rejection of vehicle within 30 days - LS4U involved, dealer not responding.

[des8]

So according to LS4U a corroded brake pipe does not render a vehicle unsatisfactory ....... interesting view point!

You have a dodgy dealer who is employing a non regulated firm to write legal sounding letters in the hope you will go away!

[Guest]

So according to LS4U a corroded brake pipe does not render a vehicle unsatisfactory ....... interesting view point!

You have a dodgy dealer who is employing a non regulated firm to write legal sounding letters in the hope you will go away!

yes, but then they go on to say that the dealer is prepared to accept our rejection. Given the tone of the paragraphs before this, I am a little confused. Unless they have simply bodged the letter and inserted an incorrect paragraph. we shall see.

[des8]

A confusing paragraph all round, but without sight of any agreement a bit meaningless.
Their response will be interesting

[Guest]

hi all, no reply from dealer of LegalSolutions - LBA drafted as below - it that ok?

ETTER BEFORE COURT CLAIM

IMPORTANT – DO NOT IGNORE



Dear

Re: Faulty Rover 75, registration NX54 XAK.

As it has not been possible to resolve this matter amicably, and because it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

We purchased the above vehicle from you on 25/01/2020. Our first complaint was regarding damp carpets and water ingress which we raised with you on 27/01/2020. This was fixed at our cost on 05/02/2020. At the time of repairing this issue, we were made aware that the water damage rendered the airbags and seatbelt restraint system (SRS) inoperable. You eventually agreed to refund us for the repairs carried out on the water ingress and carpets on 12/02/2020 but did not offer the same for the subsequent problems identified with the airbags and SRS. We were therefore resigned to paying for this ourselves.

On 20/02/2020 however, the battery light came, culminating in the vehicle failing just at the point of arriving at an independent Garage on 21/02/2020. The Garage diagnosed this as a failed alternator and battery. You were given the opportunity on this date to collect the vehicle and carry out the necessary repairs under the consumer rights act 2015, or to provide us with a refund.

Whilst in the Garage, an inspection was carried out on 22/02/2020 which found that the vehicle was unroadworthy and should not have been sold to us. This was due to brake pipes being corroded to a dangerous level. Other issues were identified which are present on the independent report which has been provided to you on several occasions by ourselves and by the AA. On this date therefore, we contacted you to reject the vehicle due to it being unsafe.

As you were given the chance to repair the vehicle on 21/02/2020, even though this was for a different fault, it has been made clear to us that we cannot exercise our ‘short term right to reject’. However, given that you have ignored all correspondence since this date and have refused to inspect or collect the vehicle, we are now exercising our final right to reject as allowed to us under the Consumer Rights Act 2015. To be clear, you have ignored the following correspondence:

- Email dated 21/02/2020

- Email & recorded delivery letter dated 22/02/2020

- Email dated 3/03/2020

- Email & Letter dated 10/03/2020

- Whatsapp messages on 21/02/2020 and 22/02/2020

You have also refused to resolve this matter over the phone, referring us instead to ‘Legalsolutions4u’ who are not regulated by the Solicitors Regulation Authority. They are yet to provide a meaningful resolution on your behalf.

We intend to claim for the following:

- £1495.00 for the purchase price of the vehicle

- £40.00 cost for its removal from the garage to our residence

- £30.00 cost of alternative transport arrangements

- Further costs should this matter go to court

The total claim at the moment is therefore: £1565.00.

Listed below are the documents on which we intend to rely on in our claim against you:

·- Original advert you placed online for the vehicle

- Photos and videos of water ingress, wet carpets & mould

- Photos of Rover diagnostic results re. airbags/SRS

- Report from first set of repairs dated 05/02/2020

- Independent Garage report dated 25/02/2020

- Removal company receipt

- MOTs showing corrosion present prior to you receiving the vehicle

- All email & letter correspondence between ourselves and SK Autobahn Ltd

- All email correspondence between ourselves and the AA mediation team

It might also be pertinent to notify you that we have tracked down the previous owner via Facebook and will attempt to obtain a written statement from him, detailing the condition of the car and issues you would have been aware of.

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

- Evidence showing you carried out pre-sales checks and what these checks were

- Documents relating to the MOT you commissioned that would demonstrate the MOT is credible

- An explanation of how corrosion to a dangerous level could have occurred within 28 days

·-Any evidence that you have tried to comply with your obligations under the Consumer Rights Act 2015

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard. 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.

If we do not receive a satisfactory response from you within 14 days of the date of this letter, we intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

[Guest]

I have received this from Legal Solutions just now:

"Our Client: SK Autobahn Ltd
Our Ref: SW/2000299
Vehicle: Rover 75 Registration:
*
We confirm receipt of your email correspondence and note contents of the same.
*
Given a resolution has been unable to be reached with you, our Client has rescinded their previous offers of settlement.
*
We would suggest you seek your own legal advice in respect of this matter."

This seems to suggest they messed up and he never wanted to resolve it. Can I include this in my evidence given it is not marked as "without prejudice". this shows I was prepared to accept a resolution based on a settlement agreement but that they never provided me with one.*
*

[des8]

Sorry but busy at the mo'......... will post tomorrow

[des8]

In post 8 it was suggested you tell the dealer to**"put repairs in hand by eg 7th March, or your rejection will them take effect and you (ie gf) will initiate court action after eg 14th March without further reference"
Did you do that?

