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How long is too long before raising Small Claims Court Action?

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  • How long is too long before raising Small Claims Court Action?

    Purchased a car from an independent dealer in the N/E on July 25th 18. Car is 7 years old with 29k miles. Came with a 30 day warranty. After 45 days the gears started to crunch. Being out with the 30 days and living over 100 miles from the dealership I took it to my local garage. They changed the clutch and flywheel as they were showing uneven wear and cracking. The problem still presented. They inspected the gear box and said it was damaged by oil was new and clear. With my bill now totalling £3000, a friend pointed me to the CRA which states that if a car has been purchased more than 30 days or less than 6 months then it is the sellers responsibility to fix. Emailed a standard letter and received phone call.

    Was told I should have phoned them straight away and they would have collected on a flat bed lorry. They disputed that the costs would be as high as £3000 and said they would be able to fix at cost price. They accused my garage of over 10 years of completing unnecessary works and I was instructed not to have the gearbox fixed. They asked for estimates and part numbers. With the works already being carried out for the clutch and flywheel I sent them the invoices. Not hearing from them I re-contacted them and they said they had not received them. I sent a second time. I gave the dealership the opportunity to speak with my mechanic but they refused.

    In mid-September I asked when the vehicle was going to be collected and they said not until October as they were very busy. They also told me my issue was a priority. I sent images of damaged parts 2 weeks ago and again asked for a collection date but have not heard from them.

    Given my car has been off the road since mid Aug and we are now in Oct, will the courts view this is as sufficient time for the dealership to fix my car?
    Tags: None

  • #2
    How much did you pay for the car, and how did you finance the purchase?

    Comment


    • #3
      No cash exchanged hands. I traded my truck in for the car for a value of £7995

      Comment


      • #4
        CRA 2015 Sec 23
        (2) If the consumer requires the trader to repair or replace the goods, the trader must—
        (a)do so within a reasonable time and without significant inconvenience to the consumer, and
        (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage

        (5 Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
        (a)the nature of the goods, and
        (b)the purpose for which the goods were acquired.

        To mitigate the disruption to you have they offered you a free courtesy car?
        Has the non use of this vehicle caused extra costs or inconvenience to you?

        To me it seems the delay is unreasonable, but I'm not the judge.
        Have you told them you are contemplating court action?
        If not you need to advise them of a deadline in which to have the vehicle collected and returned repaired, otherwise you will initiate a court claim

        Comment


        • #5
          Thanks des8 I have now given them 7 days in which to collect the vehicle and told them if they dont then I will proceed with small claims court action.

          Comment

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