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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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I recently took my van to Renault as it was making a strange

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I recently took my van to Renault as it was making a strange noise, they confirmed it would be covered under warranty if I could demonstrate correct servicing. The first 3 services were Renault but the 4th was a predelivery service by an independent dealer when I bought the van 7 months ago. When the independent dealer was asked to show they serviced the vehicle they sent a document stating the had and had used 6 ltrs of oil. Renault informed me that the correct fill was 7.4 ltrs and so warranty was invalid. The independent dealer then changed their documents and resubmitted it but Renault have unsurprisingly been wary. They have asked for the independent dealer to provide copies of the invoices from their suppliers to demonstrate that they did actually buy an appropriate oil filter and used the correct oil. The independent dealer is stalling saying that they might help as a goodwill jesture but its not their problem so stop hassling them. They will do it, if the want, when they have the time. All this time I am left without transport or having to authorise £2500 repair. Surely the independent dealer is either obliged to assist or is liable for negligence or fraud for either stating they carried out a service or carrying it out incorrectly correctly.
Assistant: Where are you? It matters because laws vary by location.
Customer: Southampton UK
Assistant: What steps have you taken so far?
Customer: Asked the independent dealer to provide the proof requested by Renault to show the carried out the service correctly.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is enough to go on with.

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.

Customer: replied 13 days ago.
OK, I await your response.

When did you buy the van?

Customer: replied 13 days ago.
A few weeks ago from the seller who bought it from the dealer in march this year.

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?

Customer: replied 13 days ago.
So if I have a stamp in the service book, and an internal invoice from their workshop to the sales team stating that they used 6 ltrs of oil in the service instead of the 7.4 ltrs required and Renault state that the failure (less than 3000 miles later) is due to incorrect oil filing procedure at the time of the service then I potentially have a case for negligence?
Customer: replied 13 days ago.
Alternatively Renault have said they can send a sample of oil in the vehicle to be tested and that they will be able to determine the type of oil and age of the oil (apparently by carbon deposits) and if it is shown that either the wrong oil is in the vehicle, or that the oil is older than 6 months old then in the first case that would assist the claim for negligence and in the later as fraud for claiming a service was carried out when it wasn't?

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

Customer: replied 11 days ago.
I has, I am awaiting a response from the independent dealer and from Renault. If required are you able to write a letter to the independent dealer starting the process of claiming negligence. Renault as putting in writing the reason for refusing the warranty, that the documentation, provided by the independent dealer dealer that serviced the vehicle show an incorrect ct oil fill, and they are also sending a small sample of oil away to confirm that the core t oil has been used. They also say it will be possible to confirm from the lab tests if the oil is new or old and therefore if the service was actually carried out.

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?

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 11 days ago.
OK thank you fro your help

All the best