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Used and abused

I bought a 2003 Renault Laguna 2.2DCI Estate from a non-franchised local car centre last June. It had a new MOT but the advisory note said it had corroded brake discs (front and rear), an oil leak in the engine and cut and nail in the tyres. After driving it for one week (covering 127 miles) I had it in for a service as I was going to use it to tow my caravan to Cornwall. (The car centre fitted a tow-bar FOC.) The servicing garage said they wouldn't touch it as it had too many faults: major oil leak from engine spraying over underside of car, noisy 3rd and 4th gears requiring a re-con gearbox, corroded brake discs all round, no air-con, broken rear wiper motor, steering wheel not centred and play in nearside steering rack. I tried to get my money refunded by the dealer under the Sale of Goods Act as the car was not fit for towing a caravan, nor for driving generally in that condition. Before purchase the dealer uprated my 3* AA 12 month Warranty to a 5* 12 month Warranty but when this arrived (a fortnight after the sale) it said it only covered complete mechanical breakdown of components - not those about to fail. So when the car centre offered to repair it under the warranty, I was not prepared to accept, fearing I would have to pay out even more money, should faults arise in the future. The dealer refused to refund the cost of the vehicle, so I went to Shropshire Trading Standards and they too have failed to get them to pay up after five months of trying. The car has remained in my garage all this time and I had to buy a cheap estate to tow my van. I have had the car independently assessed by someone from CVI Independent Assessors, who found the major faults plus a few more but said not to drive the car as it could set on fire because of all the oil on the exhaust. This report went to the car centre which has now offered half the purchase price now and the other half when it is re-sold. He will only give it a new MOT - no mention of fixing the oil leak and gearbox, so I doubt whether it will sell. He ignored my request that the second half be paid within three months whether the car is sold or not. I am thinking of going to Shrewsbury County Court to get my total refund, but have been told by Trading Standards and the dealer that this is risky and expensive. Please, can you help me?

Asked on 14 March 2009 by

Answered by Honest John
You have a reasonable case to pursue the dealer using the small claims track at the county court (£7k max). See the FAQ at www.honestjohn.co.uk that tells you your rights and the various statutes and case law that applies. It's crucial that the dealer sold you a warranty. That prevents it having been a 'trade sale'. And an insured warranty cannot cover pre-existent faults, as that is fraud. But you cannot sue for any of the faults you were made aware of prior to the sale.
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