VW Golf GTI - What are my chances in the small claims court?

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Thu 25 Feb 2021 19:40
VW Golf GTI - What are my chances in the small claims court? - Honest Jo

Hi all.

I bought a very nice 2008 Golf GTI online and picked it up 15/02/21. On my way home I noticed the temperature gauge wasn't getting up to 90 and was moving a lot. Research at home revealed it was likely a failed thermostat and a chat with two local VW specialist garages confirmed my fears.

The car had been serviced prior to sale and I was assured by the dealer I would have no immediate costs to pay out on the car. There was no warranty but he assured me I had my consumer rights.

I contacted the dealer regarding the fault. I explained I had two quotes, £205 and £200 + VAT, and asked him to pay for me to have it repaired locally. The dealer stated two things. Firstly that this repair would only cost £100 and I was being quoted too high. Secondly that his garage said there was nothing wrong with the car and it's just how older cars behave. However he would pay £100 as a goodwill gesture. He also told me that the car I part ex'ed had corrosion underneath that would cost £400 to rectify and who did I think should pay that bill. I replied that it wouldn't be me as I'd had no idea and no advisories on the MOT 11 months before.

I agreed to the £100 because I did not want to drive back - 80 miles - to him just because his mechanic had quoted him £100. He has paid £100 into my account.

I had the car repaired today. His garage were wrong because it was a faulty Thermostat but also a faulty temperature gauge, so it has cost me £300 and I am therefore £200 out of pocket.

I am inclined to ask him for the additional £200, but I anticipate he will refuse. In which case, have I any hope in the small claims court? Thanks all.

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Thu 25 Feb 2021 23:10
VW Golf GTI - What are my chances in the small claims court? - ExA35Owner

Your consumer rights start when you take the car back to the dealer and ask him to fix it: that is the first move. You have contrived to lose your rights because you didn't give him a chance to fix it. Getting it fixed by a separate garage was a mistake. The £100 is therefore goodwill.

This is the problem with buying from a dealer far from your home. If it had needed recovery to the dealer, that would have been at your expense.

As to the valuation of the trade-in, that's different because he's a trader and is expected to value cars he buys in correctly. There's no come-back on you for that, but he's possibly burned his fingers and won't be too happy.

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Fri 26 Feb 2021 08:44
VW Golf GTI - What are my chances in the small claims court? - 72 dudes

You've been a bit unlucky, but I'm sorry..... you've bought a 12 year old car and they do go wrong sometimes. A service hasn't got anything to do with the thermostat or temperature gauge. The service was probably an oil and filter change at best.

You've got away lightly with being £200 out of pocket. Expect to pay that on a regular basis as more age related items wear out or fail due to previous neglect or thrashing.

As above, you forfeited your consumer rights by not getting the supplying dealer to fix it. In any case, I'm not sure just how far your consumer rights would have extended on a car of this age in any legal claim. The question of what is 'reasonable' comes into the equation, and we're talking about a 12/13 year old Golf GTi.

Time to move on.

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Fri 26 Feb 2021 16:24
VW Golf GTI - What are my chances in the small claims court? - concrete

Unfortunately you went off piste. There is a well tried procedure and you deviated from it and therefore your rights are now limited. A couple of lessons for you here. Firstly try to buy locally unless very confident in the dealer and the vehicle. Secondly follow consumer rights legislation to the letter to ensure any satisfactory outcome.

It seems to me the dealer has been pretty fair with you. If he was unscrupulous he would have tried to fob you off, but he paid what he considered a fair price for the repair. He could well have fixed it himself for that amount. Also to expect an 8 year old car to fault free is unrealistic, even after a service. I look after my vehicles and can assure you that faults develop in any case. Also of course having fitted a new thermostat and gauge you now have the benefit of betterment because your car is improved. Hope the car goes well for you and you enjoy it, but as far as legal recourse goes I think you have little or no chance with a claim.

Cheers Concrete

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Fri 26 Feb 2021 17:06
VW Golf GTI - What are my chances in the small claims court? - Honest Jo

Yes you're probably all correct. It doesn't help that the dealer assured me the car is fault free at time of sale. It's even written on the invoice.

It's a uniquely quality car for its age and only 43k miles on the clock, and very clean inside and out, so I'm mostly delighted, and that's why I bought from a dealer a few counties away. Thanks.

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Fri 26 Feb 2021 17:17
VW Golf GTI - What are my chances in the small claims court? - skidpan

Yes you're probably all correct. It doesn't help that the dealer assured me the car is fault free at time of sale. It's even written on the invoice.

Remember the first 3 rules of car buying next time:

Rule 1 All salesmen are liars

Rule 2 All salesmen are liars

Rule 3 refer to rules 1 & 2

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Fri 26 Feb 2021 18:11
VW Golf GTI - What are my chances in the small claims court? - Avant

Although the above was no doubt written tongue in cheek, let me assure everyone that it's the view of one individual and not of people on the forum as a whole. Personally I'd say (as would consumer law) that the dealer has dealt reasonably with the OP given that the car is 12 years old.

I could also say, tongue in cheek, that 'you can always tell a Yorkshireman, but you can't tell him owt'. But that's not the general view of the forum either....I think.

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Fri 26 Feb 2021 18:14
VW Golf GTI - What are my chances in the small claims court? - Bromptonaut

I could also say, tongue in cheek, that 'you can always tell a Yorkshireman, but you can't tell him owt'. But that's not the general view of the forum either....I think.

Oy!!!

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Sat 27 Feb 2021 15:54
VW Golf GTI - What are my chances in the small claims court? - concrete

I could also say, tongue in cheek, that 'you can always tell a Yorkshireman, but you can't tell him owt'. But that's not the general view of the forum either....I think.

Oy!!!

Well Avant, you have put the cat among the pigeons in Yorkshire!!! When I were a lad, in Yorkshire, the saying ended with 'you can't tell him much' but lets not quibble.

You could add the Yorkshire motto:

'Hear all, see all, say nowt' - 'Eat all, sup all, pay nowt' Of course the rumours of legendary Yorkshire parsimony are vastly exaggerated. The open handed largess with which visitors are treated is more the case!!!

Cheers Concrete

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