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Hi all,
It appears that I wrongly believed that the Car Dealer’s response was their acceptance of my rejection of the motor vehicle.
I’d be extremely grateful if someone would spare a moment or two by taking a look at the below four emails and advise me on what my response should be?
Thank you in advance.
ME
Further to my email dated 18th December 2018.
On 21st June 2018 I notified you that the car was making a clunking noise during gear change, which coincided with repairs carried out by RRG Peugeot.
Unfortunately Arnold Clark Peugeot have been unable to identify the latest fault with the car, therefor it cannot be repaired.
Under the Consumer Rights Act 2015, I am exercising my right to reject the goods and claim a refund.
Please contact me within 14 days with your comments and intentions.
DEALER
I apologise for the delay in responding to you. Our records indicate that you purchased the vehicle on the 6th January 2018 with a verified mileage reading of 32828 miles. I can also confirm that we paid your local Peugeot main dealer for the replacement clutch kit and flywheel in May 2018 and you then reported a clunking noise to us in June 2018.
Having reviewed your file I can see that you have been liaising with Peugeot and various other garages in relation to the clunking noise however although the noise can be heard, no full diagnostics have been carried out or any confirmation received from any garage /main dealer confirming that the fault is present or can be repaired.
I have also noted that you are requesting to reject the vehicle under the Consumer Rights Act 2015.
However with the above in mind and taking in to account the mileage that you have covered in the vehicle since the date of purchase that being approximately 16,572 miles based upon the mileage reading of 49400 in December to resolve this matter we are in a position to offer one of the following options -
1 Return the vehicle back to XXXX for the clunking noise to be investigated and if the fault is found repairs carried out free of charge and you keep the vehicle.
2) If the fault cannot be found or the vehicle cannot be repaired the we will assess the bodywork exterior / interior and taking in to account the mileage covered which will more than likely be around the 50,000 mark by now we will agree a favourable part exchange valuation of £8,000, bearing in mind that the true part exchange valuation should be around £7,000 to £7,500 at this moment in time or we can make a mileage deduction of 25 pence per mile that being 25p x 17,172 miles = £4293.00, making a valuation of £8,155.00.
Please note that above calculations are based upon the CRA 2015 whereby if a company accepts the rejection of a vehicle we are within our legal rights to charge the consumer for fair usage.
The above is open for acceptance for a period of 14 days from the date of this email. Please note that the more mileage that is covered in the vehicle the above figures will need to recalculated.
ME
Thank you for your email confirming that you accept my rejection of the car.
Just to confirm that the car has been rejected for a refund and for that reason a repair would not be acceptable. The car has not been used since you received my rejection letter on 27th December 2018 and the exact mileage is 49416.
According to the Consumer Rights Act 2015, any deductions for ‘fair use’ should be reasonable and justified, I do not believe that your deductions are neither fair nor reasonable, therefore can you please provide me with details of how your deductions were calculated and your justification for these deductions.
Under the CRA 2015, once you have accepted my rejection, you must provide a refund within 14 days, therefore please respond in a timely manner.
DEALER
First of all I would like to confirm that we have not accepted the rejection of your vehicle as yet. As per my previous email, I have copied the paragraphs relevant and can only reiterate the following;
1) Return the vehicle back to Cargiant for the clunking noise to be investigated and if the fault is found repairs carried out free of charge and you keep the vehicle.
2) If the fault cannot be found or the vehicle cannot be repaired the we will assess the bodywork exterior / interior and taking in to account the mileage covered which will more than likely be around the 50,000 mark by now we will agree a favourable part exchange valuation of £8,000, bearing in mind that the true part exchange valuation should be around £7,000 to £7,500 at this moment in time or we can make a mileage deduction of 25 pence per mile that being 25p x 17,172 miles = £4293.00, making a valuation of £8,155.00.
Please note that above calculations are based upon the CRA 2015 whereby if a company accepts the rejection of a vehicle we are within our legal rights to charge the consumer for fair usage.
The above is is self explanatory and confirms our position on this matter. Therefore until the vehicle is returned back to us for us to carry out our necessary inspections as stated above. We are unable to move forward.
I would also like to point out that XXXXX are members of the Retail Motor Industry Federation and abide by their code of practice. They also offer an ADR (Alternative Dispute Resolution) to all consumers. You can either write to them at The Retail Motor Industry Federation, National Conciliation Service, 1st Floor 2 Allerton Road, Rugby, CV23 OPA or contact them by Telephone on 01788 538317.
