Is the dealer liable for not doing the recall on my Volvo V50?

Recently, I had an issue with my Volvo V50's fuse box/electrics smouldering causing smoke to enter the cab and the fire brigade being called. The car is now a write off and the insurance company will not pay out as it's classed as an electrical fault. I have since discovered that Volvo issued a recall (Recall No: R39247) which was made two months before I purchased the car. The dealership I brought the car from did not do the recall. There is a chance that the fault is directly linked to the recent issue with the fuse box/wiring. The dealership I purchased the car from have offered to have a look at the car but if the issue is not as a result of the recall fault I would have to pay a hefty bill for their investigation work. Also if I do go down the route of having the investigation work done how would I know if their results are true as I have been told that to prove what caused the wiring/fuse box to melt would be extremely difficult. Could they refuse liability because I did not get the vehicle serviced with a Volvo dealer? What would you recommend, should I limit my losses and walk away or continue with the claim against Volvo? I purchased the car in 2012 and although not worth much it is still frustrating to lose an important asset.

Asked on 11 July 2017 by Rosina Coe

Answered by Honest John
If you took this to Small Claims against the supplying dealer simply on the basis that it had failed to carry out vehicle safety recall work on a car it then sold to you in a known, unsafe condition, I think there's a chance you would win on that basis alone. Not guaranteed, but a chance. The dealer knowingly sold you a car in an unsafe condition contrary to the Consumer Protection from Unfair Trading Regulations 2008. Small Claims here: www.gov.uk/make-court-claim-for-money/overview/
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