My son's Volkswagen Bora blew up - can we get a refund from the dealer?

With my financial assistance my grandson bought a 2003 Vauxhall Bora, 1.9 TDI, 113,00 miles, with warranty from a local dealer. It cost slightly under £3000 on 10 June 2013. My grandson is 18 and has been driving his mother's car for a year without any incidents.

Within a week the Bora had a major engine disaster. I do not know about engines, but understand it was a broken piston that went through the engine, doing lots of damage including to turbo, fuel pump etc., etc. This happened when he was pulling from traffic lights on outskirts of Norwich in traffic. The dealer immediately sent out a breakdown truck to collect the car and took it to a small garage he uses regularly. Since then my grandson has been told they have sourced a replacement engine from a Polo with less mileage and the car will be "ready tomorrow". This has been going on for five weeks.

I have now become involved and told the dealer we would like our money back and are willing to contact Trading Standards. The dealer is refusing to refund us. He has now told me that the warranty insurer has refused to pay any costs because its inspector has said the damage was caused by driver error, specifically because this damage has never been known on this particular engine, and the driver must have gone from "high revs in fifth gear down to first". The dealer says he is having to meet the substantial costs of repairs, etc. out of his own pocket and thus he cannot refund the cost of the car to us. I have totally lost confidence in this car and the dealer. Please what are our rights and is it worth fighting?

Asked on 28 September 2013 by JP, Blofield

Answered by Honest John
Okay, simply tell the dealer to keep the car and refund your money and if he does not do so you will take the matter to the small claims track of the county court via www.moneyclaim.gov.uk The car is a Volkswagen Bora, not a Vauxhall Bora, and the 1.9TDI is generally robust, but what happened can happen. I don’t believer “driver error” to lead to this problem. Virtually impossible to change from 5th to 1st. And the engine anyway has a governor. Law here: www.honestjohn.co.uk/faq/consumer-rights/ I would say you have a 90 per cent chance of winning your case.
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