Small fault, possibly large bill, who should pay?

My Toyota 2008 25000miles bought from independent dealer 1st Sept 2011

We had a problem with our 2008 Yaris 1.3 SR within the 1st week of ownership and under 30 miles covered. The engine malfunction lamp comes on and throttle goes totally unresponsive.

Restarting the car cures the throttle response problem, so an annoying little fault rather than a major breakdown. This has happened 3 times over the last 2 months.

The dealer, although initially reluctant, eventually agreed to let Toyota investigate.

They said fault code P0121(which is what the 3 failures were and which we already knew anyway) indicated throttle position sensor problem and recommended throttle body change and change of associated wiring loom at a cost of £1700 (Talk about using a sledge hammer to crack a nut!)

Car came with a 30 day warranty from the dealer, however it states on his bill of sale wiring not included. He is now going to let an auto elctrician look at the car to see if he can fix it.

Could you advise who is responsible for any cost of repairs as I'm sure the fault must have been on the car when we bought it?

The dealer seems quite reasonable but not sure he wants to pay repair costs, and he certainly doesn't want to pay £1700 to Toyota.

Also would I have any claim off Toyota as I would have expected the wiring loom and throttle body to have lasted the life of the car.

From terms of 30 day warranty:

Electrical: Alternator, battery, starter motor failure are covered
Excludes: All other electrical components, accessories, wiring and/or betterments

Asked on 13 November 2011 by bargepole

Answered by Honest John
The dealer who sold you the car is legally responsible for all faults for 6 months from date of sale. He can either repair the car properly or give you your money back. More at:

www.honestjohn.co.uk/faq/consumer-rights/
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