"He has told me I have to write to him formally otherwise he cant respond."

Don't see a problem with that. You will want to cover yourself in every way (in case it all gets legal) and keeping a record of correspondence is a good idea.

Just decide which route you're going down.

You're not really at the rejection stage yet on a car of this value IMO - the dealer is entitled to have a go at repairing it. Only if they don't, or fail to do so, are you entitled to a refund.

To be honest, the dealer doens't sound too promising on the helpful front.

It could be something minor wrong with the car in which case you're probably best just biting the bullet and fixing it but it could well be the headgasket in which case it is a different ball game - I'm afraid to say that head gasket failure on this engine is quite common and on a Verso the engine has to come out to repair it so is no small job.

Be aware that if the dealer does nothing then you could be looking at 6-8 months, considerable time and considerable up-front costs to take it to court.

Edited by pd on 07/08/2015 at 11:48

In theory, yes. Car was faulty at time of sale and was not of satisfactory quality given its age, mileage and the price paid. Sale of Goods Act.

Getting the garage to agree this will be much tougher. You might have to settle for them carrying out a repair (at their expense).

Discount given is irrelevant as that was the agreed price before anyone knew there was a fault.

How are your negotiating skills?

Edited by 72 dudes on 08/08/2015 at 12:26

I have a feeling they want us to have the head gasket changed at a garage of their approval but of course the head may be damaged too!!

If the head is taken off for a new gasket, it will most likely be skimmed at a local engineering specialist. Not an expensive job (£50-ish). No idea whether a Toyota dealership will inflate the cost compared with an indy, for example.

I had a HG replaced with skimming a year or two ago for £500-600, admittedly on a much simpler car. Getting the engine out will add a lot, but that much?

Edited by Andrew-T on 08/08/2015 at 18:04

This is all a learning curve for me. We have been driving Toyota ( petrol) for the last 11 years with not a hint of problems.

This is a reason why you should always way up pros and cons of buying a car from a long way away. An expesniev lesson though!

I think you need to send them a recorded delivery letter, detailing your experiences and the complaint from start to finish.

In it, you should summarise by saying you expect the repair to have been completed to your satisfaction by (insert a date, probably Friday 28th August) or you will be forced to begin proceedings which will culminate in you claiming a refund in full.

Then go down the Small Claims Court route.

Another dealer who is as close as dammit to a crook.

Glad you stood your ground. The warranty is indeed a red herring, and nothing to do with whether a document had been stamped. The phone call to the solicitor probably never actually took place, but was a face-saving exercise.

I hope the repairs hold up for you - best of luck!

There are many on this forum who have a good knowledge of how the small claims track works. I have used it twice,I am no expert, but here goes. The issuing of a summons is the easy part, you fill out the forms, provide the level of detail they request and pay a fee up front. This fee is refunded from the plaintiff if you win as are all the attendant court costs. The court will inform you of hearing dates etc.

Firstly the opposition will try to get the case heard in their local court. Do not have any of this. Stand your ground, make them travel to you, it makes the process less appealing to them. Second is the hard part. FULL details of the whole sorry saga. But use bullet points to illustrate your points, do not write an essay. Good, clear, incisive points and as much paperwork as you have, all in chronlogical order on numbered sheets and keep a reference master sheet to list roughly what information is which sheet, a full copy for the judge and the opposition too, this will really endear you to the judge. Do not cloud the issue with emotion, be as dispassionate as possible. Sometimes the summons scares the opposition into paying up, sometimes they play brinkmanship and throw in the towel on the day of the hearing. If they do they give in or don't turn up, they lose. If they turn up and the case is heard, then questions will be asked by the judge. Be clear and polite and fairly brief, sometimes the opposition get rattled and the judge has to remind them of their place. This scores points for you. Call everyone sir or Mr, the judge will tell you how to address him. Don't get involved in a slanging match. Speak when you are spoken to and never interupt. From what I have read you have a decent case, but do your research. Remember, the judge will keep things fair. It is quite an informal hearing, without all the legal jargon. Don't be Perry Mason, if in doubt, politely ask for clarification. With a good case, good manners and dressed smartly you should be able to win this one. Best of luck and keep us informed.

Cheers Concrete