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CRA 2015 - Used Car - Refund - LBA
Hiya!
two quick things: 1. My partner and I are both EU citizens, she with settled me with pre-settled status, and this is our first time purchasing a car in the UK through a dealer (previous car was bought from a friend). 2. We both have Adult ADHD, and so we are feeling a bit overwhelmed by all of this, and it can be hard to provide a cogent and digestible account of events.
I say these things to ask for your patience and understanding.
We bought a used car, and at 28 days after purchase we alerted our dealer to what seemed to be engine trouble. He said we could bring it in to him, but it might be a while, otherwise we should take it to a mechanic and have it serviced/inspected. We have a local mechanic we trust and is quick, they didn't do a service, just inspected the engine and found that the timing chain needed replaced and that likely there were more internal issues caused by or causing this problem, but they couldn't know more without charging more. They recommended we return the car.
We brought this info to our dealer, whom was adamant our mechanic was wrong. To the point where while test-driving the car himself we drove to our mechanic and we argued with them and called them liars and thieves. Suddenly he had a mechanic who could inspect the car ASAP. His mechanic found the EXACT SAME FAULT. At this point we asked for a full refund under our short term right to reject. But he claimed that since on that day it was after 30 days we no longer had that right. We thought we did, as the CRA accounts for such situations, or so I thought based on my attempt to read the legislation. However, in the spur of the moment, he was very aggressive with us and said even if he gave us a refund it would be less a £300 non-refundable deposit (which we never agreed or paid).
Needing a car ASAP, and being tight on funds, and under his pressure, we agreed to let him attempt to repair the car.
Over the weekend, another fault developed, the car was leaking coolant. We sent pictures.
Without asking if it was convenient for us, he moved our appointment for repair from Monday to Thursday. However, we needed a car Tuesday for work on-location through Thursday. We again asked for a refund, which he again refused.
Fast forward two weeks and we're still arguing with him over email.
He's shifted his reason for not providing us with a full refund to "it cost me £107 to advertise the car, and it cost me £105 to purchase the first part to repair your car, and it cost me transfer ownership of the car from me to you." These are his business expenses, which are not our problem and don't seem a reasonable reason to reduce our refund. Furthermore, I believe we are within our rights to request a FULL refund + expenses.
We've even offered to accept a reduced refund of £800, and not seek reimbursement for the mechanics bill of £60, losing £100 + £60. Which he's still rejected.
After stating that we would be sending a LBA (but now it seems that our emails stating as such would technically suffice) if an agreement wasn't found, he offered £700. We offered £750 in return, and he still refused.
At this point I don't give a damn anymore. We were able to scrounge together enough money to get another car, and we can wait him out at court.
I guess I'm writing to ask if the way I'm seeing the situation jives with your interpretation, and for advice on the LBA and the Claim itself. Or do you think we should take the £700 and be happy?
ANNNNNNNNY advice is much appreciated.
two quick things: 1. My partner and I are both EU citizens, she with settled me with pre-settled status, and this is our first time purchasing a car in the UK through a dealer (previous car was bought from a friend). 2. We both have Adult ADHD, and so we are feeling a bit overwhelmed by all of this, and it can be hard to provide a cogent and digestible account of events.
I say these things to ask for your patience and understanding.
We bought a used car, and at 28 days after purchase we alerted our dealer to what seemed to be engine trouble. He said we could bring it in to him, but it might be a while, otherwise we should take it to a mechanic and have it serviced/inspected. We have a local mechanic we trust and is quick, they didn't do a service, just inspected the engine and found that the timing chain needed replaced and that likely there were more internal issues caused by or causing this problem, but they couldn't know more without charging more. They recommended we return the car.
We brought this info to our dealer, whom was adamant our mechanic was wrong. To the point where while test-driving the car himself we drove to our mechanic and we argued with them and called them liars and thieves. Suddenly he had a mechanic who could inspect the car ASAP. His mechanic found the EXACT SAME FAULT. At this point we asked for a full refund under our short term right to reject. But he claimed that since on that day it was after 30 days we no longer had that right. We thought we did, as the CRA accounts for such situations, or so I thought based on my attempt to read the legislation. However, in the spur of the moment, he was very aggressive with us and said even if he gave us a refund it would be less a £300 non-refundable deposit (which we never agreed or paid).
Needing a car ASAP, and being tight on funds, and under his pressure, we agreed to let him attempt to repair the car.
Over the weekend, another fault developed, the car was leaking coolant. We sent pictures.
Without asking if it was convenient for us, he moved our appointment for repair from Monday to Thursday. However, we needed a car Tuesday for work on-location through Thursday. We again asked for a refund, which he again refused.
Fast forward two weeks and we're still arguing with him over email.
He's shifted his reason for not providing us with a full refund to "it cost me £107 to advertise the car, and it cost me £105 to purchase the first part to repair your car, and it cost me transfer ownership of the car from me to you." These are his business expenses, which are not our problem and don't seem a reasonable reason to reduce our refund. Furthermore, I believe we are within our rights to request a FULL refund + expenses.
We've even offered to accept a reduced refund of £800, and not seek reimbursement for the mechanics bill of £60, losing £100 + £60. Which he's still rejected.
After stating that we would be sending a LBA (but now it seems that our emails stating as such would technically suffice) if an agreement wasn't found, he offered £700. We offered £750 in return, and he still refused.
At this point I don't give a damn anymore. We were able to scrounge together enough money to get another car, and we can wait him out at court.
I guess I'm writing to ask if the way I'm seeing the situation jives with your interpretation, and for advice on the LBA and the Claim itself. Or do you think we should take the £700 and be happy?
ANNNNNNNNY advice is much appreciated.
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