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Final Right to Reject – Dealer’s response confusing – please help

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  • #16
    Armchair diagnosis (always dodgy!) sounds like gear linkage worn just out of tolerance, but I would assume that was checked

    Comment


    • #17
      Update….

      Ok, so the dealer is standing firm in their decision not to except my rejection unless I agree to their unreasonable terms.

      I do not feel that using a ADR service provided by the courts would be beneficial to me as they have stated that their offer would not change.

      I’d be interested to know If I could bill them for the cost of car hire?, as the car I am currently using is borrowed and will have to be returned to its owner shortly, otherwise i will have to purchase a cheap run-about to get to work and back.

      Also… when calculating my claim do I include any damages in the total? As my claim including damages would exceed 10k, and without damages I could reduce to just under 10k.

      Your comments and advice would be greatly appreciated… thank you.


      ME
      Letter before action

      Following our earlier correspondence regarding my rejection of the car under the CRA 2015.

      Your offer to use the ADR service of The Retail Motor Industry Federation is declined as I do not believe they will be imperial. They are a body whose self-declared aim is to "represent the interests of operators in England, Wales, Northern Ireland and the Isle of Man providing sales and services to motorists and businesses."

      If I do not receive your acceptance of my final right to reject within the next two weeks please note that it is my intention to initiate a court claim without further notice. The courts offer a mediation service which might be acceptable to both of us as fully independent.

      Please note the car is kept on a public highway 24/7, therefor If the car remains uncollected after 24th February 2018 I will have to continue paying road tax and insurance In order for the car to remain ‘road legal’ and you will be charged £1.81per day as reimbursement.



      DEALER
      Thank you for your letter dated 10th February 2018, the contents of which have been noted.

      With regards to your comments related to the ADR service of the Retail Motor Industry Federation, I can confirm that this service forms part of the CRA 2015 and is dealt with by the National Conciliation service, therefore I do not agree with your comments.

      I have noted that your intention is to initiate a court claim and will be adding £1.81 per day to your claim in relation to road tax and insurance. I am fully aware that the courts offer a mediation service and if used in due course our offer will still be in line with what we have previously offered you.

      Therefore unless you accept our previous offer which we feel is fair and reasonable we will not be collecting the vehicle by the 24th February 2019.

      If you decide to go forward with your court claim then any correspondence received will be responded to accordingly.

      Comment


      • #18
        Originally posted by des8 View Post
        Armchair diagnosis (always dodgy!) sounds like gear linkage worn just out of tolerance, but I would assume that was checked
        Sorry for the delay, I've only just noticed that the thread has extended to a second page...

        I can't be sure for certain if the gear linkage was inspected or not? as each time it was inspected they were unable to replicated the noise as the faulty component had not got hot enough in order to make the noise, and it's incredibly frustrating trying to explain that taking the car for a run-around the block is not going to be sufficient.

        Comment


        • #19
          So you are at the point where you have no choice but initiate court action, unless you are minded to accept their "generous" offer.

          i would limit the claim to £10,000 to ensure it is allocated to the small claims track.
          Although I have known claims in excess of £10000 be allocated to that track, it is unusual and if it is allocated fast track there are cost implications.

          Feel free to post up your particulars of claim here for checking before lodging with the court if you wish

          Comment

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