Car Dealer - repair refused at the outset.

[Apollo14LMP]

Hi - Working on my case at the moment - bought used car had problems with it - didn't know what was up with it till I had deep Diagnostic carried out. Rang car dealer beyond 30 days .. they simply refused to repair the car. Salesman / Director said to me "What do you expect for a car ten years old ?" ( to last longer than a month !) , despite their tone they weren't threatening - but not as nice as when I was giving them my money. They also said they weren't "shelling out on that car !" and were not repairing the car. Is that counted as a failed repair ?? how will the Small Claims court see that. Didn't contact me then till Xmas eve, probably as the notices of intended action were due to expire over the Xmas period. Promised to get back to me after Xmas when their recovery, people are back in work. Told them the car was not driveable and would need lifting towing. I had a SORN marker on it to save the tax and Insurance. Next thing gets an email from some backstreet pretend legal company. Take the car back .. will cost me £200 to do this how do I stand ??? Have had 900 miles of driving out of it. £1700 I paid run around .. Have got all my email as when I contacted them 9/12/2018 I told them was not happy that they refused to repair the car that was in the email but never disputed by them. Also calls was recorded. … Gave them three times the option to refund me, come see car here or collect it … Ignored and after xmas got some bad legal firm onto me - they are saying is is wear and tear -- not even seen the car ! saying I made unfounded allegations about their client ! and I had not proved my case. I sent them car spare receipts and diagnostic report I paid for ! bit messy but would appreciate any advice … thank you …

[des8]

Write to the dealer (assume not bought with finance) telling them that as they have not complied with your request to repair the vehicle you now require them to collect the vehicle and refund the purchase price. You also require reimbursement of all your costs.
Warn them that if they fail to respond satisfactorily within the next two weeks you will initiate county court action without further notice.
This is in accordance with the Consumer Rights Act 2015

Is this a limited company?
Who are the "legal firm" writing nasty letters?

[Apollo14LMP]

It did come from a limited company ....

The legal company is legalsolutions4u.co.uk

Have already issued small claim ... as they refused repair on the phone ignored me and then demandedci take car back weeks later.

Wondering how court will view their actions to date really .... if i have to go for a hearing as such

[des8]

Just connected you with your deleted thread!

The court will only be interested in evidence produced in court and won't have a viewpoint as such on prior behaviour
They have heard it all before.

If the defendant doesn't follow court instructions it might be different

[Apollo14LMP]

Thanks I had to delete my post .. bit complex cant discuss ...
will the court see the outright refusal to repair and engage as a failed repair ? Thanks

[des8]

It should be viewed as a failure to repair

CRA sec 19:
(3)If the goods do not conform to the contract.......the consumer’s rights...... are—......(b)the right to repair ,,,,,

sec 23
(2)If the consumer requires the trader to repair ,,,,, 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).

sec 24
(5)A consumer who has..... the final right to reject may only .....do so .....(when)--
(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

[Apollo14LMP]

Thank you so much …

[Apollo14LMP]

Just had an email about the car saying they will pay 50% of recovery cost from here to them 200 in full it will cost.

saying i have not proved the car is faulty the offer above is a goodwill gesture ...

i asked them to fix car first week of December and was dismissed though i have proof of phone calls and email detailing my complaint
also got copies of email which says as you have refused to fix the car or look at it i want a resolution or will take issue further
then sent breach if contract notice etc which went unanswered for two weeks.

After sending pre action letter i have already issued small claim form through courts perhaps they got it in the post ... i issued form due to being ignored sgain

also advised they dont and wont do ADR !
I feel just feel that even if i sent car back they will still wriggle n scream just how i feel....

why did they not just look fix it and leave it 2 months to say all this....

i dont need this with my current health conditions

feel like just plodding onto court but would take a cash offer to see this car gone ... what will court say about me refusing their "kind amazing offer" ??

dont want legalsolutions4u.co.uk writing to me they are just a joke ..

any help would be great thank you

[des8]

They are trying to bully you into submission

Just write back, rejecting their offer (was it marked "without prejudice"?) as below your statutory rights.

