Ask a Law Question, Get an Answer ASAP!
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
When did you buy the van?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. The dealer is not obliged to assist with the manufacturer’s queries so you cannot force them to do that. In terms of fraud, this is likely going to be taking it too far so it is an unrealistic allegation. However, if it can be shown that they did not follow the correct servicing requirements, that could amount to a type of negligence and potentially allow you to pursue them for any consequential damage caused by it. However, you need to show that their failure to used the correct quantity is what caused the issues and that it was directly linked to the issues you are experiencing with the van. You will unlikely be able to hold them liable for the manufacturer refusing to honour the warranty and fix a completely unrelated issue as that would be considered too remote from their initial negligent actions.
Does this answer your query?
Yes that is correct, if their failure to undertake the service as required was responsible for the failure, then that is a direct link which can allow you to consider a negligence claim against them. Similarly, with the failure to actually put any oil in but claiming they did – maybe, just maybe it may be seen as a fraud but I doubt the police would get involved so you would likely have to pursue it as a breach of contract against them in the civil courts. Does this clarify things a bit more for you?
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
Hi, unfortunately we cannot write letters on your behalf – for that you need to engage a lawyer formally to represent you, which we cannot do as we are just an online chat service. But to be honest you do not need a lawyer for an of this – it is extra costs which you will not recover from the other side. Does this clarify things a bit more for you?
All the best