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Help regarding car problem within 30 days

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  • Help regarding car problem within 30 days

    Help regarding car problem within 30 days

    Today, 14:06:PM
    Hi all, I was wondering if I could get some guidance on my situation

    I purchased a second hand car (mostly on credit card) on 25/01/2020. When we first looked at it, we did notice some mould and the boot did not open. We asked for both those things to be resolved and paid a deposit with the rest to follow once those were fixed. We picked it up on 25/01/2020, 2 weeks later at which point the issues appeared to be resolved and we didn't notice any other problems.

    2 days later on the monday, I noticed the damp was coming back and so decided to look around to see what the problem was. I discovered that underneath the boot mat, there was a large amount of water and that there were 2 footmats which hid a square cut out of the rear passenger footwell. AFter lifting this bit of carpet up I realised it was completely drenched, soaking like a sponge, with water present on the chassis. That explains the mould coming back then...

    This seems to be as a result of a broken sunroof drain and/or blocked plenum and/or ingress at the rear lights. the fix required is to take the seats and console out, replace the carpets with a dry carpet and fix the leaks. This could cost me around £250/£300.


    Upon discovering this we called the dealer on Monday. He was extremely dismissive and seemed more concerned with finding a way that it was our fault than acutally resolving the issue. He asked that we take the car to him the following week. I took multiple videos and pictures of the issue (the videos of me squeezing the carpet are actually pretty shocking!) and sent them to his email quoting the CRA 2015 and stating that I either wanted to return the car for a full refund or ideally, for him to agree to pay for the repair costs. he ignored this so I whatsapped his number to which he replied he would forward to his 'complaints team' (it is quite clear that he does not have a complaints team). He is the sole director and the one who sold me the car. It is a small independent place. After being pressed further, he said I should hear back within 14 days. I again stated we would be happy with a partial refund to cover the costs of the repair.

    The thing about the car is that it's a rover 75 and therefore hard to get parts for. It will be quite an effort sorting out a fix and especially getting hold of a carpet. I have no faith in a garage of his choice fixing this as it's quite a specialist job. Thankfully I am part of an MG rover forum and one of the members there (an ex mechanic) has offered to take on the work at a very competitive rate, much cheaper than any other garage. It is also clear he knew of the problem with the car.

    My question therefore is, how successful could a claim be for these costs I incurr given that I will be going ahead with the repairs as a matter of urgency through my own channels? I have made it quite clear with him I intend to this as he seems to be stalling for time. I am seeing quite conflicting information on this. Do absolutely have to allow him to inspect the car directly and attempt to fix it himself given the extreme breakdown in trust present?

    thanks in advance


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  • #2
    I believe that if you decide to go through your own channels to get the vehicle repaired without giving the dealer a chance to inspect and fix the faults, then you cannot claim for costs incurred.

    Comment


    • #3
      Sec 23 of CRA 2015
      6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

      As you want to arrange the repairs yourself, I would suggest you attempt to negotiate a price reduction with the dealer
      Sec 24 of CRA 2015
      Right to price reduction or final right to reject

      Comment

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