It appears that I wrongly believed that the Car Dealer’s response was their acceptance of my rejection of the motor vehicle.
I’d be extremely grateful if someone would spare a moment or two by taking a look at the below four emails and advise me on what my response should be?
Thank you in advance.
ME
Further to my email dated 18th December 2018.
On 21st June 2018 I notified you that the car was making a clunking noise during gear change, which coincided with repairs carried out by RRG Peugeot.
Unfortunately Arnold Clark Peugeot have been unable to identify the latest fault with the car, therefor it cannot be repaired.
Under the Consumer Rights Act 2015, I am exercising my right to reject the goods and claim a refund.
Please contact me within 14 days with your comments and intentions.
DEALER
I apologise for the delay in responding to you. Our records indicate that you purchased the vehicle on the 6th January 2018 with a verified mileage reading of 32828 miles. I can also confirm that we paid your local Peugeot main dealer for the replacement clutch kit and flywheel in May 2018 and you then reported a clunking noise to us in June 2018.
Having reviewed your file I can see that you have been liaising with Peugeot and various other garages in relation to the clunking noise however although the noise can be heard, no full diagnostics have been carried out or any confirmation received from any garage /main dealer confirming that the fault is present or can be repaired.
I have also noted that you are requesting to reject the vehicle under the Consumer Rights Act 2015.
However with the above in mind and taking in to account the mileage that you have covered in the vehicle since the date of purchase that being approximately 16,572 miles based upon the mileage reading of 49400 in December to resolve this matter we are in a position to offer one of the following options -
1 Return the vehicle back to XXXX for the clunking noise to be investigated and if the fault is found repairs carried out free of charge and you keep the vehicle.
2) If the fault cannot be found or the vehicle cannot be repaired the we will assess the bodywork exterior / interior and taking in to account the mileage covered which will more than likely be around the 50,000 mark by now we will agree a favourable part exchange valuation of £8,000, bearing in mind that the true part exchange valuation should be around £7,000 to £7,500 at this moment in time or we can make a mileage deduction of 25 pence per mile that being 25p x 17,172 miles = £4293.00, making a valuation of £8,155.00.
Please note that above calculations are based upon the CRA 2015 whereby if a company accepts the rejection of a vehicle we are within our legal rights to charge the consumer for fair usage.
The above is open for acceptance for a period of 14 days from the date of this email. Please note that the more mileage that is covered in the vehicle the above figures will need to recalculated.
ME
Thank you for your email confirming that you accept my rejection of the car.
Just to confirm that the car has been rejected for a refund and for that reason a repair would not be acceptable. The car has not been used since you received my rejection letter on 27th December 2018 and the exact mileage is 49416.
According to the Consumer Rights Act 2015, any deductions for ‘fair use’ should be reasonable and justified, I do not believe that your deductions are neither fair nor reasonable, therefore can you please provide me with details of how your deductions were calculated and your justification for these deductions.
Under the CRA 2015, once you have accepted my rejection, you must provide a refund within 14 days, therefore please respond in a timely manner.
DEALER
First of all I would like to confirm that we have not accepted the rejection of your vehicle as yet. As per my previous email, I have copied the paragraphs relevant and can only reiterate the following;
1) Return the vehicle back to Cargiant for the clunking noise to be investigated and if the fault is found repairs carried out free of charge and you keep the vehicle.
2) If the fault cannot be found or the vehicle cannot be repaired the we will assess the bodywork exterior / interior and taking in to account the mileage covered which will more than likely be around the 50,000 mark by now we will agree a favourable part exchange valuation of £8,000, bearing in mind that the true part exchange valuation should be around £7,000 to £7,500 at this moment in time or we can make a mileage deduction of 25 pence per mile that being 25p x 17,172 miles = £4293.00, making a valuation of £8,155.00.
Please note that above calculations are based upon the CRA 2015 whereby if a company accepts the rejection of a vehicle we are within our legal rights to charge the consumer for fair usage.
The above is is self explanatory and confirms our position on this matter. Therefore until the vehicle is returned back to us for us to carry out our necessary inspections as stated above. We are unable to move forward.
I would also like to point out that XXXXX are members of the Retail Motor Industry Federation and abide by their code of practice. They also offer an ADR (Alternative Dispute Resolution) to all consumers. You can either write to them at The Retail Motor Industry Federation, National Conciliation Service, 1st Floor 2 Allerton Road, Rugby, CV23 OPA or contact them by Telephone on 01788 538317.
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