Faults on car

[Bomber99]

Hi all hope you are all keeping well in these uncertain times.
After a little more advice please.
My daughters car is still with the dealership being repaired. It has now been with them for 3 weeks and after recent emails looks like it is not coming back at any time soon. As my daughter is a key worker ie a senior care worker in a nursing home and also had a child who needs regular medical check up due to mental health issues she relies heavily on a car. Due to not having the car she is now using taxis or public transport to get to work and her child’s meetings. We emailed the dealership yesterday asking if the could (1) supply a courtesy car or (2) assist with the taxi fares or (3) assist with the cost of hiring a car. There reply to question one was they are not obliged to provide a courtesy car and did not respond to requests two and three.
So my obvious question are they in any way legally obligated to assist with these costs.
As from previous emails I understand the repair work is costing them a considerable amount of money in the region of £1500 - £2000 but it is also costing my daughter a considerable amount of extra money on taxi and public transport fares which in turn makes the cost of the car that much more expensive overall through no fault of her own. If the dealership had done the proper checks on the car before they sold it to her and delivered it then the issues she had from day one would have been spotted. It certainly seems they knew there was issues with the car but were hoping the faults would not show for a considerable time therefore removing there responsibility to do any repair work.
bomber99

[des8]

CRA 2015 sec 23 (2):
(If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer,

CRA 2015 sec 19 (11)

Those other remedies include any of the following that is open to the consumer in the circumstances—

(a)claiming damages;


So as she might argue that her additional expenses are damages flowing from the failure to supply satisfactory goods and not repairing them "within a reasonable time and without significant inconvenience to the consumer," (CRA 2015 sec 23 (2) (a)

That last phrase could also be interpreted to say they should produce a courtesy car or face the additional costs

Point this out to the dealership and tell them to get their finger out or face an additional claim

Keep record and receipts for all extra costs incurred

[Bomber99]

Thank you DES8
will contact them today with this advice
Will keep you updated
bomber99

[Bomber99]

Hi DES8
my daughter has just had an email off the car company saying the car is ready to be collected. They seem to think it is our responsibility to collect the car now it’s repaired.
Can they demand we collect the car or is it there responsibility to deliver it back to us
many thanks
bomber99

[Bomber99]

Can I also ask can they just keep the car and refund the money paid or does my daughter have to agree on a refund.
we seem to get the impression now they have repaired the car they would prefer to keep it and try to sell it on for more money in the hope of cover the costs they have spent on repairing the car

[des8]

Your daughter purchased the car, so it is not theirs to keep.
If they try that, it is theft and a criminal offence.

They might try and claim a lien on it, but as she owes them nothing their retention of it would still be unlawful.

CRA 2015 sec23 (2), in the case of the consumer agreeing a repair, mandates the trader is responsible for "postage".
In this case the dealer should return the vehicle at no cost to your daughter.

How much would it cost to collect?
The amount could be added to her claim for damages if the dealership refuses to reimburse her.

[Bomber99]

Hi DES8

just asking where we stand with the car at present.
So we have picked the car up from the trader.200 miles into the journey home and the car has broken down again. It has gone into restricted performance again. So basically the same problem as before and obviously not been rectified. If we get it back home are they liable to collect it and give a full refund

[des8]

yes ,as they failed to restore the vehicle to a satisfactory condition.
Also claim your damages

Trust you get home safely

[Bomber99]

Hi DES8
Thank you for your response and your thoughts for our safety. I must say it is not an experience I would like to go through again as when the car went into limp mode we was travelling on the M1and there was no hard shoulder to pull over onto, so you can imagine the horror when looking in the mirrors and seeing speeding up towards your backend. A few near misses and new pants required

The recovery guy was absolutely brilliant and pointed out other issues with the car that would need to be dealt with. I don’t think he was very impressed with the state of the car that it had been handed over to us in. (a long discussion with the problems we have had with the car and garage)

But the most concerning one was where they had had to remove the under plate to carry out some of the repairs, When reattaching the plate they had actually FORGOT to replaced two of the four nuts that hold the plate on. This could quite easily have fallen off causing a potential accident to either us or other road users.
The recovery guy was good enough to video the faults with the car that could be seen and sent it over via email to my daughter.

When we contacted the garge yesterday in amongst all the mayhem, they said the managers would have to have a meeting on how to resolve the matter.

In the mean time today, we will be sending them a very heartwarming email regarding yesterday’s events.
once again thank you for your kind and comforting thoughts DES8

bomber99

[des8]

Glad to hear you returned home safely.

i doubt you'll give them the benefit of the doubt and any more attempts to "resolve the matter"

[Bomber99]

Hi DES8
I think we have now given them plenty of opportunities to resolve the matter and with all the evidence we have we feel we can now ask for a full refund for the car and our damages.

