Golf war

On 23 October 2009 I purchased a 2002 Golf 130 TDI from an established dealer for £4,500. It had 97,500 miles on the clock, but single owner and FSH, main dealer to 88,000. It came with a warranty from ‘Customer Protect’ for 6 months, allegedly covering all mechanical components against mechanical breakdown. On 06 April a loud rattling noise came from the engine and I took it immediately to an independent VW garage. The diagnosis was damage to the number one cylinder buckets and followers causing damage to the camshaft and cylinder head. Cost to repair is £2,300, as it required a new cylinder head and all the accessories. The warranty company refused to pay out after its independent mechanic declared it ‘fair wear and tear’ as the engine had not suddenly failed. I would dispute this, but when I suggested driving on until there was a sudden and complete failure they said they would not cover this either now the problem had been identified. My attention has since moved to the dealer as I believe, under the Sale of Goods Act, he have to prove the fault was not there when sold if it occurs in the first 6 months of ownership. I asked him to refund or repair the car but received a blunt response via his solicitor stating that as it drove OK up until then it must have been OK when sold. Pursuing the warranty company, I expect, could be fruitless and expensive as it has many exclusions in the agreement. Do I have a realistic and reasonable case against the dealer or am I going to have to take this on the chin?

Asked on 7 August 2010 by JB, Salisbury

Answered by Honest John
In law, if you pay a reasonable amount for a car, the dealer remains responsible for any fault that could have been present on date of sale for 6 months. So if your dispute occurred before then, the law is on your side. If it occurred after, you have to prove that the car was sold with the fault. See: www.honestjohn.co.uk/faq/consumer-rights
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