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Car Dealer - 30 Day Right to Reject

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  • Car Dealer - 30 Day Right to Reject

    New to the forum and need advice.

    I purchased a 4x4 from a used car dealer on 21st May 2019. Viewed and test drove the vehicle on 18th May 2019 it was advertised for sale at the price of £5,990, was told by the car dealer that the price advertised included 12 months warranty, a fresh MOT and a service. Whilst I was negotiating the price, the car dealer was writing down figures saying that the service is going to cost him £200 - £300, he was including the warranty also he was getting a fresh MOT on the vehicle, my husband then said to the car dealer that “the vehicle needed two new tyres on the rear”, the dealer said the tyres will cost me £80.00 each, so the best price he could do was £5,800 for the vehicle with a fresh MOT, Service and two new tyres but he would only be able to do 6 months warranty not 12. I agreed the price of £5,800, I paid the deposit and I signed the deposit receipt.

    I went to collect the vehicle on the 21st May 2019 with my father in law, I checked the vehicle over and could see the tyres had been changed on the rear and that the tyre patterns were different but I didn’t mention anything at the time because I thought I was just being picky about the pattern as I did not know much about vehicles at that time. I paid the remaining balance, signed the warranty form and purchase invoice, taxed the vehicle and left the forecourt.

    When I got home and when my husband looked at the vehicle he asked me why the vehicle had different pattern tyre treads on the rear wheels, I didn’t know why so I emailed the car dealer on 23rd May 2019 to ask why the tyre patterns were different on the rear axle, the car dealer replied the same day stating that “regarding the tyres, they are both road legal and there is nothing wrong with them, your driving is not effected”, I took his words about the tyres.

    When I drove the vehicle I did notice a whining noise but to start off with it was hardly noticeable, my husband said that new tyres can make a noise so I just carried on driving the vehicle thinking it was the tyres. After driving the vehicle for a couple of weeks I noticed that the whining noise was getting louder and the faster I drove the vehicle started to vibrate at the rear. I wasn’t happy and I didn’t feel safe so I took the vehicle to a 4x4 specialist garage on 12th June 2019. They took my vehicle for a test drive and told me that the noise was coming from the rear differential and that having odd tyres which are possibly at different stages of wear or just different brands/patterns can cause added stress on the drivetrain which can lead to, or exaggerate the common failure of the rear diff bearings. I sent a email to car dealer on 13th June 2019 explaining the situation and asked him “Is there anything he was willing to do?”, the car dealer replied to my email asking for a full report from the Land Rover Specialist but I was unable to provide this because to be able to do a report the differential would need taking apart. I received a reply from the car dealer stating that “any third party repairs I arranged for the vehicle with out agreeing with us we will not pay any invoice”. I was advised by the 4x4 Specialist not to drive my vehicle as I could cause more damage driving with tyres that do not match on a single axle. I also researched on the internet about tyres and differentials on 4x4’s, it soon became obvious to me that tyres can have a major impact on safety of the vehicle, cause damage to the differential and other parts of a 4x4 vehicle. The car dealer requested that I return the vehicle for him to look at but before I returned the vehicle I wanted to get some advise so I phoned the Consumer Helpline. After speaking with the Consumer Helpline I was told I was within 30 days of purchasing the vehicle and that I could request a full refund under the Consumer Rights Act 2015, Short Term Rights to Reject as goods supplied must be of satisfactory quality. I sent the car dealer a letter via email on 17th June 2019 requesting a full refund. The car dealer replied the same day and stated the following:
    With all due respect please read flowing:
    • Car is not sold faulty and complaint form you about noise in differential is recent. You have signed warranty documents on collection day whats confirms that vehicle is sold as described and free from defects, the vehicle has been test driven, no concerns regarding engine, transmission and final drive. There is no faults on the vehicle at the point of the sale.
    • Your complaint regarding the vehicle service and tyres - You have signed the deposit form whats state in comment field that we will change engine oil and oil filter, will do a fresh MOT and change two tyres. There is no agreement that we will replace with brand new tyres and specific make.
    • You can not provide any garage diagnostics work what could prove that there is a fault on the vehicle and refusing to return vehicle to us for inspection, even when we offer to use tow vehicle to collect from your home.
    • There is no corporation form you side at all, we are doing all form our side to resolve the matter.
    • Before you are claiming for a refund you have to give us a chance to fix a vehicle if there is something to fix. Looking forward to hear from you.
    I could not believe it when I read "There is no agreement that we will replace with brand new tyres and specific make", so that meant the car dealer had put two part worn tyres on my vehicle! I researched on the internet that part worn tyres have to meet meet safety standards and show they have been tested - Under The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) which are part of the Consumer Protection Act, the requirements are “all types of part-worn tyres must be marked 'PART-WORN' in upper case letters at least 4mm high. This wording must be permanently and legibly applied to the tyre, otherwise than by hot-branding or cutting into the tyre, and adjacent to every approval mark. I sent photos via email of the tyres on the rear of my vehicle to a company that works closely with a wide range of commercial and government organisations asking them could they confirm if the tyres meet the legal requirements, they replied saying “Based on the discussion yesterday and you explained the car dealer said he had fitted part worn tyres, there is no ‘part worn’ stamp visible on them. This contradicts The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act, which means they may have been supplied illegally. Additionally, there is reasonable grounds for concern over the object embedded in the tyre”. The tyres on my vehicle do not meet the UK regulations.

