Suing a manufacturers specialist garage for a approved used
Discussion
Hope you are all well.
We bought a SUV as manufacturers Approved Used from a renowned garage.
Over 2 years later and after around three months of insurance investigation, a technician from another but same brand garage and an independent reviewer from our Insurer agreed and informed us that there was a water leakage in the car which destroyed the electrics, and this was in fact due to a prior bad body repair job on the car, just a bolt left loose which caused slow flooding. The insurance claim was rejected.
We then contacted the selling garage to assist us and they flatly refused to help and instead told us that there is no way to prove that it was repaired before it was sold to us.
We spent around £5000 and monthly finance payments during the investigation, and other monies to get buy including another second hand car etc.
I then filed a small claim against the garage for around with added monies for all the stress and inconvenience
The garage has engaged solicitors to deal with this claim. Do you guys think that I have a chance or shall I quit and accept the outcome and potentially some costs of their lawyers.
We bought a SUV as manufacturers Approved Used from a renowned garage.
Over 2 years later and after around three months of insurance investigation, a technician from another but same brand garage and an independent reviewer from our Insurer agreed and informed us that there was a water leakage in the car which destroyed the electrics, and this was in fact due to a prior bad body repair job on the car, just a bolt left loose which caused slow flooding. The insurance claim was rejected.
We then contacted the selling garage to assist us and they flatly refused to help and instead told us that there is no way to prove that it was repaired before it was sold to us.
We spent around £5000 and monthly finance payments during the investigation, and other monies to get buy including another second hand car etc.
I then filed a small claim against the garage for around with added monies for all the stress and inconvenience
The garage has engaged solicitors to deal with this claim. Do you guys think that I have a chance or shall I quit and accept the outcome and potentially some costs of their lawyers.
akilliesheal said:
Just a bolt left loose which caused slow flooding.
No way to prove it hasn't just come loose in the two years of your ownership.Only way you'd stand a chance, in my opinion, is that if you'd informed the garage of a related fault (to this leak) within 6 months of buying the car.
Did you have any other electrical related faults repaired in the first six months of your ownership? That could maybe prove you've had this water leak all along?
Approved Used is just a 140(ish) point check by a mechanic.
None of which involve checking every nut and bolt for tightness. If the tick sheet is ticked as "pass" then your case falls over immediately.
Did you ask if it was damaged/repaired before buying? Can you prove it? If you ask, and the garage know it has, then they have to disclose it. If you don't ask, then they don't. And there is a very good chance that they wouldn't be aware anyway.
None of which involve checking every nut and bolt for tightness. If the tick sheet is ticked as "pass" then your case falls over immediately.
Did you ask if it was damaged/repaired before buying? Can you prove it? If you ask, and the garage know it has, then they have to disclose it. If you don't ask, then they don't. And there is a very good chance that they wouldn't be aware anyway.
Not that I know anything about the legal knowledge of previous responses, but you're basically asking for legal guidance from a forum full of motoring enthusiasts.
You might just strike lucky, since people can be both, but since you have (a) already invested a fair sum of money to get to this stage and (b) already commenced with legal action against the seller, then my best advice would be to get good LEGAL advice asap.
You can do this in a few ways.
Some solicitors offer a free short consultation - they'll give a quick assessment of the case, advise if they could help, and give an outline of costs if they do.
You could talk to the team at Which? Legal Services for a chat before signing up to their helpline service, which can be as little £99/yr - and you'll get unlimited phone support plus access to their experienced legal team.
You might even have legal expenses insurance on your Home Insurance policy - worth checking what is covered as that might be an option.
Above all else - go and seek professional advice asap so that you can either mitigate current liability, or indeed raise a good case to proceed.
You might just strike lucky, since people can be both, but since you have (a) already invested a fair sum of money to get to this stage and (b) already commenced with legal action against the seller, then my best advice would be to get good LEGAL advice asap.
You can do this in a few ways.
Some solicitors offer a free short consultation - they'll give a quick assessment of the case, advise if they could help, and give an outline of costs if they do.
You could talk to the team at Which? Legal Services for a chat before signing up to their helpline service, which can be as little £99/yr - and you'll get unlimited phone support plus access to their experienced legal team.
