Faulty used car, undriveable.

[des8]

Why not? Especially as he is claiming something he is not!

[AlexV]

Why not? Especially as he is claiming something he is not!

Not sure if I understood you correctly, you asked me to check if he is indeed registered with TS, I checked the website and I can't find his details over there. Also, on 23rd of august I emailed him the following:
"Dear sir,
I bought a BMW 7 series with registration plate XXXX from you on 28/07/2021. I paid 25500 pounds.
I now find the car has the following fault:
The air suspension does not work as intended and I get the following error "Chassis function restricted. Visit your service". I have also sent you a video and a photo in the previous email and text message proving my problem.
Under the Consumer Rights Act 2015 goods you supply must be fit for purpose, I request that you give me a full refund or repair at your cost. I have enclosed a copy of the receipt in support of my claim.
Please respond within 14 days of receiving this letter. Kind regards"
This is the letter that citizens advice told me to send, as it's been a month since then, do I send him another similar letter?

[des8]

I did not ask you to check if he was registered with TS, but asked if you had checked!
If peeps make a claim about membership of this or that, or about their qualifications, I generally check it out as it gives a clue about their honesty or lack of it.
I would ask CAB to take the complaint forward, and add to it that he is claiming to be a TS approved trader but appears not to be listed.

That letter written on 23rd August is not the best as it rejects the vehicle (ask for a refund) and also asks for a repair. (However it does preserve your short term right to reject)
Now the Act is clear that you cannot reject and ask for a repair (CRA 2019 26 (6) so IMO you need to write to him and give him a deadline to repair the vehicle.
Tell him that If he doesn't meet that deadline, as of that date you are exercising your short term right to reject the vehicle and require a refund
via bank transfer, as he has had a reasonable time and it is causing you inconvenience.

A reasonable time for repair and what is significant inconvenience is determined taking into account of the nature and purpose of the goods
If necessary that will be determined by the court (if it goes that far)

Your reason for rejecting is breach of the implied terms of the contract in that the vehicle is unsatisfactory and not fit for purpose

[AlexV]

I did not ask you to check if he was registered with TS, but asked if you had checked!
If peeps make a claim about membership of this or that, or about their qualifications, I generally check it out as it gives a clue about their honesty or lack of it.
I would ask CAB to take the complaint forward, and add to it that he is claiming to be a TS approved trader but appears not to be listed.

That letter written on 23rd August is not the best as it rejects the vehicle (ask for a refund) and also asks for a repair. (However it does preserve your short term right to reject)
Now the Act is clear that you cannot reject and ask for a repair (CRA 2019 26 (6) so IMO you need to write to him and give him a deadline to repair the vehicle.
Tell him that If he doesn't meet that deadline, as of that date you are exercising your short term right to reject the vehicle and require a refund
via bank transfer, as he has had a reasonable time and it is causing you inconvenience.

A reasonable time for repair and what is significant inconvenience is determined taking into account of the nature and purpose of the goods
If necessary that will be determined by the court (if it goes that far)

Your reason for rejecting is breach of the implied terms of the contract in that the vehicle is unsatisfactory and not fit for purpose

Des, I wish I could buy you a pint, you're doing a nice work here, thank you so much for taking your time and help with my situation. I will write a letter and send him an email also, I will also call CAB tomorrow and tell them it's ok to go forward with reporting him to TS. I hope he will come to his senses and understand my frustration, all of this could have been avoided if he just agreed to let me have a rental car at his expense, the guy has 2-3 million pounds worth of cars on sale, and he is the business owner also. As he is a RAC garage do you think it's worth calling them and report my situation?

[des8]

Wouldn't bother with RAC, They will only be another group who put their oar in and give the dealer more reason not to act.

[AlexV]

des8 Hey, gonna bother you a bit more, I emailed him with a deadline and I will post a letter tomorrow, he did replied to the email straight away saying that I did not actually give him any chance to repair the vehicle because I did not deliver it to him, to which I replied that he was aware that I have trouble with the car for over a month and he is the one that instructed me to use any local garage that is VAT approved, and the warranty will cover all the cost, I also told him that I give him permission to come and collect the car and repair it in a timely manner, he did not respond anymore. If he will refuse to do so, and I want to take legal action, I suppose I cannot do it on the Small Claim Court can I?

[des8]

Of course it was for the dealer to deal with the problem at his own cost and with as litlle inconvenience to you as possible.
It was not necessary for you to deliver it to him unless that was agreed by you both.

If you do finish in court it is unlikely to be on the small claims track due to the value.
Fast track most likely, which can have cost implications if you should lose.
there are ways to fund legal help (see your solicitor) or perhaps you have legal expenses cover with your household insurance

[AlexV]

Of course it was for the dealer to deal with the problem at his own cost and with as litlle inconvenience to you as possible.
It was not necessary for you to deliver it to him unless that was agreed by you both.

If you do finish in court it is unlikely to be on the small claims track due to the value.
Fast track most likely, which can have cost implications if you should lose.
there are ways to fund legal help (see your solicitor) or perhaps you have legal expenses cover with your household insurance

Ok I see, thank you so much.

[AlexV]

So apparently he is a TS approved dealer, I did check again on CTSI Consumer Support & Advice (tradingstandards.uk) Does this change anything?

[des8]

No, he still has to comply with the statutes