    Because the car dealer put “two part worn tyres” on the rear of the vehicle that do not meet The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act, instead of two new tyres as verbally agreed, we have been misled, also they have put the safety of myself, my family and other road users at risk of an accident and if I was to have had an accident then my vehicle insurance would have been void!

    As for the noise coming from the rear differential, I researched on the internet and spoke to other 4x4 specialists and they state that, "putting two part worn tyres with different tread patterns and as they are part worn will obviously have different tread depths on a 4x4 vehicle can cause more damage to a faulty differential.

    I sent a letter before court on 21st June 2019, see below:

    XXXXXXXXXXX
    XXXXXXX
    XXXXXX
    XXXXX
    XXXXXX

    21 June 2019

    Letter before court claim

    Dear XXXXXXX,

    Re: Not of satisfactory quality, not fit for purpose and not as described.

    I purchased from you on 21st May 2019 a XXXXXXXXX at the price of £5,800 and included in that price it was agreed that you would put two new tyres on the rear. Within 30 days of purchasing the vehicle I found a fault with the differential, this was due to the fact that you had put two different brands and pattern of part worn tyres on the rear axle of my vehicle and upon further investigation of the tyres, they do not meet the UK requirements under The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act, therefore the vehicle is not of satisfactory quality, not fit for purpose and not as described.

    I sent you a letter via email on 17th June 2019 requesting a full refund under the Consumer Rights Act 2015, Short Term Rights to Reject. You have not given a definitive answer to say you are accepting or refusing the full refund in your replies via email since receiving that letter.

    I am once again requesting a full refund of the purchase price of £5,800 on the grounds that the goods were not of satisfactory quality, not fit for purpose and not as described under the Consumer Rights Act 2015. I enclose a copy of the proof of purchase.

    I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

    I sent you a email on 17th May 2019 asking if you was part of an ADR scheme but you did not reply to this question. If you are part of a ADR scheme, I would be willing to enter to try and resolve the problem to avoid taking court action.

    If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

    I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

    I look forward to your acknowledgement.

    Yours sincerely,

    XXXXXXXX

    I have not had a reply yet to the above letter sent. I have looked at the court claim form in case it ends up going to court but I am unsure how to fill it in, such as Brief details of claim and Particulars of Claim.

    What would I need to take to court?

    I have never dealt with anything like this before so any help would be very much appreciated.












    Tags: None

  • #2

    You're doing all right at the mo!

    How did you pay for the vehicle? credit card perhaps?

    Will sort out a draft wording you could use as a guide over the weekend

    Comment


    • #3
      Thank you DES8, I paid by bank transfer, next time I purchase a vehicle I will pay by credit card.