As you notified them there was a problem that made the car unsatisfactory within the first six months but 30 days after delivery it is deemed that the vehicle was unsatisfactory on delivery. For them to prove otherwise, not for you to prove the fault.

[2222]

Does the OP have an obligation now to let them take the car away? Should they not examine it where it is?

[des8]

CRA 2015 sec 20 Right to reject:
(7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader

[2222]

But the trader is not accepting the rejection? The proposed collection is for the trader to inspect the car, and I thought the time for that is now past? Just wondering.

[Apollo14LMP]

I gave them the chance to fix the car .. they refused ignored me for weeks ...

as i see it they have had the chance to fix repair the car so will be arguing that the point were a repair can be made is well passed.

had no car since December ... supposed to fix car car in timely fashion ? And without significant inconvenience ..

worst of all having to write to deal with this legal entity they employ .... for buttons probably

[des8]

But the trader is not accepting the rejection? The proposed collection is for the trader to inspect the car, and I thought the time for that is now past? Just wondering.

The trader has refused to repair.
OP tells us the car is undrivable (altho' we don't know the reason)
If 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).

They have declined to repair, so that leaves consumer with final right to reject.

This dealer is refusing to even look at the vehicle.

Only caveat is we don't know what the fault is that makes the car unsatisfactory, as would be reckoned by a reasonable person

[Apollo14LMP]

I will explain - car was lacking power thought it was something minor. Only bought car for hospital appointments and leisure when well enough. So I only used the car locally. After three weeks the car was juddering Engine Management Light coming on. Parked car up first diagnostic man came out - told me misfiring on one / two cylinders - said needs plugs new coil pack (common fault). Was on or about 30 days limit. Still felt it was minor fault so got the parts and a local mechanic carried out fix. Car was fine for a few days ..

Next goes out in car juddering badly ! EML on again .. going into limp mode. Got home called another diagnostic man out - he was spot on - got new coil pack plugs out and pressure tested that engine … one cylinder was not firing another misfiring. Moving car back into its parking space and there was a lot of noise. The engine will not even turn over something really wrong with it. Car will not move / drive Im no car expert though

Rang garage and they did not want to know flatly refused to listen asked me what I expected due to age of car wasn't spending money on the car.

I emailed a breach notice stating they had refused to look at the car and refused to fix it at all (twice) dealer has never spoken to me since ….. I sent them copy of diagnostic report which states significant mechanical work required !! proof enough ??

contacted me saying he would look at the car after Xmas ..

Then keep getting emails off their legal team call them what you will got this today …


We understand from your letter that you allege that the aforementioned Vehicle is unfit for purpose and has had issued since the point of sale. We can advise that you have failed to provide any sufficient evidence to support your allegations. We continue to advise that you have previously had repairs completed by an independent third party garage without seeking prior authorisation from the dealer despite being under an obligation to do so.

In your email you state that you believe you are entitled to a full refund plus a consequential losses of £181. We are at a loss as to how you have calculated your losses and request you provide us with a breakdown of the costs which you believe you are entitled to.

We can advise that our Client is not a member of an ADR scheme and is not willing to be introduced to one.

We can advise that our position as per our previous email of the 16 January 2019 remains unchanged in that, in order for a consumer to exercise to exercise their s24(5) final right to reject, the consumer must have satisfied the provisions of s23 CRA 2015 of which to date you have failed to comply with, thus you have no grounds to reject the Vehicle at this stage. We therefore request for the Vehicle to be returned to our Clients premises without any further undue delay as our Client is exercising their statutory right to inspect the Vehicle and as you have owned the Vehicle for more than 30 days the burden is upon you to return the Vehicle to our Clients premises in order for an inspection to be completed. For the avoidance of doubt at the point of sale you signed a customer certificate confirming that under any circumstances you would be willing to return the Vehicle to our Client at your own cost

This is the last email I got ….