Should the garage have told me the car was a parallel import

Hi there,
Was the vehicle marketed/advertised as a UK model? Or was the fact that it was imported kept hidden and unknown to you?
Just so we can identify whether this is a case of false statements and misrepresentation or whether it is a case of non-disclosure.
Take a look at all your paperwork for the vehicle, and see if it states there that it is an import..

Let us know

Forgot to add here: it's not for you to deal with Subaru, as your contract is with the garage and not Subaru. (if bought outright/finance with garage) . And so it should be the garage sorting it out with Subaru, save your pennies phoning a national rate number

Following on from ALewis I would also check your insurance as parrallel imports are often distinguished from 'normal' imports and it may be that you are not insured if something happens. Insurance quotes often ask this question.

When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to be of satisfactory quality (taking into account its age and mileage), meet any description given to you when you were buying it and be fit for the purpose (for example, to get you from A to B safely)

If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.

If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could claim from it the cost of getting the second hand car repaired elsewhere claim for a reduction in the purchase price or return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’)

If you bought your second hand car with a credit card or with credit provided by the dealer the card company or credit provider is jointly liable with the dealer for any breach of contract, so you can also claim from them.

If you bought your second hand car on HP, your rights are against the HP company, not the dealer, so you must take up any problems with it, not the dealer. However, you rights are different and if you have a serious problem, and the HP company won’t help, you will need to seek legal advice.

If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to give the second hand car back and get your money back, or if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)

However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.

I have asked for 2 things from the garage.

1. Refund me £1300 for the cost of the repairs
2. A refund of 10-15% of the price I paid (£12000) to reflect that an imported vehicle is worth less.

Obviously the £500 goodwill offer is a long way from what I have asked for, am I being realistic with request? Do you think I will have any sucess if I take them to the small claims court?

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It is very hard to comment on 'success' in any court action. What i would say is that if you make sure you do your homework and can back up everything you claim it will go along way to persuading the court. For example, if you can egt a couple of traders to give you their opinion in writing and also get an independant valuation for the two types of import then this would be very persuasive.

I would say that when buying from a main dealer it is not normal practice for the purchaser to need to undertake a HPI check on the vehicle to see if it revealed the type of import etc. you would take what they say at face value. If it is a significant point so you have thought they would have informed you of this.

Why would Subaru not even consider the goodwill warranty request? I understand they are not obliged to as it is outside their warranty period but what difference does the parrallel bit make as Malta are in the EU? I can undertsand if it was imported from a non EU country where the spec might be different.

The fees you pay to bring a small calims case to court vary on the amount of the claim and depending on what you are claiming, you may not be able to use the samll claims track which is limited to claims under £5k, so you could claim the repair and difference in the value of the car but not the full cost of the car through the small claims court.

I have experience with the small claims court and it's a fairly simple and painless problem, don't be threatened by PLC lawyers, they are not outside the law, I have dealt with Vodaphones and dispite him starting off thinking he could frighten me into submission with his legal terms and his 'superior' knowledge, he paid what I claimed (and was obviously entitled to) before a small court hearing date.

You will of course need to do your homework, as suggested get reports, find the actual difference in the value in the UK market and check thoroughly that you have not been given this info prior to purchase but if everything adds up you may need to submit a small claim to sort this out, and of course, when you win, you also get costs and interest paid (which you must also insist they pay even if they settle out of court)