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Car dealer refused 30 day return plus Lawdata letter.

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  • Car dealer refused 30 day return plus Lawdata letter.

    Hello,

    Can I just say thanks for all the information this community has given, it's a goldmine of information.

    I have what I believe to be a pretty straight forward case. However the Dealer is being somewhat awkward and has used Lawdata Ltd to send me direction.

    Quick background.
    I purchased a fairly expensive low mileage used car on the 29/12/20 and on the 06/01/21 it broke down. I informed the Dealership and was told to monitor as the car started again after 10 mins. On the 08/01/21 it broke down again same Transmission Fault, it also threw up an array of fault lamps the morning before but again reset. This time I managed to get it home and haven't driven it since. I also informed the Dealership again and said I wouldn't drive it due to the danger it posed, when the fault happens you lose all power and it just stops be that on a junction or roundabout.

    On the 09/01/21 I received an email from the Dealer stating how shocked he was and how well the car drove when he used it. He asked me to explain what had happened and he would come a pick up the car and take it for repair. By this time I had started researching this Transmission issue and it made for very grim reading, it appears this is normally the start of things going from bad to worse. With this in mind I emailed a detailed explanation of the fault and highlighted my options, I also pointed out the personal reasons for needing a reliable car. He emailed back saying he would call the next day but nobody called. I send an email on the 11/01/21 explaining I wished to exercise my right to return the car under the SOG 2015, I also attached the formal letter of notice.

    The evening of the 11/01/21 I received an email which stated my Px vehicle had been sold and they are not able except returns, all returns are handled by Lawdata Ltd and the car needs to be inspected. I should add I've sent pictures of the fault as well. I responded explaining my rights yet again and that I wish to return the car. I also pointed out he just needs to refund me the Trade-in value given on the receipt. His reply on the 12/01/21 was rather angry and he sited an out of context from the AA which said "If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund". That's his thinking, I'm not allowed to reject as it showed the fault after I purchased it, is that even close to being right?

    Later on the 12/01/21 I received an email stating that he's been told it's just a software update and he's booked it in so needs the car. He also told me Lawdata would be calling me as returns etc are handled by them. I didn't receive a call but I did receive an email from Lawdata Ltd, They have stated that the car was driven by the dealer and it was fine and the fault has developed since purchase. That the dealer is going to have the car inspected. If it just requires a software update it wouldn't be grounds for rejection.

    So that's where I'm stumped, who is Lawdata? Why do they have the right to stop me rejecting the car? I've done everything by the book as far as I can tell, I'm not sure how I should respond to Lawdata? If I let the dealer collect the car am I allowing him to fix it? If anyone can help please I would be very grateful as I'm not sure what to do next.
    Tags: None

  • #2
    Was this a consumer purchase? If it was then you should be using the Consumer Rights Act 2015 instead of SOG. This gives you 30 days of absolute rejection. There is no right of repair for this period and the fault is assumed to have been present when purchased. You are entitled to a refund of the price paid, including the pex. Is this on a credit agreement?

    https://www.legislation.gov.uk/ukpga...ntents/enacted

    https://www.which.co.uk/consumer-rig...pping%20rights.

    Comment


    • #3
      Hi Ostell, thanks for taking the time to reply.

      Sorry, yes it a consumer purchase. My mistake on the terminology I should of said Consumer Rights Act 2015.
      No the car was purchased outright, 500 on Credit Card and the balance by Debit Card plus my Trade-in.

      Do you know if Lawdata are right about the "Fault occurring after purchase" statement?

      Comment


      • #4
        If you exercise your short term right to reject in the first thirty days you, the consumer, have to prove the fault was present at the time of delivery.
        If you exercise your final right to reject in the next 5 months it is deemed that the fault was present at the time of delivery.

        Under the circumstances I would be inclined to let him try and remedy the fault.
        If he succeeds all well and good
        If the repair fails you still have the right to reject.

        If you intend to proceed with the rejection you will need to pay for an independent report showing the fault was present at the time of delivery.

        Comment


        • #5
          However the dealer has admitted (?) that there is a problem by offering to fix the software.

          Comment


          • #6
            Originally posted by des8 View Post
            If you exercise your short term right to reject in the first thirty days you, the consumer, have to prove the fault was present at the time of delivery.
            If you exercise your final right to reject in the next 5 months it is deemed that the fault was present at the time of delivery.

            Under the circumstances I would be inclined to let him try and remedy the fault.
            If he succeeds all well and good
            If the repair fails you still have the right to reject.

            If you intend to proceed with the rejection you will need to pay for an independent report showing the fault was present at the time of delivery.
            I'm inclined to agree that I should allow him to repair it, I just don't want to weaken my position should it fail again. With the way he's reacted I wouldn't be surprised if he refused to do anything once the 30 days are up. I suppose there's always a Section 75 claim, that's if the CC company doesn't see a problem.

            Comment


            • #7
              Originally posted by ostell View Post
              However the dealer has admitted (?) that there is a problem by offering to fix the software.
              He's definitely said that the fault is likely to be a software issue and he's booked it into a Main Dealer garage to diagnose and fix.

              Comment


              • #8
                There might be a problem now, but was it there when the car was delivered?

                If the fault recurs it means that the car was not returned to a satisfactory condition.
                The clock is stopped when the dealer is advised of the problem and only restarts when it is delivered back in a satisfactory condition so your rejection rights remain.

                Comment


                • #9
                  Originally posted by des8 View Post
                  There might be a problem now, but was it there when the car was delivered?

                  If the fault recurs it means that the car was not returned to a satisfactory condition.
                  The clock is stopped when the dealer is advised of the problem and only restarts when it is delivered back in a satisfactory condition so your rejection rights remain.
                  Thanks DES8, I'm going to at least let him try to fix the issue then. It's not like I've anything to lose by doing so, especially because the clock stopped on the 8th Jan.

                  Comment

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