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Anyone been successful in the small claims court? - JBrown

I am in the process of taking a small independent dealer to small claims. I bought a 12 year old mpv that had done 130,000 miles for £3125. Researching the price I paid now I think I overpaid but the dealer stressed that it was a very reliable make - Toyota Previa. We specifically bought it for an imminent family trip to south of france & made this clear to the dealer. He said this was the car to get us there and back! At the time of sale he kept telling me not to use the overdrive button (automatic tranmission) as it would damage the gearbox but having since spoken to Toyota they have said this is rubbish & the only reason they can think anyone would say this is if he knew the transmission was not in a good state. Anyway 2 months later the car broke down with broken transmission whilst in france. We had done 2500 miles. I got in touch with the dealer a number of times when the car was repatriated to UK but they absolutely refused to have any more involvement - I was told if I drove it home then they had no responsibility for repair. (needs reconditioning of gear box c£2000) I am just about to fill out forms for small claims court but am unsure what I can present as evidence that would help my claim. The dealer is going to claim that 2500 miles was "satisfactory quality" for a car that age - even though we paid over £3k for it. Has anyone successfully got a refund from a dealer in a similar situation for a car this old?

Anyone been successful in the small claims court? - Armitage Shanks {p}

How long ago did you buy it? In the event of a fault, within 6 months, the onus is on the dealer to prove that a fault was NOT present at the time of sale.

At the time of sale he kept telling me not to use the overdrive button (automatic tranmission) as it would damage the gearbox but having since spoken to Toyota they have said this is rubbish & the only reason they can think anyone would say this is if he knew the transmission was not in a good state

This is 100% proof that he had knowledge of such a fault or suspicions, at the very least

Anyone been successful in the small claims court? - JBrown

I bought it on 30th June 2012 and it broke down on 26th August 2012. I first spoke to the dealer about it on 4th Oct after thge gearbox had been stripped and it has been going on since then with no answer from him!

Thanks for any advice

Anyone been successful in the small claims court? - thunderbird

The fact that you did not give the seller the chance to repair it after it was recovered to this country will not be in your favour.

Anyone been successful in the small claims court? - galileo

A 12 year old automatic Previa with 127,00 miles is on Autotrader for £1695. As the OP paid £3125 for a similar vehicle the trader must have made enough profit to cover the repairs, as it seems he should.

Anyone been successful in the small claims court? - 72 dudes

The fact that you did not give the seller the chance to repair it after it was recovered to this country will not be in your favour.

The dealer refused, see the original post.

This will go in your favour at court.

Sad to say you were very naive but hopefully you will have some legal comeback against this unscrupulous and greedy dealer.