      Comment


      • #4
        This is the sort of layout one uses for Particulars of claim (thanks R0b!):

        1. At all material times:-

        a. the Defendant carried on business as a car dealership; and
        b. the Claimant acted as a consumer.

        2. By a written contract entered into on 21.05.2019, the Claimant agreed to purchase from the Defendant a XXXXXXX (vehicle registration XXXX) for the sum of £5,800.00

        3.Prior to purchase the defendant agreed to fit new tyres to the rear

        3. Under the Consumer Rights Act 2015 ("CRA"), there were implied terms that the vehicle would be of satisfactory quality and fit for its intended purpose and as described

        4. The following faults became manifest
        (a) faulty differential
        (b)incorrect & part worn tyres fitted to the rear


        5. In breach of contract for the reasons mentioned in paragraph 4 the vehicle was neither of satisfactory quality, nor fit for purpose, nor as described.

        6. The Defendant exercised her short term right to reject the vehicle under Section 20 (1) of the CRA for breach of contract by emailed letter on 17.06.2019

        7 depends on defendants response to your letter


        8. The Claimant therefore claims:

        (a) the repayment of £5,800.00

        (b) Alternative to (a), damages for breach of contract.

        (c) interest.

        (d) costs.

        Comment


        • #5
          Thank you DES8. Should 6. read The Claimant exercised her short term right?

          Comment


          • #6
            Also what do I need to put in Brief details of claim? Sorry for the questions but I have never done this before and don't want to fill the claim form out incorrectly.

            Comment


            • #7
              Originally posted by Mitche11 View Post
              Thank you DES8. Should 6. read The Claimant exercised her short term right?
              Yes!

              Comment


              • #8
                Originally posted by Mitche11 View Post
                Also what do I need to put in Brief details of claim? Sorry for the questions but I have never done this before and don't want to fill the claim form out incorrectly.
                "payment of monies owing following exercise of short term right to reject a vehicle purchased from defendant "

                Comment


                • #9
                  I requested a full refund under the Consumer Rights Act 2015 Short Term Rights to Reject this was done within 30 days of having the Vehicle, the car dealer is refusing to pay. The car dealer has sent me emails stating that they have a right to fix the fault if there is a fault there. A 4x4 specialist garage diagnosed the fault being the differential only by the noise that was coming from the rear of the vehicle but to find the exact fault with the differential it has to be taken apart, once taken apart it would need to be put back together but by doing this it would be classed and charged as a repair.

                  The following email was sent to me after the car dealer received my letter Short Term Rights to Reject:

                  Since you first complaint email about noise in the differential we have asked you to return the vehicle to us for inspection to resolve the matter. We have legal right to have a chance to fix the vehicle if fault is there. So fare you have declined return your vehicle and also there is no official report saying that there is problem with rear differential. We are going nowhere with this, you have to give us permission to collect your vehicle for inspection and then we can come back to you regarding how we will resolve this matter. Also I have spoken to XXXXXX director XXXXXX today. He has done only 10 minute test drive on your vehicle and proper inspection inside the garage has not been done. Weary little nose from the back cold be from treys or differential bearings. Nothing so fare confirms that there is any mechanical problem with the vehicle. So to resolve the matter we need to have access to your vehicle for inspection. Can we arrange this please?

                  I sent an email to the 4x4 specialist asking them to confirm that I took the vehicle to them on 12th June 2019 and that one of their mechanics took it for a test drive and confirmed the noise was coming from the differential and that it was more than likely the bearings, also that my vehicle has different makes of tyres and treads on the rear axle and a different make and tread on the front axle, all together my vehicle has 3 different makes and treads of tyres, I understand that this can cause damage to the diff. The 4x4 specialist replied with the following: Yes, I can confirm fitting odd tyres which are possibly at different stages of wear or just different brands/patterns can cause added stress on the drivetrain which can lead to, or exaggerate the common failure of the rear diff bearings.

                  The dealer keeps asking for the vehicle to be returned so they can inspect and possibly fix if there is a fault but I am not agreeing to this, although I have agreed that the vehicle can be inspected at my premises.

