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Polos apart

My wife and I bought a three-year old Polo TDi from a VW dealer in Nottinghamshire, as an approved used car. After only six weeks of owning it, it needed new rear brake discs and pads due to excessive corrosion. It also needed a major service. Neither the dealer nor VW UK wanted to know, VW UK saying that it was the retailer’s responsibility and nothing to do with them, and the dealer refusing to do anything, telling me that I would have to sue him for the money. VW UK has offered to pay half of the cost of the brake parts. Should I accept or sue the dealer in the Small Claims Court?

Asked on 3 October 2009 by

Answered by Honest John
VW is correct. Sue the dealer. The law is on your side. The car was clearly sold to you in "unsatisfactory condition", so use the Small Claims Track of the County Court, starting with www.moneyclaim.gov.uk . First give the dealer an opportunity (in writing) to repair the car within 14 days, stating that if he fails to do so or do not respond you will have the work done at another VW franchise and will sue them for the full cost, plus the reasonable cost of your inconvenience. You will find the law in the FAQ answer 'Consumer Rights: How to Reject a Duff Car' at www.honestjohn.co.uk Please let me know the outcome because if you win your case I want to give the dealer all the publicity he deserve.

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