Been Sold a car with badly repaired crash damage

[Donut 27]

Hi, Excuse my ignorance, its been almost 6 months since I bought my car & I want to act fast, before this timeframe is up.

I bought a car from a main dealer for £25k + for low miles & a few years old. I asked if it had been in a crash verbally & I was told NO. THis dealer was 100+miles away.

After about a month or 2 from purchase date , I noticed a gap between the bumper & the quarterpanel above it. I complained to dealer & they said to get it looked at, a local main dealer. A local dealer looked at it & said it has been in a crash & had a smart repair where the bumper has been badly glued back in & this was done some time ago. It will need extensive work to repair properly. I reported the findings back to the main dealer I bought the car from & they said to get a repair quote & get back to them.

I went to 3 bodyshops, the first 2 would not touch the car or get involved & said to return it, due to the level of damage & how bad the repair was. THe last bodyshop quoted £3k to repair.

I relayed this quote to the main dealer. They are now saying that it is only the bumper that needs fixing, this quote is ridculous & I might have done the damage myself since buying the car. They said that they can look at it & give me a quote, but did not offer to fix. And they are hundred miles away.

Luckily, I took photos the day after I got the car home & you can see the gap & the bodywork issues, if you are looking for them. Also, the local dealer that looked at it said that it is evident that this was done a significant time ago.

I have raised a complaint with ombudsman but I have not heard anything in over ten days.

I understand that I have gone past the 30 day time period where it is easier to reject, but now the 6 month time period is approaching.

I either want the car repaired or to reject it & get my money back.

Any advice would be gratefully received.

[des8]

You need to write (first class and get free certificate of posting from post office) to dealer rejecting the vehicle as unsatisfactory and not as described.
As you are still within the six month period it is for the dealer to prove the car was satisfactory when delivered.
Tell him that as he has the right to one attempt to repair the vehicle, this is an acceptable solution for you.

Note:
(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).


Of course if he does have the vehicle repaired, do have the work checked by your own people!

[Donut 27]

Thank you for your response DES8!

Why write in rather than email?

Funnily enough , I sent an email this morning saying something similar to what you wrote. I have only just seen your reply.

I have also just found a screenshot of one of the photos of the car from the dealer's advert & the damage can be seen when you zoom in! I forgot I had this photo on my phone! So I am very happy.

So in theory, they should pay for the car to be picked up on a transporter & repair it? Do they have to supply me with a courtesy car? I can't see them doing this to be honest. I'm interested to hear their response.

I am just getting anxious as the 6 month mark is fast approaching.

[des8]

I automatically write rather than email ....it's an age thing!
Letters are perhaps easier to produce in court and the Interpretation Act deems items posted first class to have been delivered, but not to worry.

The Act clearly states the dealer must bear any necessary costs and that would include collection and delivery back to consumer
Also states "without significant inconvenience to the consumer".
Whether or not that would mean supplying a courtesy is a matter of opinion, but if you had of necessity to hire a car you could claim damages from the dealer. However you do have a duty to minimise your losses.

You have rejected prior to the 6 month mark, so no problem there

[Donut 27]

OK thank you for the advice! I won't panic about the 6 month rule then.

[ostell]

Mail with a free certificate of Posting from a post office shows that something was sent to them on that date, delivered 2 working days later. emails can be ignored/lost/no proven delivery.

And you have reported the problem so the 6 month clock is stopped until such time as they provide a satisfactory solution.

[Donut 27]

Well this is still ongoing. The dealer has ignored my last emails.

I now have a DEKRA (independent) car inspection carried out, saying that the car is not right, which is what I knew anyway.

Should I get a solicitor to write a letter with all the evidence (which the dealer does not know about yet) at a cost of about £300 OR

Take the dealer to small claims court myself?

[des8]

No need for a solicitor.
If you still want it repaired, tell him so, and if he fails to make suitable arrangements within 14 days you will initiate a county court claim without further reference to him.
Suitable arrangements means at no cost to you and with as little inconvenience as possible.

If you don't now want the vehicle, tell him that as he has refused or ignored (whichever is correct) your request you are exercising your final right to reject and require a refund of the purchase price and all your incidental costs.
Tell him the vehicle is available for collection by arrangement.
You require the refund within 14 days.
Failure to comply and you will initiate a county court claim without further reference to him
note that he can make a deduction for your usage of the vehicle, but no need to mention that to him!

[Donut 27]

Ah OK thanks for the advice.

The car was £25 000 + Would a county court claim cover this amount? Is a county court claim the same as small claims court?

[des8]

£25,000 would be a County Court Claim, but most likely allocated to fast track.
This has cost implications for the losing party, and could take a year before it reaches a hearing!