Car Dealer - 30 Day Right to Reject

[Mitche11]

Email received from dealer on the 15th June 2019:
Thank you for letting us know your concerns we can arrange a recovery truck to pick up the vehicle so they is no further damage also get car looked at.

Does the following email sound unreasonable to send to the dealer.

With regards to your email dated 15th June 2019, you can now collect the vehicle for your inspection.

When you inspect the tyres you will see that they do not meet The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act.

As you are well aware from previous emails the vehicle cannot be driven as this can cause more damage, so for that reason I have made a note of the mileage. I understand that you may need to take the vehicle for a test drive to hear the noise of the differential and trust me you will hear it, but to find the exact fault with the differential it would need to be taken apart, once taken apart it would need to be put back together but by doing this, it is classed as a repair.

Under no circumstances are you to repair the vehicle or change anything on the vehicle unless you agree to my request of a Full Refund under The Consumer Rights Act 2015, Short Term Rights to Reject.

[des8]

Email received from dealer on the 15th June 2019:
Thank you for letting us know your concerns we can arrange a recovery truck to pick up the vehicle so they is no further damage also get car looked at.

Does the following email sound unreasonable to send to the dealer.

With regards to your email dated 15th June 2019, you can now collect the vehicle for your inspection.

When you inspect the tyres you will see that they do not meet The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act.

As you are well aware from previous emails the vehicle cannot be driven as this can cause more damage, so for that reason I have made a note of the mileage. I understand that you may need to take the vehicle for a test drive to hear the noise of the differential and trust me you will hear it, but to find the exact fault with the differential it would need to be taken apart, once taken apart it would need to be put back together but by doing this, it is classed as a repair.

Under no circumstances are you to repair the vehicle or change anything on the vehicle unless you agree to my request of a Full Refund under The Consumer Rights Act 2015, Short Term Rights to Reject.

You have rejected the vehicle.
You cannot prevent the dealer looking for the fault which caused you to claim the contract was breached because the vehicle was unsatisfactory.
If he decides that the diff needs dismantling he is tacitly admitting the fault exists.
He doesn't have the right to repair instead of accepting the rejection.
If he repairs it, again it is an admission the vehicle was unsatisfactory

Just tell him the vehicle is ready for collection and the odometer reading.
Remind him about the rear tyres he put on and the problem that lies with the diff.
Don't tell him what he should or should not do.

[Mitche11]

Thank you so much for your guidance.

Is this ok?

The Vehicle is ready for collection, I have noted the odometer reading.

You will see the rear tyres you put on do not meet The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.) part of the Consumer Protection Act.

The differential on the vehicle makes a whining, howling noise during acceleration and decelerating. The faster the speed the noise gets louder and when decelerating the noise gets quieter.

[des8]

...

[Mitche11]

I have already sent on the 21st June 2019 letter before court , giving them 30 days to respond, so far I have had no response. If they don't respond to the letter before court and my email sent today telling them vehicle is ready for collection, do I just go ahead and issue court proceedings? Is there anything else I need to do?

Sorry for all the questions but as I said in my 1st post, I haven't done anything like this before and don't really know if I am dealing with it the right way.

Your guidance has been very much appreciated :-)

[des8]

You'll have to wait 'till the 30 days is up before next steps.

As this is your first venture into the courts you might find these useful:
https://www.judiciary.uk/wp-content/..._in_Person.pdf
https://www.barcouncil.org.uk/media/...online_use.pdf

[Mitche11]

I sent an email on the 5th July 2019 confirming the vehicle is ready for the car dealer to collect, they have replied today saying they are collecting the vehicle on 19th July 2019 to inspect but I sent a letter before court action on 21st June 2019 giving the car dealer 30 days before court action. What do I do, do I wait till after they have inspected the vehicle or do I still start the court claim on 21th July 2019 as that is when the 30 days has passed?

[des8]

You need to give them time to inspect and conclude your rejection is valid.
!4 days perhaps?

[Mitche11]

Ok, thank you DES8 for clarifying.

[Mitche11]

Update:

The car dealer is coming to collect the vehicle for inspection tomorrow, I have not been given a time yet but have been told tomorrow evening. They are using another car dealer to inspect the vehicle and they have personal connections with the car dealer who I purchased the vehicle from, it makes me feel suspicious.

[des8]

Wait and see as at this stage there is nothing to be done

[Mitche11]

Just an update....Car dealer arranged for vehicle to be collected on 19th July at 7pm, that's 14 days after I sent the car dealer an email to collect the vehicle to inspect. I waited for the vehicle to be collected on the day and at 7.30pm there was no sign of them so I sent a text message and the reply I got was driver is on his way, they eventually turned up at 8.45pm with no paperwork or nothing. Since Friday 19th July I have heard nothing from the car dealer. How long should I give them before starting court proceedings?

[des8]

The Act doesn't lay down a timescale except to say
"A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund"
The vehicle was only collected last Friday so he has had it for only three days, so IMO it is a bit early to start chasing
I'd give him at least a week, then send an email stating that if the refund is not with you by 31.07 you will initiate court action.

[Mitche11]

Thank you for your reply DES8. I thought the same but just wanted to check as I wasn't sure if I needed to wait for them to respond before proceeding with court action.

[Mitche11]

Help needed please!

I sent the following email on 28th July 2019:

With regards to the above vehicle, you have had the vehicle for over a week now and I have had no response from you.

If a full refund of £5,800.00 is not with me by 1st August 2019 then I will initiate court action.

Reply email I have received today from car dealer:

Can you please call me when you have time. I got your vehicle today form the garage and is free from faults you monitored before, also we have fitted all 4 brand new tires on the vehicle.

There was a fault with the differential when I had the vehicle checked out with a 4x4 specialist and the car dealer is now saying that the vehicle is free from faults, also the car dealer had put illegal part worn tyres on the rear prior to purchase when it was verbally agreed 2 new tyres and has now saying they have fitted 4 brand new tyres.

I requested a Full Refund under The Consumer Rights Act 2015, Short Term Rights to Reject, I did not ask them to repair or change tyres.

Where do I stand now and what do I do?