[Guest]

In post 8 it was suggested you tell the dealer to"put repairs in hand by eg 7th March, or your rejection will them take effect and you (ie gf) will initiate court action after eg 14th March without further reference"
Did you do that?

not as such. I was speaking to Which lawyers and they said not to mention the fact that we couldn't exercise our short termright to reject yet. the next time repairs was mentioned was in my LBA as below:

"you were given the chance to repair the vehicle on 21/02/2020, even though this was for a different fault, it has been made clear to us that we cannot exercise our ‘short term right to reject’. However, given that you have ignored all correspondence since this date and have refused to inspect or collect the vehicle, we are now exercising our final right to reject as allowed to us under the Consumer Rights Act 2015. To be clear, you have ignored the following correspondence"


the dealer has been offered the chance to collect and inspect the car every time I have written to him.

should I have put, "you have 14 days now to repair the vehicle?" if so, can I send a letter after the LBA making this clearer? will it be such a problem?

[des8]

Not a problem, but if you had warned them you would initiate court action there would have been no need to write a separate LBA now.

LETTER BEFORE COURT CLAIM

Dear

Re: Faulty Rover 75, registration NX5

I**purchased the above vehicle from you on 25/01/2020. for £1,500.00.

Due to multiple faults, which rendered the vehicle unsatisfactory and not fit for purpose, and following* your refusal either to bring the vehicle to a satisfactory condition or to accept my notice of rejection, be advised that it is my intention to initiate court proceedings to recover all my losses.

if I do not hear from you within the next seven days, i.e. by dd/mm/yyyy I will proceed without further reference to yourself.

Yours faithfully
GF

[Guest]

Dealer deadline is this Thursday. Since I wrote to him, I found the previous owner on facebook and he has confirmed that he told the dealer of the damp, that he didn't cut a hole out of the carpet (which means the dealer did) and that he had not fixed the corroded brake pipes that were an advisory on the MOT prior to the one the dealership commissioned (meaning MOT cannot be relied on). these are screenshotted and will be submitted in evidence.


I've also been told by Which? Legal to chase Barclaycard as although the sales invoice wasn't in my name, I can prove I have interest in the car. I sent them a letter giving them 14 days after which a LBA will be issued.

The initial plan was to take them both to court together (should i not get a response) but given that I would be issuing proceedings against BC and technically my partner against the dealer, is this even possible? should I go ahead an issue against dealer on Friday?

[des8]

You can initiate court proceedings against the dealer and at the same time talk to credit card company.
there is no point in starting court proceedings against the card issuer until they refuse to meet your claim.

They will probably need about 8 weeks before making a decision

[Guest]

LS4U have got back and said the dealer will now accept rejection should we sign settlement. settlement though says


"1.1. The Dealership agree to buy back the Vehicle. The Dealership will collect the Vehicle and all associated paperwork on a date to be arranged, following a satisfactory cosmetic inspection, the Dealership will pay to the Customer £1465 in full and final settlement in respect of all claims that the Purchaser may have against the Dealership both now and in the future in relation to all matters and this particular matter will be deemed concluded. (Settlement Payment).

1.2. The proposed date of payment is intended to be 14 days from the date of this agreement, however, such date to be extended until the Government confirm that the Covid-19 lockdown has ceased and the Dealership can return to work.

The Settlement Payment will be made direct to the Customers Bank Account. "

there's also the standard confidentiality agreements.

I have some serious concerns about agreeing to purchase the vehicle "following a satifactory cosmetic inspection". Since the agreement also states we won't go take each other to court, what's to stop him saying we've damaged the car and so he's not taking it back and then we're stuck. Also, we should have been paid long before COVID happened so why should we wait till it's over for our money?

also settlement only mentions me, not my partner who's name is on the invoice.

thoughts?

[des8]

Bollocks to that
CRA 2015 does not require it
It requires dealer to collect, and as rejection has now been accepted payment has to be within 14 days.
Tell them that if they fail you will be claiming interest at the statutory rate.

Response to dealer and the pseudo legals

[Guest]

our friends at LS4U have got back in touch and made the following comments:

1. the dealer is entitled to a cosmetic inspection and to deduct an amount from the refund for any issues (I have pointed out Section 20, Subsection 17 and section 24, subsection 9)
2. they are at a loss as to why I think we are due a refund within 14 days because we haven't signed their agreement (I have pointed out Section 20, S15)

they are saying we are being unreasonable not signing an agreement that contradicts the CRA 2015 and that,"In the event you issue legal proceedings against our Client will seek to rely on this email to evidence their effort to reach an amicable resolution, in order to obtain a costs order against GF" . obviously I have pointed out the courts would not expect us to sign such an agreement.

Dealer is pleading hardship because of situation yet I have an email in which he agreed to a one on one viewing during lockdown. can we expect any problems issuing court action after 14 days or is it just bluster on their part?

[des8]

Just tell them the 14 day time limit remains in place and you will initiate court action.
Don't let them b****r you about!