Renault Megane - window problems - Going through Small claims court

[heliosuk]

I believe there is specific legislation that relates to road vehicles and failure of parts. The motor manufacturer can be held liable for the failure of parts, that should have lasted for a relevant amount of time, some for the lifetime of the vehicle. There was a recent mandatory recall for one vehicle make for a steering column problem going back to 2002.

Anyway, in this case, I believe the OP is correct that their court claim is with Renault.

 

As Sam points out, strictly speaking the OP's claim is technically I would say with the supplying dealer however the dealer is an agent of the manufacturer as well. As is Uncle also right in that the manufacturer is also responsible. Conversely Renault UK who has been sued is not a manufacturer but an agent of Renault France. So you can see straight away that the issue of who to pursuit is clouded and also give grounds to Renault UK to challenge.

 

Whilst specific legislation does exist as to the manufacturers liability, the example given by Uncle does not mean that in this case it applies. Mandatory re-calls are instigated where there is a safety related issue and they generally have no time limit, only that they can only be closed off after at least 70% of the vehicles affected in the affected market have been fixed.

 

In this instance, Renault have a service campaign. It is not a re-call and is limited to fix where there is a complaint with a 76% contribution from the manufacturer i.e. Renault France, administered through Renault GB .

 

Whenever a claim for assistance comes in over and above what is already on offer, which is pretty generous by the way, the next step will be to look at the service history and the loyalty shown to the brand in terms of servicing. The OP admits it's not a full Renault history so whilst they are offering over and above what they have to, to get a 100% contribution you would have to prove some sort of loyalty which cannot be provided.

 

Seem clear cut to me. Not a claim I'd like to pursuit as seems high risk to me which most probably will be challenged and can easily back fire. I hope it won't but there is an unhealthy habit on this site of encouraging legal action and when it all goes wrong the post is removed.

[kudos1uk]

Well in my view a success.

 

Today I got a letter from Renault UK's solicitors, not admitting any liability but paying the full amount and claiming if they requested a set aside it would not be cost effective.

 

I know what I think but we will see as it's booked in for a further three so a new claim for three times the amount in a few weeks..... GULP

 

For anyone interested here is the letter:

 

scan0004 by kudos1uk, on Flickr

 

 

 

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Edited June 21, 2013 by kudos1uk