Next steps to consider : ( perhaps tone down a bit) . Again AI
1. Draft a "Letter Before Action" to the Dealership
You must target the dealer principal (manager) of the specific showroom where you bought the van. Send this by Royal Mail Signed For delivery to create a paper trail.
Your letter should state exactly what you require to resolve the issue:
- The Demand: Demand that the dealership replaces the hydraulic pump at zero cost to you.
- The Deadline: Give them exactly 14 calendar days to agree in writing, or you will escalate the claim to the County Court (Small Claims).
- The Legal Grounds:
- Breach of Contract / Consumer Rights Act 2015: You reported the dropping roof fault in May 2023, April 2024, and May 2025. All three attempts occurred during the original 3-year factory warranty. The dealer failed to repair the vehicle with "reasonable care and skill," leaving a known inherent defect unresolved.
- Misrepresentation Act 1967: The salesperson led you to believe the £890 policy was an equivalent extension of the full VW warranty. They failed to disclose that it was a restrictive base-vehicle policy, denying you the chance to buy the genuine, cheaper 90-day VW factory extension.
2. Issue a Formal Subject Access Request (SAR)
In tandem with your letter, email the dealership’s Data Protection Officer or Service Manager with the heading "Formal Subject Access Request (SAR) - [Your Vehicle Registration]".
- What to request: Demand all internal workshop job cards, technician diagnostic notes, master log entries, and communication records regarding your vehicle for the dates in May 2023, April 2024, May 2025, and May 2026.
- Why this matters: Under UK GDPR, they must provide this data within 30 days for free. This paperwork provides undeniable legal proof that the hydraulic roof issue is an ongoing, unresolved factory-era fault.
3. Escalate to the Finance Provider (If Applicable)
If you paid for the van—or even just the £890 warranty deposit—using a credit card or a dealership finance agreement (HP/PCP):
- Contact the finance company or card issuer immediately.
- Open a breach of contract and misrepresentation claim under Section 75 of the Consumer Credit Act 1974.
- The finance provider is jointly liable with the dealer and can often force the dealership to pay for the repair to protect their asset.
4. Lodge a Dispute with The Motor Ombudsman
If the dealership rejects your Letter Before Action or the 14-day deadline passes without a satisfactory response:
- Visit themotorombudsman.org and start a free dispute case.
- Most UK Volkswagen main dealers are accredited by The Motor Ombudsman and are legally bound by their rulings.
- Upload your repair dates, the SAR notes (if received), and proof of the 90-day warranty mis-selling.
5. Final Resort: Small Claims Court
If the Ombudsman route is too slow or the dealer refuses to cooperate, file a claim online via the Money Claim Online (MCOL) government portal. You will claim the estimated cost of the hydraulic pump replacement plus court fees, using your logged 2023–2025 repair visits as your primary evidence.
To help draft the exact wording for your Letter Before Action, could you tell me:
- Did you pay for any part of the vehicle or warranty using a credit card or finance?
- What is the exact name of the dealership group (e.g., Lookers, Inchcape, Breeze)?