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I am researching the best course of action for my problem with a car dealer. We are out of pocket in the amount of £2,090. I have reported to Consumer Affairs the OFT but I think that there is no recourse for resolution. If I bring dealer to small claims court and I lose I will be liable for dealers costs that could be more than the car is worth. If I win I will then have to pursue the dealer for the cash and it isn’t a court matter after the case has been resolved. So what is the point of organisations and courts when the consumer will ultimately lose out anyway? I cannot afford to lose any more money and don’t know where to turn. The car is still in the garage and is worthless. Now we are left with the bill of removing it from the garage. We had to pay garage costs of an extra £200 for labour to find out the engine was a complete write off after it died on the road. The dealer said on day of purchase that the car is a good runner and a good choice for a first car. Unfortunately, no check was made on the car before purchase, massive mistake. The warranty was useless as he did not submit it to the warranty company. Although he said he would sort that out for us it is only in the amount of £500, which will not even cover the now Written Off car.

Asked on 1 August 2009 by

Answered by Honest John
My general advice is contained in the Consumer Rights FAQ at www.honestjohn.co.uk The SMMT is trying to stop this sort of thing happening altogether by getting everyone in the motor trade to subscribe to a code of practice with a conciliation and arbitration system (www.motorcodes.co.uk). If it doesn't succeed, then the OFT will step in with draconian new powers that will take a sledgehammer to crack a nut and will make motoring more expensive for everyone. Meanwhile, my recommendation is not to buy any car nor have any work on a car done by anyone who is not a subscriber to www.motorcodes.co.uk In your situation you may not have any choice other than to go to the small claims track of the county court.
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