Hi

I bought a send hand Toyota Previa GLS VVTI petrol automatic 2.4cc W reg from year 2000 for £3125 on 30th June 2012. Mileage was 130,585. The car broke down with gear box problems when we were on holiday in france on 26th August 2012. Luckily I had breakdown cover and the insurance company paid nearly £1000 to repatriate it and drop it at our local garage. It was sold with a 3 month warranty so I called them (max pay out £500). They got the garage to take out the gear box and strip it and then reported that it was not covered as it was wear & tear. Garage then advised me that our best options were to 1) Pay £1100 to recondition gear box & £350 labour to replace it plus VAT OR 2) cut our losses and sell it without a gear box for £1000 - 1500 if we could find a buyer.

As the car was not fit for purpose and broke down within 2 months I believe that I should have some recourse with the garage who sold it to us who are claiming to be 2nd hand MPV specialists in Birmingham. I have called them to see what they suggest but the owner said I would have to take them to small claims court as the car was 12 years old and what did I expect!

My question is - at the price I paid for this model, age & mileage could I reasonably expect to be successful through the small claims court or is the dealer right that a 12 year old car costing £3000 should not be expected to last more than 2months!

Many thanks