LegalSolutions4U - Car Rejection Issues

[Correntexp1]

Hi all,

I am having a tough time with a garage and legal team regarding a Toyota Rav 4 which i have rejected. I'll aim to include all the relevant facts below and where we are. (I also notice Apollo14LMP is also having issues with LS4U in a seperate thread)

I bought the car from a used car garage on Saturday 23rd February. I paid the full amount (£1990) via direct debit and whilst paying signed a 'Pre-delivery inspection' which we will go into later.

On Sunday 24th February i noticed a distinct smell of fuel coming from the car and upon investigating could see a pool of what appeared to be petrol underneath the car.

On Tuesday 26th February i took the car to an independent 3rd party mechanic who confirmed that the fuel tank was corroded and highlighted other faults with the car. The mechanic deemed the car to be unsafe and unroadworthy due to these faults. (Appendix A)

Also on Tuesday 26th February, i e-mailed the garage stating that i would like to exercise might short term right to reject under the consumer rights act 2015. (Appendix B)

On Wednesday 27th February, after having no reply to my e-mail, i rang the garage and spoke to the manager who stated that i would hear from their 'legal team' within 3-5 working days.

On Friday 5th March, after hearing nothing from the 'legal team' i sent a letter stating that should the garage refuse to refund the full amount, i would launch small claims proceedings within 14 days. (Appendix C)

On Tuesday 19th March i received a mail from LS4U stating that they reject my claims and believe that i have no case which is obvious bullying tactics. (Appendix D)

In the letter they make several spurious claims but mainly centered around:

a) The pre-delivery inspection, which doesn't make any mention to, or reference of, the fuel tank (Appendix E)
b) A fuel tank leak is not an indication of a vehicle in an unsatisfactory condition (I'd have thought being able to hold fuel is shortly after having an engine and 4 wheels in the list of importance to a functioning car)


I am looking for some advice on where to go with this? Should i continue playing letter tennis with LS4U, or be more aggressive and go straight down the court route? I ideally would like to go down the path with the shortest end date as i need a car to continue getting to and from work after a recent move.

[Apollo14LMP]

First thing I did was report to Consumer Helpline ... get a reference number ..
I have had great advice here i m sure you will get some good advice soon....
car sounds dangerous ! Fire hazard ! LS4u are scum ... will badger and bully you. I had some kid called Jess Ramage writing to me .. she turned out to have been employed at Mc Donalds this time last year ....
i reported them 3 times to trading standards and had their website took down for false advertising ... also reported dealer and LS4U to the ICO
LS4U is a sole trader struck off solicitor called Malcolm stewart Graham from Gateshead google his name thats what you are up against ...

But i will let the experts here advise you regarding the car ..

[Correntexp1]

Thanks Apollo,

Seems like you have made their life suitably difficult I am on the verge of responding to LS4U essentially saying they can come and collect the car for an inspection themselves and if they do not refund, i will initiate court proceedings but wanted to know what some of the legal minds in here thought

[Apollo14LMP]

I would not do that till you get advice. If you have rejected car you need to bear that in mind and not act otherwise my warnings about LS4U are just as stated beware of him.

[Amethyst]

I'll tag des8, ostell and R0b for you xxx

[Apollo14LMP]

I made complaints re the car dealer to Consumer Helpline .. who contact trading standards as a matter of course. ICO re data handling.
LS4U reported 3 times to Consumer helpline then spoke to nominated officer at their local trading standards they have had a few other complaints about them ... first point of contact for me was consumer helpline....
also reported to advertising standards told to sort his website out as he tried to make it look legal shall we say
These people try to deflect deter your complanis

[des8]

I see LS4U website is still down
I would address any correspondence to the dealer and just copy in LS4U.

Was the car purchased from a limited company, or just an individual?

In any event you have exercised your short term right to reject.
You have to prove the vehicle is unsatisfactory at the time of purchase.
The faults that have been highlighted by an independent inspection are sufficient to indicate the unsatisfactory status at time of purchase.
In fact supplying an unroadworthy vehicle is a criminal offence (RTA 1988 sec 75)
If the fuel system is leaking it is a MAJOR fault, if excessive it is classed as DANGEROUS (MOT inspection Manual 5.1.3 sec b


On the basis LS4U try and bully their client's customers I would not even bother responding other than to say you refute their comments and are proceeding to initiate a court claim, which do

[Correntexp1]

Thanks for the advice Des, car was purchased from a limited company who have approx 150-200 cars so they can't just up sticks and move. I'm guessing this is going to help me with the case?

[des8]

No It just means that legal action is probably worthwhile undertaking as they have assets to pay judgement

[Correntexp1]

Good to hear. I plan to send an e-mail to the garage (with LS4U CC'd) today with the mechanic's report and essentially stating that if they do not refund or inspect the car themselves within a week ill submit the claim via CC. Not bluffing so the response to that will influence how we go forward. Do you think this is the right way to go?

[des8]

You need to follow that up with hard copy letter (get free certificate of posting) and give them a fortnight.
Head the letter "Letter before Action"

[Correntexp1]

Perfect, will let you know how i get on. Many thanks for your help so far!

[Correntexp1]

Quick update on where i am with this.

On 29th i submitted a letter before action to the garage and LS4U.

Suddenly, after weeks of nothing i got an e-mail from LS4U stating that their client had agreed that i am due a refund if i returned the car to them.

I was initially reluctant to return the car but decided to in the end as it was around £60 and would result in the refund.

On the day the car was returned, LS4U then messaged saying that their client hadn't agreed to this and it would be rejected. The car was returned nonetheless and was handed over to the manager of the garage (i can get a witness statement from the delivery driver if needed)

Since the car was returned they have not responded to any mails.

The car has also been relisted on the garage's website (for £500 cheaper than it was)

The 14 day letter before action deadline expires this Friday. What would be the move here? Do i issue the claim with the CC and include my expenses (which now include transport of car, insurance, tax etc) on Friday? Wait for them to eventually pay? Or can i issue the court proceedings stating that mediation has clearly failed as they are not forthcoming with the refund?

Any advice would be much appreciated.

[Amethyst]

If you have both of those emails ( the one saying to return the car, then the one backtracking ) it might be useful to see what they say.

I think as you returned the car as they'd agreed to it ( as a response to your LBA ) you likely need to do a new LBA (7 days though I reckon this time) for the refund AS AGREED in the email dated xxxxx and quote it. Also say that they obviously accepted the return as they have relisted the car for sale etc.

what do you think des8 ?

[des8]

I'd go along with Amethyst and issue a new LBA setting out your claim for refund plus all your costs as in above post 13 including return of vehicle (this is all covered in CRA2015.)
7 days is more than generous.... I'd give them 7 hours and you could probably proceed to court immediately.
Refunds have to be made within 14 days of conceding it is due, so make the time limit expire on 14th day after they agreed a refund, just to be sure!