Small claims court - car issue

dr78

Aylesbury_Duck said:

dr78 said:

Aylesbury_Duck said:

Air conditioning should be used all year round.  One of the reasons gas leaks is that if not used, the system's seals dry out.  Run it all year round.  In the winter it dehumidifies the cabin.

It defo hasn’t been run in ages as the garage said the seals have had it and need replacing 😭

Is this the same garage that claimed your brakes needed replacing?  They're doing quite well out of this...

No different garage. The garage who done brakes didn’t deal in air con x the garage doing air con issue showed a video of the condenser bubbling to show leak. Warranty asked for a video of issue so he did video and then they said no we want photos of condenser front and back so I have to pay again for that. Annoying when they said video originally

dr78

born_again said:

dr78 said:

400ixl said:

Why do you care what they can claim back if they are going to be paying you money?

Because why should they claim back money for work I have paid for? They would have made enough profit out of the car I won’t let them have my invoices for work they haven’t paid for . Also I am not agreeing to give my invoices for a poor £100 towards a £430 bill I asked for half 

Look at it from their side.
No invoice means to them that you could be a chancer hoping to get some money back on the purchase.
You will be surprised how little these dealers make.
RSEV did a video on this. 

But your comment makes no sense how would I be a chancer on brake repair when they didn’t pay for the repair nor did a claim for it??

TheSpectator

How did you pay for the car, might give you some options if you paid a deposit on credit card or took finance?

dr78

TheSpectator said:

How did you pay for the car, might give you some options if you paid a deposit on credit card or took finance?

I paid bank transfer sadly and borrowed the money off my dad as the finance interest is crazy but now wish I paid some other way 

dr78

Spoke to my garage they said sounds like clutch judder will probably be master cylinder but warranty said they would cover that if it’s that, but so many clutch parts aren’t covered as classed as wear and tear, . Believe it when see it. But I suspect it will be a non covered issue so I’m gonna be stuck paying out alot of money. I feel so upset as I know I’ve bought a bad car and it’s horrible when know paid so much . I even stretched my budget on car as thought it would be decent and sold my bmw which I made sure I sold it roadworthy and a good car. Think they saw me coming I worrying now how long car is going to last as I need to get kids to school too: dawn

photome

DullGreyGuy said:

dr78 said:

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'm confused on the timeline.... you bought the car a mid Feb but you only found out the AC didnt work a couple of weeks ago? I know it's not been the weather to need the AC on all the time but it's something people would normally check when they get their secondhand car.

Ultimately it's your choice what you do, there are a lot of gaps in the story as it stands right now which may result in the judge determining that the problem occurred after you bought it. 

I use AC all year round. Best way to keep it in a good working condition 

photome

I would let them have the brake work invoice ( maybe a copy) if it meant they would communicate

dr78

photome said:

I would let them have the brake work invoice ( maybe a copy) if it meant they would communicate

They said want original copy and to be able to keep it and no I won’t give them invoices of work they haven’t paid for . Especially when they only offered a small portion of the repair bill. As it’s £430 to repair yet I paid £65 already for an air con regas and have to pay £430 on top for repair. 100 is not a good offer for such a bill. I’d sooner try in court and see if I can get half 

photome

Looks like they where a hand car wash business until last year , directors name is on companies house

dr78

photome said:

Looks like they where a hand car wash business until last year , directors name is on companies house

That’s correct and they still do the car washing too. So frustrating, they either covered the scratches well or bad luck it got keyed from when I viewed it to two days later being delivered as when I viewed it I saw no scratched and when it was delivered it was keyed front to back 😭😭 valet company I know said it probably was hidden temporarily as they can use silicone and wd40 to hide scratches 😭 I’m having no luck with this car lol