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I bought a car with a faulty battery - is the dealer liable?

I purchased my used 2009 Volkswagen Beetle Cabriolet five months ago. After returning from a two-week holiday the battery was dead. The RAC told me there is a fault with the battery and it was not taking charge. I contacted the Volkswagen dealer who tells me it is not covered under my extended warranty and, at their extensive four-point check, it had no issues.

I recall at the time of test driving that the salesman was unable to show me how to close the roof as he had apparently left the window down, running down the battery. I queried this at the time and he told me that they would check the battery and replace it, if necessary, before I collected.

The VW dealer promised a callback from the brand manager, but I haven't had the call. Where do I stand on this in view of the short time I have had the car and, in hindsight, the apparently coincidental issue at the time of the test drive?

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Under the Supreme Court ruling in Clegg v Olle Anderson (trading as Nordic Marine) 2003, the selling dealer is liable to replace the battery because it was "not of satisfactory quality" on the date of sale by being incapable of holding a full charge of 13.5 volts. The irrefutable proof of this is that the battery was too run down to power the roof on the day of your test drive.
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