Should I sue my local dealer over a flat battery?

I bought a new Ford S Max six months ago and the car has suffered a flat battery on 10 occasions. As a result, it has been in the dealership for repairs on seven occasions, with a total of 80 days off the road. However, the dealer claims that "no fault presents itself" and will only replace the car with new if I pay £7700.

I am proposing to take the dealership to court under The Sale of Goods Act (1976). The dealer says that it would not benefit me financially because even if I won because I would have to pay VAT both on the original car and on the new one. Is the dealership right?

Asked on 12 March 2014 by rockcrazy

Answered by Honest John

You can't use the small claims track of the county court to sue for more than £10,000. This case would have to go to the full county court and could cost you £10,000 - £15,000 in legal and court fees and costs if you lost. Better to pay to have the battery replaced by another Ford dealer and if that solves the problem sue the supplying dealer for the full cost of the replacement battery using the minimum cost www.moneyclaim.gov.uk service. More: www.honestjohn.co.uk/faq/consumer-rights/

Tags: legal and consumer advice batteries

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