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Last May I mailed to ask your advice concerning a car and warranty purchased from Carshop Northampton and the subsequent misery experienced by my husband and myself when we came to claim under the warranty for the cost of replacing the gearbox after failure. You advised we take Carshop to court. After pursuing every other avenue I could think of, and managing only to achieve the offer of £299 refund for the cost of the warranty from Carshop, though being frankly terrified at the prospect I did take them to court. The case was heard yesterday and we were successful - £1,926 (the full cost of the car repair) plus interest, plus costs was awarded to us. Carshop was judged to have been fraudulent in their selling of the warranty. We were advised by the court to report Carshop to Trading Standards, which we feel disposed to do. We have nothing to gain from it ourselves, but might prevent others from finding themselves in the position we suffered. THANKYOU for encouraging us to take this course of action - it was scary but worth it!

Asked on 20 March 2010 by J.C., via e-mail

Answered by Honest John
That's excellent news and encouragement to other readers to use the Small Claims Court when dealers blatantly ignore their rights. But there is another side to this. Quite a few less scrupulous car buyers have been using consumer law to rip off small dealers by running cars for 3 months or so, then rejecting them for a full cash refund due to some minor fault which they refuse to allow the dealer to fix. All too often dealers counsel advice them it will be cheaper to throw in the towel. Dealers need to fight this by escalating these cases to the full county court and getting some binding judgements in their favour.
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