Dodgy brakes on my used MX-5
At the end of August I purchased a 2002 Mazda MX5 (SJ52 MLK) from IS Cars Ltd in Hertfordshire. The car was sold to me in 'Good Condition'. The car came with a three month warranty.
The MOT was due two weeks later and when I collected the car, although passing the MOT my local garage in London (who I know and trust) informed me that the brake calipers at the back were gone and needed replacing. He informed me that it only scraped through the MOT and I should not drive the car until replaced.
We carefully analysed the warranty which I had with me and calipers are listed under 'parts covered'. I then left for a business trip and have just returned, I have not had the work done yet. Upon contacting IS Cars they inform me that they will not cover the repairs (approx £250) as it is not a 'mechanical breakdown' although the part is listed.
I am after some advice as to whether this is indeed the case or whether I have any grounds to take it further with trading standards etc. As the part is listed in the warranty I am at a loss as to how they can refuse to pay for the work or offer to do it themselves?
The MOT was due two weeks later and when I collected the car, although passing the MOT my local garage in London (who I know and trust) informed me that the brake calipers at the back were gone and needed replacing. He informed me that it only scraped through the MOT and I should not drive the car until replaced.
We carefully analysed the warranty which I had with me and calipers are listed under 'parts covered'. I then left for a business trip and have just returned, I have not had the work done yet. Upon contacting IS Cars they inform me that they will not cover the repairs (approx £250) as it is not a 'mechanical breakdown' although the part is listed.
I am after some advice as to whether this is indeed the case or whether I have any grounds to take it further with trading standards etc. As the part is listed in the warranty I am at a loss as to how they can refuse to pay for the work or offer to do it themselves?
Asked on 2 October 2012 by Lou12061985

That is a very mixed message from an MoT tester. I don't see how he could pass the car if he then warned you that it was unsafe to drive. But if the car was sold to you in an unsafe condition your re,edy is the supreme court ruling clegg v olle anderson 2003.
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