The only problem I can see is in the contract it states if the car is returned to them for a refund they will charge a cost for the mileage the car has done since the sale. I think it’s around £1.40 per mile. But we will have to wait and see if they act on this part of the contract.

will keep you updated

bomber99

[des8]

That contract does not defeat your daughter's statutory rights as per CRA 2015.

The trader was advised of the unsatisfactory condition of the car within 30 days of delivery to your daughter.
At that point the thirty day right to reject the vehicle as unsatisfactory is stopped, only to be restarted when the vehicle is delivered back to your daughter in a satisfactory condition.
Your daughter's right to short term rejection is therefore still available to her, and it mandates a full return of all monies paid in the same manner as they were paid (in this case refund to debit card)

Regarding the charge for mileage covered, CRA 2015 does allow for a usage charge if the rejection is outside the initial 30 day period. That does not apply in this case, and anyway is typically set at between 10 & 15 p. per mile by the courts.

[Bomber99]

Hello DES8
Just a bit of an update. My daughter has decided to reject the car due to the circumstances as mentioned before.
She has compiled an email to send to them today and would appreciate it if you could give it the once over.
I have also attached the recovery engineers report which confirms our case regarding the poor safety condition that the car was given back to her.
your assistance has been much appreciated.
Ps she has forwarded the breakdown engineers report to the dealer.
Dear ......
After my last email to you yesterday 19/09/2021 ..... and I have decided that we have lost all trust, not only in the vehicle but also in the company and particularly the manager.
We are of the opinion after the repair work was carried out, the car was handed back to us in a far worse condition than it came back up to you in.
We also believe that looking back over the past incidents and the condition of the car on collection, ...... could have had or been involved in a serious accident as mentioned in our previous email.
We therefore ask that you refund all our monies paid for the car, plus all our damages that flow from the breakdown of the vehicle. This will put us back into a position as if we had not brought the car. It will also save you any further cost regarding this matter ie, us having to hire a car, legal costs etc.
I have broken down the costs and damages as shown below.
(1) cost of car £7650 paid by debt card.
(2) delivery charge £250 paid in cash.
(3) fuel put into car for the return journey after collecting vehicle £78.69 paid by credit card
( please note there is a considerable amount of fuel left in the vehicle)
(3) costs of my assistant in bring me up to collect the vehicle £150 paid by BACS
(4) refilling the air con system £55 paid in cash cash
(5) full diagnostic test of the air con system £120 paid in cash
(6) taxi fares from 13/09/2021 - 19-09-2021 £87 paid in cash
Total = £8390.69
Please note items (4)& (5) were requested by Dealer
Item (3) was paid out due to Dealer refusal to deliver the vehicle after repair.
We feel items (1) and (2) should be refunded immediately to assist us in getting a new vehicle.
If you disagree with any of the extra costs we incurred items (3) to (6) then we are willing to sort these through mediation or court action.
We note that on your web site you mention you abide by the consumer rights act 2015 and would therefore like to point out sec 23 (1) & (2) (b) of the act when considering part(3) of my damages.
As you have been made aware on several occasions I need a car for work purposes and taking my children to hospital appointments, In particularly one child who suffers with autism along with other serious medical conditions.
Therefore give you notice that I will be taking two days holiday leave from my place of work to look for another car.
This will be at no cost to Dealer.
If I have not purchased another car by Saturday 25/09/2021 when my next working shift pattern begins I will be left with no other option but to hire a vehicle.
If the present situation with the car is not resolved by then I feel I would have no other option but to add these costs to the damaged I have already incurred.
I do look forward to you reply and hopefully resolve this matter as quickly as possible.
Yours sincerely
.......
Address; .....
Phone Number; ......
Email; ....

[des8]

I wouldn't send such an involved letter.
mine would be headed "letter before Action" and along the lines of

On dd/m i purchased from you a car, make, model registration number for £xx.
On dd/mm I advised you that due to certain faults it was not satisfactory
I agreed the vehicle could be brought to a satisfactory standard, but this you have failed to do as on 18/o9 on collection from your premises the vehicle continued to exhibit problems.
Accordingly, as per my rights as bestowed by the Consumer Rights Act 2015 I an exercising my short term right to reject the vehicle.
I require you collect the vehicle and return to me the purchase price of £xx
I also require reimbursement of all my costs caused by your breach of contract.
These include, but are not exclusive:....
.(as per your list)

If you fail to comply within the next 14 days I will initiate court action without further reference to yourselves.
Yrs ffly

[Bomber99]

Thank you DES8
Much appreciated

Where would we stand on hiring a vehicle from this Saturday if this has not been resolved. Would we have a good case to add the costs to the damages

many thanks
Bomber99