                  I did not find out till the day after requesting a full refund that the vehicle had illegal part worn tyres. The tyres alone are in breach of contract as they do not meet The Motor Vehicle Tyres (Safety) Regulations 1994, also we verbally agreed to new tyres not part worn, the car dealer was made aware of this by email within the 30 days of purchasing the vehicle but after my letter Short Term Rights to Reject.

                  My questions are:
                  Does the car dealer have a right to check the vehicle Or is it up to me to prove there is a fault?
                  Will it go against me in court for not allowing them to take the vehicle to inspect?
                  Is the email from the 4x4 specialist sufficient evidence that there is a fault?
                  Am I within my rights to reject the vehicle and request a full refund on just the tyres?

                  Comment


                  • #10
                    He does not have right to one chance to fix, that comes after the 30 day right to reject, or he's thinking of the Sale of Goods Act

                    Comment


                    • #11
                      It is for you to prove the vehicle did not conform to contract at time of delivery.
                      The dealer should be allowed to collect vehicle at his own expense to examine it.
                      If he confirms the faults (and tyres must be self evident) he should agree and make refund
                      He does not have the right to repair
                      If he disagrees about the faults you continue to court and the judge decides

                      Whether or not the judge will accept the report I cannot guess, but you could take photographs of the tyres (side and edge on) showing the disparity.
                      Last edited by des8; 5th July 2019, 16:13:PM.

                      Comment


                      • #12
                        I have taken photos of the tyres and also I sent an email and photos to a tyre safe who work closely with a wide range of commercial and government organisations. They sent an email stating that Based on the discussion yesterday and you explained the car dealer said he had fitted part worn tyres, there is no ‘part worn’ stamp visible on them. This contradicts The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act, which means they may have been supplied illegally.

                        The thing that worries me is that they take the vehicle to inspect, fix the fault and change the tyres then try and prove in court that there is no fault with differential and tyres. The garage that MOT'd and serviced the vehicle before purchase is obviously a garage that does all the work for the car dealer so would probably side with the car dealer. The other problem is to hear the noise the car will have to be driven and I have been told by 4x4 specialists and the dealer not to drive the vehicle in risk of more damage to the differential, also if the dealer has the differential taken apart to find the fault then this is classed as a repair and being the reason why I have not instructed anyone to take it apart.

                        Hope the above makes sense.

                        Comment


                        • #13
                          You do seem to have a good case.
                          Collect all the evidence that you can
                          Do not drive the vehicle in an attempt to record the noise
                          There is always an element of uncertainty when you go to court, but what choice do you have if you do not want the vehicle because of its faults?

                          Comment


                          • #14
                            I did send the following in an email to the car dealer on the 19th June 2019 but I did not get a reply.

                            I have lost all trust in you to return the vehicle for you to inspect at your premises or any garage of your choice as you have been very misleading, have disregarded everything I have emailed you about and you have been trying to scare me with your replies to make me think that I don’t have certain rights!

                            You are welcome to send an inspector to do an inspection on the vehicle at my home address or select a garage from 3 different garages of my choice but I am not agreeing for you to have the vehicle at your premises or any garage of your choice because of what I have explained above. I am also not agreeing for you to repair the problem with the differential or any other repair as I have already requested a full refund under Consumer Rights Act 2015, Short Term Rights to Reject.

                            I feel I have shown that I am allowing him to inspect the vehicle but under certain conditions.

                            I have not driven the vehicle since 14th June 2014 and also I have SORN the vehicle, I am wasting money paying road tax when it is just sitting on my drive.

                            Comment


                            • #15
                              If you proceed to court without allowing the dealer to examine the vehicle on his own premises you might find yourself in a certain amount of difficulty.

                              CRA requires the dealer to make the refund within two weeks of agreeing the vehicle does not conform to contract.
                              You cannot expect him to agree without allowing him an opportunity to examine the vehicle, and it would be unreasonable to expect him to do that in a third party garage (if any third party garage would allow that if only because of insurance problems!)

                              If you have rejected the vehicle you should not be retaining it, as by your actions you are denying that rejection.

                              Comment

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