You might even have legal expenses insurance on your Home Insurance policy - worth checking what is covered as that might be an option.
Above all else - go and seek professional advice asap so that you can either mitigate current liability, or indeed raise a good case to proceed.
Legal forum here Speed, Plod & the Law
You could try and see if any of the mechanics who have looked at the car have an opinion on how long ago the body repair was done.
Civil claims like this are on a 'balance of probability' basis, so in theory you only need to prove that it's 'more likely than not' that the defect was present at the point of sale.
But yeah, it sounds like you're at the point of needing some qualified advice.
akilliesheal said:
Hope you are all well.
We bought a SUV as manufacturers Approved Used from a renowned garage.
Over 2 years later and after around three months of insurance investigation, a technician from another but same brand garage and an independent reviewer from our Insurer agreed and informed us that there was a water leakage in the car which destroyed the electrics, and this was in fact due to a prior bad body repair job on the car, just a bolt left loose which caused slow flooding. The insurance claim was rejected.
We then contacted the selling garage to assist us and they flatly refused to help and instead told us that there is no way to prove that it was repaired before it was sold to us.
We spent around £5000 and monthly finance payments during the investigation, and other monies to get buy including another second hand car etc.
I then filed a small claim against the garage for around with added monies for all the stress and inconvenience
The garage has engaged solicitors to deal with this claim. Do you guys think that I have a chance or shall I quit and accept the outcome and potentially some costs of their lawyers.
Unlikely imo.We bought a SUV as manufacturers Approved Used from a renowned garage.
Over 2 years later and after around three months of insurance investigation, a technician from another but same brand garage and an independent reviewer from our Insurer agreed and informed us that there was a water leakage in the car which destroyed the electrics, and this was in fact due to a prior bad body repair job on the car, just a bolt left loose which caused slow flooding. The insurance claim was rejected.
We then contacted the selling garage to assist us and they flatly refused to help and instead told us that there is no way to prove that it was repaired before it was sold to us.
We spent around £5000 and monthly finance payments during the investigation, and other monies to get buy including another second hand car etc.
I then filed a small claim against the garage for around with added monies for all the stress and inconvenience
The garage has engaged solicitors to deal with this claim. Do you guys think that I have a chance or shall I quit and accept the outcome and potentially some costs of their lawyers.
akilliesheal said:
Hope you are all well.
We bought a SUV as manufacturers Approved Used from a renowned garage.
Over 2 years later and after around three months of insurance investigation, a technician from another but same brand garage and an independent reviewer from our Insurer agreed and informed us that there was a water leakage in the car which destroyed the electrics, and this was in fact due to a prior bad body repair job on the car, just a bolt left loose which caused slow flooding. The insurance claim was rejected.
We then contacted the selling garage to assist us and they flatly refused to help and instead told us that there is no way to prove that it was repaired before it was sold to us.
We spent around £5000 and monthly finance payments during the investigation, and other monies to get buy including another second hand car etc.
I then filed a small claim against the garage for around with added monies for all the stress and inconvenience
The garage has engaged solicitors to deal with this claim. Do you guys think that I have a chance or shall I quit and accept the outcome and potentially some costs of their lawyers.
Shirly you will get paid out either way. If the court agrees you get paid from supplying dealer if court disagrees then the insurance has to pay out as the law has said they are talking rubbish? We bought a SUV as manufacturers Approved Used from a renowned garage.
Over 2 years later and after around three months of insurance investigation, a technician from another but same brand garage and an independent reviewer from our Insurer agreed and informed us that there was a water leakage in the car which destroyed the electrics, and this was in fact due to a prior bad body repair job on the car, just a bolt left loose which caused slow flooding. The insurance claim was rejected.
We then contacted the selling garage to assist us and they flatly refused to help and instead told us that there is no way to prove that it was repaired before it was sold to us.
We spent around £5000 and monthly finance payments during the investigation, and other monies to get buy including another second hand car etc.
I then filed a small claim against the garage for around with added monies for all the stress and inconvenience
The garage has engaged solicitors to deal with this claim. Do you guys think that I have a chance or shall I quit and accept the outcome and potentially some costs of their lawyers.
