Can I sue my local Volvo dealer after my engine blew?

Some time ago an oil warning light showed intermittently on the dash of my Volvo. I took it immediately to my local Volvo dealer (where my car has been serviced since new). I was charged £60 for investigation and assured that no fault was found, but advised to come again at some point to have a sensor changed. I did take my car there again soon after to have the sensor changed, for which I was charged again. Needless to say it had not resolved the issue. I had taken the car there for my usual service and told them again that the light was still showing. Again I was told that they could not find anything. At no point was I told that driving the car can cause an issue, nor was I offered a courtesy car so they could investigate it properly. I was simply given a shrug of shoulders treatment.

Some time later, the engine blew up. I was told there were metal particles / fragments in the engine and it would need to be replaced. I am convinced that the cause was oil starvation. The car is five years old and has done 78,000 miles. It is a diesel engine that should go for many more miles and it should not have such a catastrophic fault developing without a reason. I have been the only owner and it has been always serviced at the same Volvo dealer. I have been presented with £6600 bill. I have argued my case with Volvo, which agreed to contribute 30 per cent of the parts cost and the dealer was going to lower its labour costs only a fraction (£40 or £50), but I still don't think this is good enough. Why should I be faced with this huge cost for something I don't consider my fault?

Asked on 10 August 2013 by AT, via email

Answered by Honest John
I think you might successfully sue the Volvo dealer for the full amount this has cost you. An oil light on signifies lack of oil pressure and the usual reason for this is a failing oil pump. The oil pressure should have been separately tested by the dealer. The fact that he did not do this on two occasions signifies either incompetence or stupidity. The fact that you paid for both of these jobs means there was a contract between you and the dealer and you can expect competence in fulfilling it. To not even remind you what the oil light was for was gross negligence. The small claims limit has now been raised to £10,000. Start your action here: www.moneyclaim.gov.uk and tell the Volvo dealer this is what you propose to do, in case he capitulates. Law here: honestjohn.co.uk/faq/consumer-rights/
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