take a car Garage to court over a repair bill. I bought a car mid February and the Aircon didn’t work on it. I assumed that it just needed a regas when I’ve done the re-gas it lasted the day.  so I knew then that there was obviously a leak so I took it to get checked and it’s the condenser. The price to get it repaired is £430. I’m not sure whether I’ve got any grounds to make the Garage pay for this can anyone advise? As I thought the car should be fully working and things like air con too? I’m probably just wishing but it just feels so unfair paying £6000 for a 2015 sportage and have to spend so much money so quickly on repairs. I tried the warranty company but they said it clearly must of been broken when I bought the car so it’s classed as a pre existing fault so they won’t cover it. I offered garage to go halves with me but they offered £100 to it but only if I provide them invoices of work I have had done to the car so far for them to keep. No idea why they would want to keep them, assume to claim money back that I paid maybe for themselves ? Car I have to admit feel should not of passed mot as two tyres are on legal limit wear indicator and brakes was also very low so had to get brakes sorted and I need to buy tyres asap too. I have tried to contact the garage but now they refuse contact with me say they only want contact via their email address or their solicitor but refuse to give me either of these details. I don’t know what to do. Can anyone help me please 

DullGreyGuy

dr78 said:

Hi do I have any grounds to take a car Garage to court over a repair bill. I bought a car mid February and the Aircon didn’t work on it. 

So you bought it knowing the AC didnt work?

dr78

No I didn’t know i only found out after car was delivered when went to use it. I just thought it maybe just needed a re gas which I didn’t mind paying for that but I did this and it wasn’t a re gas it’s a leak x

DullGreyGuy

So when did you first tell them?
Has the cause of the leak from the condenser been identified? Is it stone damage? Rusted through?

As a dealer they are required to describe the vehicle accurately and it should highlight known problems. "Known problems" will be take in the context of them being professional in the motor trade and not Joe Public. This is however partially balanced by the fact you arent buying a nearly new car but one thats 10 years old so terms like "good condition" has to factor age in.

If you go to court, and you dont get to specify if its small track or fast track, a judge decides that, then it will ultimately come down to if the judge believes it was broken when you bought it or it broke afterwards. Clearly the sooner you told them the better the chances and if its corrosion and not impact damage then probably better too. 

What we dont know is what records they have. They may show it came in not working, they regassed it, checked it the next day and it was still working and no one who took it for a test drive since complained. I've no idea if that would be considered a reasonable test or if they should as professionals checked again at a later date in case it was a slow leak. 

dr78

DullGreyGuy said:

So when did you first tell them?
Has the cause of the leak from the condenser been identified? Is it stone damage? Rusted through?

As a dealer they are required to describe the vehicle accurately and it should highlight known problems. "Known problems" will be take in the context of them being professional in the motor trade and not Joe Public. This is however partially balanced by the fact you arent buying a nearly new car but one thats 10 years old so terms like "good condition" has to factor age in.

If you go to court, and you dont get to specify if its small track or fast track, a judge decides that, then it will ultimately come down to if the judge believes it was broken when you bought it or it broke afterwards. Clearly the sooner you told them the better the chances and if its corrosion and not impact damage then probably better too. 

What we dont know is what records they have. They may show it came in not working, they regassed it, checked it the next day and it was still working and no one who took it for a test drive since complained. I've no idea if that would be considered a reasonable test or if they should as professionals checked again at a later date in case it was a slow leak. 

I told them a couple of weeks ago as been arguing with them since to try and get some help to the bill. The garage didn’t say what’s caused it just that the condenser is leaking . 

I do take on board it’s ten years old that is why I haven’t moaned about the suspension issue it has (creeks over speed bumps) two tyres are on the wear indicator and brakes was too low. It also has some other noises and issues going on but I feel I will have to deal with that as it’s wear and tear. I do question the mot though as don’t understand how two tyres that are on the wear indicator didn’t even warrant an advisory. Yet last year it had two tyres (same sides as I am finding are low) but this year mot was a clean sheet. 

Believe the garage buys in from
auctions and the car only arrived in two days prior to me having it and they motd it and it passed and I had it delivered the next day. Was disappointed as when I viewed car I could see no scratches yet when delivered it was keyed front to back but again that’s my tough luck and nothing I can do about it 

TheSpectator

No test drive, really?

dr78

TheSpectator said:

No test drive, really? 

It was test drove yes they didn’t let me drive it far though just round the block 

dr78

TheSpectator said:

No test drive, really?

Any advice on the legal Standing of the ac issue please ?

TELLIT01

As soon as you realised the aircon wasn't working you should have contacted the garage you purchased it from, not made assumptions about the problem and immediately taken it elsewhere and given them instruction.  The original garage can claim that the other place damaged something when working on it. 

I know it's easy to be wise after the event but I think you will have a problem getting anywhere with a claim.

dr78

TELLIT01 said:

As soon as you realised the aircon wasn't working you should have contacted the garage you purchased it from, not made assumptions about the problem and immediately taken it elsewhere and given them instruction.  The original garage can claim that the other place damaged something when working on it. 

I know it's easy to be wise after the event but I think you will have a problem getting anywhere with a claim.

I did contact garage and said I will get regassed as they aren’t offering any help with repairs or issues already have . I said it is it’s prob that but then told them it isn’t that as it leaked they offered £100 to repair then changed mind when I refused to let them have my invoices of work I have had done on the car as they wanted to keep them to claim tax or something back yet didn’t pay for repairs so I said no 

ThumbRemote

Legally you're entitled to it fixed. 

Realistically it sounds like you've bought from a dodgy dealer who almost certainly knew about the issues before they sold the car, and has no intention of resolving them. Who knows what other issues the car has that haven't come to light yet.