Should I take my car dealer to court over an incorrect swirl flap repair on my Vauxhall?
I bought a car in June 2010, found a problem with the inlet swirl flaps, took it back to garage and they apparently repaired it over the course of a month. I got it back in August 2010 and in December 2010 it went wrong again. I took it to a Vauxhall dealer and they advised that the old swirl flaps had been re-attached and the repair had not been completed correctly, and therefore I am left with a £700 bill to pay. Would I win if I went through the small claims court?
Asked on 5 March 2011 by CH, via email
Answered by
Honest John
I referred this to our legal advisor, Lucy Bonham Carter, who replied:
“If the original dealer supplied a vehicle, then undertook a repair which was not properly completed you have to take it back to them to rectify to be certain of winning. You cannot just take it somewhere else. However they have to fix the vehicle to an acceptable standard and a replacement vehicle should be supplied while yours is off the road. If you have already had the vehicle fixed and incurred a £700 cost for rectification then the case is more complicated. The court will make an assessment of the case on its merits and may find only partially for the claim. These cases are almost always better resolved by negotiation.”
“If the original dealer supplied a vehicle, then undertook a repair which was not properly completed you have to take it back to them to rectify to be certain of winning. You cannot just take it somewhere else. However they have to fix the vehicle to an acceptable standard and a replacement vehicle should be supplied while yours is off the road. If you have already had the vehicle fixed and incurred a £700 cost for rectification then the case is more complicated. The court will make an assessment of the case on its merits and may find only partially for the claim. These cases are almost always better resolved by negotiation.”
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