I honestly think that’s ridiculous from an insurance company perspective. There’s no way to prove it didn’t loosen itself so really should be paid out. Unless their evidence is utterly concrete bulletproof I suspect this will be a quick win for the garage.
I would advise you to get some help with dealing with the insurance company as you’ve done your dirty of care in buying and looking after the car, it’s not your issue what bolts are on or off.
I would advise you to get some help with dealing with the insurance company as you’ve done your dirty of care in buying and looking after the car, it’s not your issue what bolts are on or off.
Appreciate all your responses. I also think its a tough one and tbh as bad the money part is, I am gutted to have lost so much money, I am actually angry at the system.
We a hard working nomal British family bought a car as Audi Approved through a prominent garage and paid through our nose , close to £400 /month plus the deposit thinking that our car will not have any prior faults, and ended up paying a lot of money over the course of just two years. I am wondering how many others have been through similar situation and have paid a hefty price of not being able to afford another car or a set back for a couple of years. We clearly need more consumer protection. I have similar opinion about dentist tbh.
I will take my chance and spend a couple of 1000s to see where it lands me. Clearly someone screwed up somewhere.
We a hard working nomal British family bought a car as Audi Approved through a prominent garage and paid through our nose , close to £400 /month plus the deposit thinking that our car will not have any prior faults, and ended up paying a lot of money over the course of just two years. I am wondering how many others have been through similar situation and have paid a hefty price of not being able to afford another car or a set back for a couple of years. We clearly need more consumer protection. I have similar opinion about dentist tbh.
I will take my chance and spend a couple of 1000s to see where it lands me. Clearly someone screwed up somewhere.
akilliesheal said:
Appreciate all your responses. I also think its a tough one and tbh as bad the money part is, I am gutted to have lost so much money, I am actually angry at the system.
We a hard working nomal British family bought a car as Audi Approved through a prominent garage and paid through our nose , close to £400 /month plus the deposit thinking that our car will not have any prior faults, and ended up paying a lot of money over the course of just two years. I am wondering how many others have been through similar situation and have paid a hefty price of not being able to afford another car or a set back for a couple of years. We clearly need more consumer protection. I have similar opinion about dentist tbh.
I will take my chance and spend a couple of 1000s to see where it lands me. Clearly someone screwed up somewhere.
However 'British' or 'hardworking' you are does not limit your exposure to risk that you've bought a lemon. You are also of the opinion that spending a 'decent' amount for money at a dealership means you will have a good level of assurance and protection, sadly it does not!We a hard working nomal British family bought a car as Audi Approved through a prominent garage and paid through our nose , close to £400 /month plus the deposit thinking that our car will not have any prior faults, and ended up paying a lot of money over the course of just two years. I am wondering how many others have been through similar situation and have paid a hefty price of not being able to afford another car or a set back for a couple of years. We clearly need more consumer protection. I have similar opinion about dentist tbh.
I will take my chance and spend a couple of 1000s to see where it lands me. Clearly someone screwed up somewhere.
Cars can be expensive, complicated and unreliable things. The common tried and tested approach when you own a lemon is to trade it in and try again. You seem to have doubled down and down and down....
Commiserations and good luck!
akilliesheal said:
I will take my chance and spend a couple of 1000s to see where it lands me. Clearly someone screwed up somewhere.
I'd get rid and put that 2k towards your next car.Are you still paying your finance?
If so do a quality complaint to the finance company explaining the car's had a poor accident repair prior to your purchase, that's directly led to a major electrical failure that you wouldn't expect from vehicle age ## and mileage ##,###
They'll want to see your report outlining that.
When they come back to you with the negative response, pass the case to the ombudsman.
That'll all take months though.
So best to get rid, and buy your next car.
Presume from lack of response from post 2, you've had no associated faults with the car for two years??? This will be the dealers defence.
Edited by Trevor555 on Tuesday 23 April 12:47
Edited by Trevor555 on Tuesday 23 April 12:48
Edited by Trevor555 on Tuesday 23 April 12:59
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