Is the dealer liable for not doing the recall on my Volvo V50?
Recently, I had an issue with my Volvo V50's fuse box/electrics smouldering causing smoke to enter the cab and the fire brigade being called. The car is now a write off and the insurance company will not pay out as it's classed as an electrical fault. I have since discovered that Volvo issued a recall (Recall No: R39247) which was made two months before I purchased the car. The dealership I brought the car from did not do the recall. There is a chance that the fault is directly linked to the recent issue with the fuse box/wiring. The dealership I purchased the car from have offered to have a look at the car but if the issue is not as a result of the recall fault I would have to pay a hefty bill for their investigation work. Also if I do go down the route of having the investigation work done how would I know if their results are true as I have been told that to prove what caused the wiring/fuse box to melt would be extremely difficult. Could they refuse liability because I did not get the vehicle serviced with a Volvo dealer? What would you recommend, should I limit my losses and walk away or continue with the claim against Volvo? I purchased the car in 2012 and although not worth much it is still frustrating to lose an important asset.
Asked on 11 July 2017 by Rosina Coe
![](http://images.honestjohn.co.uk/imagecache/file/pad/120x120/media/16477727/537450_458533677529584_1473549666_n.jpg)
If you took this to Small Claims against the supplying dealer simply on the basis that it had failed to carry out vehicle safety recall work on a car it then sold to you in a known, unsafe condition, I think there's a chance you would win on that basis alone. Not guaranteed, but a chance. The dealer knowingly sold you a car in an unsafe condition contrary to the Consumer Protection from Unfair Trading Regulations 2008. Small Claims here: www.gov.uk/make-court-claim-for-money/overview/
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