Caught the dealership admitting they covered up the reoccurring fault. Both rear calipers admitted as being faulty. Do I have to incur the costs first by getting the calipers replaced and then issue a claim, or can I apply to court for those costs in advance of instructing the third party garage to carry out the repair?

Well that was handy, the auto link to the small claims thread has answered that question!

It's an i30, new in Sept 2014. The symptoms being reported by the customer have remained the same throughout. The warranty work and subsequent troubleshooting by the dealership until last month has not eased those symptoms. So if the independent garage investigates those same symptoms, but arrives at a different conclusion and proposes how to resolve the issue, I would contend that would be close enough to diagnosing the original issue 4 years ago. Do you agree? Or should I consider a different approach? Where would be a good place to read up about the small claims court process and how to present documents, burden of proof for evidence, etc.? I'm looking at past cases on here which are helpful.

The Hyundai dealership has been trying to fix it since 2017, they continued to work on the vehicle after the 5 year period ended, at no cost to the customer. Which suggests they accept the original warranty claim is still ongoing. I am taking the vehicle to a different independent garage for an examination and they are prepared to provide a report for a fixed fee that may be relied upon in court. This is a well-regarded and long-established local business. I have the utmost faith in whatever they conclude. At this stage the dealership is being very quiet, since I asked them to provide me with their discussions with Hyundai's technical department, to understand how they tried to resolve this. During the warranty period, they became fixated on a single component of the braking system and did not seem to see the bigger picture. Hyundai UK initially claimed the warranty had expired and helpfully pointed out the expiry date of the 5-year warranty, but when I pointed out the claim was still ongoing and the dealership had continued to work on the vehicle until as recently as last month, they then directed me to contact the dealership, which is giving me silent treatment.

Warranty was issued by Hyundai UK, the PDF is attached. Excerpt: https://www.hyundai.co.uk/owning/5_year_warranty warranty_terms_and_conditions.pdf

The info below should cover all but the make and model. - Bought at 10 months old with 8000 miles in July 2015 - £9900 paid - Brakes are binding causing increase fuel consumption and excessive wear to brake pads and discs. - Warranty expired in Oct 2019 but the problem has been under investigation by the dealership since 2017, the dealership continued to attempt to fix this free of charge as recently as last month. They have been going in circles looking at the same components instead of considering the bigger picture as the independent garage has done. - The original seller was a franchised dealer and they were bought by a larger dealer group with the franchise continued

Thank you. To clarify, the fault has not yet been resolved. Should I instruct the independent garage to proceed with the work before issuing court proceedings? The independent garage has warned they aren't 100% sure that the work quoted will resolve the issue and a further component may need replacement if symptoms persist. I also see from the purchase documents that a credit card was used so S75 may apply and might be preferable to court. However, I see no information on whether a claim can be issued by executors, seems there is a strict debtor-creditor-supplier link needed.

Thank you. The warranty terms (from the vehicle manufacturer) say it is transferable to a new owner.

Hoping someone can help... court action need to be started against a garage because they have failed to resolve a problem under warranty. An independent garage has verified the fault still exists despite the original garage claiming there's nothing wrong. They are happy to provide a report. The problem is the car was bought by a family member who has since passed away, leaving the car to their child who is now the registered keeper. The garage has also been bought by a larger garage group since the vehicle was purchased (they were going into administration). Would court action need to be taken by the registered keeper or (preferably) could I do this as the person who has actually dealt with the issue from the beginning? Would the defendant be the new owner of the garage or would be now defunct limited company be named as an additional defendant since that was the entity the vehicle was purchased from? I also think the national manufacturer that provides the warranty should be named as a defendant, does that make sense? Any pointers would be gratefully received, thank you.