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VW Fox - Small claims court - legal advice - dedancey

I've been having issues with my VW fox ever since I bought it from a 2nd hand dealer 6 months ago. I've been backwards and forwards between them and the VW garage trying to get to the bottom of the issue, ending with them trying to blame me because I had a new stereo installed (the issues started before the stereo was installed and I have a report from the installer stating the wiring is fine and it’s all been done to spec). I was informed by said dealer that I had no legal right to a refund, so I want to pursue a claim in the small claims court.

The car went back to the VW garage today to get a report from them that I could file with my claim as proof that the car was faulty, but they have informed me they aren't willing to provide anything. The issue is too complex and they can't speculate for legal reasons. They would need to start stripping the engine and charge by the hour.

I'm pretty sure I need proof for the claim? Is photo/video evidence enough? Any idea what my chances are of getting my money back or what the next steps would be? I feel like I don't stand a chance without something in writing from a garage...

Thanks!

VW Fox - Small claims court - legal advice - RobJP

There are a LOT more details required, before people can even start to guess at the extent of your legal rights.

How old is the car ? What mileage on it when you bought it ? How much did you pay for it ? How much mileage have you done in the 6 months you've owned it ?

Exactly what is the fault with the car ? - all you say is that you have 'issues' with the car.

VW Fox - Small claims court - legal advice - dedancey

Hi Rob,

Thanks for the response.

The car is 4 years old, it had 12k miles on the clock and I've done 2k in the 6 months I owned it. I paid £5k for it.

The ignition switch and starter motor keep blowing, occasionially the hand break light flashes and it emittes a loud beep, occasionially the ABS light flashes (sometimes at the same time as the hand break light for added fun), occasionially the power steering doesn't engage when I start it up and the power steering light flashes, and occasionially the air bag light comes on. As a bonus last night I hit the button to wind down the electric window and it there was a loud beep and the engin cut out! Luckily it was as we were driving through out flat's gates, so no one was behind me. We had to push start it to get it parked up.

When plugged into the diagnostic computer, it shows no faults.

The ignition switch and starter motor have been replaced twice now. It's had a new fly wheel, clutch and gear box. The dealer said they fixed the earth wire that "was damaged during the stereo install" but when I took it back to the guys who did the stereo install, they couldn't see any evidence of that.

At a guess it's some kind of electrical fault, the fault lights happen more when it's damp or been raining so possibly water is getting in somewhere. But it's just all speculation unfortunately.

 

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