Pursuing a section 75 and Consumer rights act 2015?

[Mjharper]

Hi everyone,

I purchased a car on a credit card on 30th of August and had it delivered September 3rd.
From day one the car was out of oil and misfiring. The misfiring became progressively worse (engine mgmt also on) and now the car is undriveable. I contacted the dealer on Sept 4th and was told to get in touch with the AA (the dealer's warranty provider).

I had the car diagnosed professionally and the misfiring was confirmed. They were also suspicious that all error history had been wiped before the delivery day.

After some research I found the likely issue (bad piston rings causing the oil consumption which eventually ruin the sparkplugs hence the misfiring)

I also discovered Audi settled a class action lawsuit in the states and have been fixing the issue free in the UK if customers had a full service history, even if the car was out of warranty (this is a 2010 model)

My car was sold with a FSH so I thought this may be a resolution even if the dealer had sold me a bag of bolts! When I contacted my nearest Audi dealer I was shocked to discover the car had six years of missing service history. The dealer tried to fob off the AA by telling them I'd been advised on the phone about the history (I hadn't). I have saved the original advert that lists FSH as proof.

I have emailed (no response) the dealer asking for a full refund and car collection (as it's 200 miles away) The AA are backing me - even though they are his partner! and have advised me to start a section 75, which I have.

I was wondering if I could (and should?) also make use of the Consumer rights act 2015? I'm still within the 30 day period. If so, what should I do, send a recorded letter? I want a full refund and collection OR a partial refund to cover the repairs (which would be new piston rings and an engine rebuild which is around 2 - 3.5k)

Any advice appreciated!
Many thanks

[efpom]

Use 4A of the Consumer protection from unfair tradiing regs to unwind the contract.

http://www.legislation.gov.uk/uksi/2014/870/made

[Mjharper]

Use 4A of the Consumer protection from unfair tradiing regs to unwind the contract.

http://www.legislation.gov.uk/uksi/2014/870/made

And this is ok to do alongside section 75?
Should I draft a letter to the trader highlighting this section?

Many thanks

[efpom]

Just send the trader the following:

Notice

I hereby exercise my right to unwind the Contract pursuant to the Consumer Protection from Unfair Trading Regulations 2008

Get your purchase price back under s 75, and claim under the regs 27J for damages

[Mjharper]

Just send the trader the following:

Notice

I hereby exercise my right to unwind the Contract pursuant to the Consumer Protection from Unfair Trading Regulations 2008

Get your purchase price back under s 75, and claim under the regs 27J for damages

Hi,

Should this be a physical letter or will email suffice?

How do I pursue a 27j damages claim - do I list these to the trader?

I have a feeling the trader will continue to ignore anything I send digitally or otherwise, is there a point I can escalate this to small claims etc?

Thanks again for all your help

[des8]

I would disagree with efpom on this point, and suggest you send a letter to the dealer exercising your short term right to reject as per the Consumer Rights Act 2015.sec 20.
Email, followed by hard copy sent with free certificate of posting

Goods unsatisfactory and not fit for purpose and not as described

[Mjharper]

I would disagree with efpom on this point, and suggest you send a letter to the dealer exercising your short term right to reject as per the Consumer Rights Act 2015.sec 20.
Email, followed by hard copy sent with free certificate of posting

Goods unsatisfactory and not fit for purpose and not as described

Thanks for this - Am I right to insist he collects the car? (it's undrivable and 200 miles away) I already paid £200+ to have it delivered

[des8]

Yes, the dealer has to collect without cost to yourself as per CRA 2015 sec 20 (8)

[efpom]

Why not combine exercising the CRA 2015 s.20 right to reject with unwinding under Consumer Protection from Unfair Trading Regulations 2008, as amended.

The latter furnishes the right to damages via regulation 4A which would be in play if the trader said that the vehicle came with a full service history, which would be an implied term of the contract, via CRA 2015 s.50, and it did not have that full service history.

I would be interested in seeing the advert - If that says something about the trader complying with his obligations under the CRA, that's a prohibited practice under the regs (which transposed a Directive)

[Mjharper]

Would would happen (hypothetically) if I was successful with the s75 and the right to reject? (however unlikely)

[efpom]

Shortly put - you are not entitled to "double recovery"

[Mjharper]

Shortly put - you are not entitled to "double recovery"

That's fine and wouldn't expect it, I was just wondering if you had them running in parallel is it first one wins?

[des8]

That's fine and wouldn't expect it, I was just wondering if you had them running in parallel is it first one wins?

....or loses. you are the one that wins!
If you are successful with the section 75, the finance house will look to recover their money from the dealer (not that that is your worry)
Section 75 claims can be quicker than the court, but proceed with both

[efpom]

If you get the purchase price back you can still claim consequential loss, distress and inconvenience under 4A of the regulations. I would not delay in sending a notice per CPA 2015 AND the regs.

[Mjharper]

*Update*

First off, thanks for everyone's advice it really helped!

I got a decision from my credit card provider today - They were pleased to tell me they have applied a temporary credit to my account while the merchant's bank reviews their decision.

The credit will be permanent after 45 days if they haven't been in touch. I called them and asked if I was able to spend the credit when it was added and they said yes - does this sound right? I suppose this is a chargeback rather than a sec75?

Lo and behold, after more than three weeks radio silence from the dealer, on the very same day, I get an email from their solicitor responding to my letter. They said the dealer 'requires' the opportunity to inspect the vehicle and that will be at my expense.

I politely referred them to this link which clarifies the reality:


“Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any cost incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them”.

So, unless you expressly make clear in your pre sales information that the customer must return a rejected vehicle to your showroom, all they have to do is tell you where the vehicle is and let you collect it. So, even if they live 500 miles away, it is still your responsibility.

They quickly changed the subject after this, claiming I hadn't demonstrated any issue with the vehicle. (I have been trying to contact them for weeks and the AA sent them copies of my diagnostic results). I re sent all this to them regardless.

I made clear that according to the consumer rights act as I'm within 30 days I have the right to reject the vehicle outright, 1 for being faulty, (with report) undriveable and demonstrable proof that it was not as described as it doesn't have a full service history as advertised (I have an Audi print out).

Should I continue this back and forth? As far as I can tell I have them bang to rights and succeeded with the charge-back.

Finally if the dealer does agree to collect, are they now the owner and not the credit card company?

Many thanks!