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Car refund and loss of bargain

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  • Car refund and loss of bargain

    Hi everyone, I’ll try to keep this brief but it might be long so that I don’t miss anything!

    In June 2021 we purchased a car for £14000 from an independent, well established garage. It’s a Mercedes b class which had 13000 miles on it if relevant.

    in September 2021 the engine warning light came on. Initially the dealer didn’t want to know, but eventually when pushed agreed to look at it.

    the car has now been with them for a month and despite replacing the dpf, the turbo and exhaust the car still struggles to get to 3000rpm and the engine management light is still on.

    the dealer has booked it in to Mercedes in the town they are based but not until 26th October

    They have said that when it gets to Mercedes, if the cost is too high for them they will just refund the car.

    ideally we wanted the car repairing and returning to us but this looks increasingly unlikely, and I get the impression the dealer just wants to refund us and send the car to auction.



    we have found an alternative car elsewhere, different model etc but will probably buy it tomorrow and instruct the dealer to refund the one we bought from them. They have offered to refund several times which is why I get the impression they are keen to get rid of us/it.


    if I were to replace the car like for like, the closest I can find anywhere in the U.K. is £4000 more expensive, on a 6 month older player, different colour (guessing not a factor legally?) but same spec and mileage the same almost to the mile.

    could I claim loss of bargain from them for the difference in cost of these 2 vehicles?

    also I have incurred significant expenses, it’s my wife’s car that she uses for a commute of approx 35 miles each way, I am waking at 6am every day, taking her to work, returning home, going to work myself then returning 35 miles to pick her up and 35 miles home, so 140 miles per day wasted at my expense in a much thirstier car. We are also having to put the kids into childcare from 7am to do this, again at our expense.

    dealer flatly refused to supply a hire car/courtesy car

    the car has a private number plate which will cost circa £80 to swap, the insurer wants £35 as an amendment fee to change cars mid policy, and I bought £56 worth of parts for the car which were missing from it when I bought it (tie down eyelets for the boot, I have the invoice from Mercedes for these)

    would I be within my rights to claim all the costs I have incurred from them?


    and also the loss of bargain? I must stress I am not buying an identical car but if it had been available fro the same or similar price, I would have done so

    id appreciate any help and am grateful to the help here, sorry if I’ve missed anything/added too much!
    Tags: None

  • #2


    Your lucky having a dealer whose prepared to refund without question!

    Loss of bargain .... you haven't missed out on anything just because you can't find a replacement at the same price.

    What you do have is a possible claim for damages following breach of contract
    Your damages are all the extra costs you have incurred that flowed directly from the breach ie the supply of an unsatisfactory vehicle
    You do however have to minimise your losses as far as is reasonably possible, so eg could your wife not have travelled to & from work some other way, perhaps public transport.
    If you were to initiate a court claim that is the sort of question that would be raised

    Comment


    • #3
      Hi, thanks for your reply.

      I would have thought loss of bargain was likely to be valid so surprised I’m wrong but appreciate your input, surely as I can’t buy the same/similair for the same price I’d have a claim? I thought that’s exactly what the loss of bargain rule is for?

      we have definitely minimised losses, public transport not an option as we live in a very rural area and the journey by busses would be 2+ hours each way and not much cheaper than the fuel cost.

      could I claim the fuel cost based on actual cost of fuel used or at the standard hard rate of 45p per mile for example?

      Comment


      • #4
        It is only my opinion that you would have difficulty proving loss of bargain damages, others might disagree!

        Regarding travel costs you should calculate how much it actually cost you and then deduct the amount it would have cost your wife normally (which leads to the question what happened to the car your wife used to drive?).
        In claiming damages you need to remain reasonable and be able to justify them

        Comment

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