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I purchased a 2006 Toyota RAV4 in Jan 2009. The Toyota warranty…

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I purchased a 2006 Toyota...
I purchased a 2006 Toyota RAV4 in Jan 2009. The Toyota warranty expired Aug 2009. A breakdown in May 2010 involving substantial loss of oil has shown it is more than just a seal required. It would appear to relate to crankshaft bearings which for a car of 36000 miles and serviced in accordance with Toyota seems incredible. Toyota will not assist financially because I purchased the car through an independant and it is out of warranty. We need to know the cause as it could be a manufacturing fault making it unfit for pupose. What recourse do I have.
Submitted: 8 years ago.Category: UK Law
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Answered in 2 hours by:
6/24/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
Verified

 

Who did you buy it from?

 

Was it a private seller?

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Customer reply replied 8 years ago
The car was purchased from Hatch Motors of Sway SO41 6BA I have purchased from them before.They supplied a free 12 month warranty to follow when the Toyota one expired. It has a limit of £1000 not enough to cover likely repairs but as the dealer states " Toyota's do not break down which is why people buy them"
Solicitor: Jo C., Barrister replied 8 years ago

Is there any reason why you went to Toyota rather than the dealer that you bought it from?

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Customer reply replied 8 years ago
In my conversation with Toyota customer service one of the reasons for not helping financially was that I had purchased the car from an independent. If the dealer was to carry out any work on the car and found that there was a failure that caused the oil leak and the faulty part was then presented to Toyota they would probably be dismissive of the findings. If a Toyota dealer does the work and finds and presents evidence it might be viewed sympathetically. Ballpark figures for a major repair are £5-6000.
Solicitor: Jo C., Barrister replied 8 years ago

Forget all of that.

 

I need to know why you didn't take it back to the garage you bought it from.

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Customer reply replied 8 years ago
It was after consultation with the dealer that the car has gone to Toyota. What we are trying to establish is the cause of the oil leak. It is the opinion of the dealer principal who is an Auto engineer that the fault is more serious and might be a Toyota manufacturing fault. In which case Toyota might agree to foot the bill for the repair but until the actual cause is established we have no evidence. I could have let the garage repair but my bill for the worst scenario would be approx £5000 less £1000 from the warranty.Not good economics let's see if Toyota will contribute. I have agreed that the Toyota dealer carry out the necessary work to establish the cause. After the results is when any legal arguments might come into play. Are you hinting there is a case against the dealer. What consumer Acts would be relevant.
Solicitor: Jo C., Barrister replied 8 years ago

 

Could you please just try to give me the information that I ask for? We'll get to the bottom of whether there's a claim and against who much faster if you do that.

 

Two questions

 

1 Have you taken this back to the garage from which you bought it?

 

2 If not, why not?

 

They should involve no more than one sentence responses each.

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Customer reply replied 8 years ago

 

Yes I have

Solicitor: Jo C., Barrister replied 8 years ago

OK.

 

And they referred you to Toyota?

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Customer reply replied 8 years ago
Yes
Solicitor: Jo C., Barrister replied 8 years ago

 

OK. Was this fault only apparent in May 2010 or was there any sign before that?

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Customer reply replied 8 years ago
Only apparent in May 2010 no indication before
Solicitor: Jo C., Barrister replied 8 years ago

You may have a claim against them under the sale of goods act. Unfortunately you did have the car for over a year which will reduce the merits of your claim. Even with a second hand car though there is a requirement that it be reasonably durable and it might be that trading standards would think this is not. Its a much easier claim to bring than against the manufacturers.

 

If that fails, you will have to bring the much harder claim against the manufacturer. You will then need to find expert evidence to prove that this fault is one that the manufacturers caused. Thats very hard to do with a car of this age and quite expensive. Its sounds as though you are some of the way there and it does no harm to negotiate with Toyota.

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