Refund for faulty Van

[DaveSpeedy]

Thank you all for help.
I'll keep you updated thanks again

[DaveSpeedy]

Hello again
I have just received this email from the dealership

Dear xxxxxx
Thank you for your email, we are sorry to hear that you have experienced an issue with your vehicle. We are committed to finding a resolution with you but respectfully point out that you do not have the short term right to reject the vehicle as you are outside your 30 day window.

That having been said we are very keen to try and resolve whatever issue exists with your vehicle and we would suggest that the vehicle is taken to a third party garage for inspection with a view to a repair being carried out. We have spoken to Station Garage in East Boldon and they have agreed to inspect your vehicle as it may be that the water ingress you reference is emanating from the windscreen or even blocked drainage points. Station Garage have assured us that they will be able to resolve the issue and if the water ingress has caused damage to the radio/battery then we will of course replace these for you.



Please could you advise when you would like to take the vehicle to Station Garage and we will arrange an appointment. We will of course pay for any diagnostic and repairs that we may be liable for carried out by Station Garage.


Thank you
XxxxxxxxX

Can you please help me
kind regards
Davespeedy

[atticus]

After the 30 days you have the right not to reject but to repair or replacement. That is until 6 months after you took delivery.

It appears that the dealer understands this and is being cooperative.

[DaveSpeedy]

I've just realised that they say take it to a third party garage but they owned the said garage.
also
They were closed for two weeks over the Christmas period

[echat11]

Can you list in chronology of all events. The repair, when the car was collected, the dates the garage was closed etc.

a) Purchased car on XX/XX/XX
b)
c)

[DaveSpeedy]

a) 27/11/23
Van delivered but not used as tax and insurance didn't start until 01/12/23.

b) 02/12/23
Went to use the van and noticed that water was dripping from the roof and running down the windscreen. This was around 17:30hrs so I couldn't contact the dealership.

c) 04/12/23
Took the van to the dealership, I asked for a refund but settled for the repair. The van was booked in for the Thursday.

d) 07/12/23
Van was dropped off at the dealership for repair.

e)
11/12/23 I was contacted by the dealership to pick up the van.

f) 18/12/23
Went to use the van but water had been coming in again and had flattened the battery, I phoned the dealership but no answer. I removed the radio and charged up the battery

g) 19/12/23
I took the van to the dealership but the dealership was closed and remembered that the owner and staff member had said that they closed down for two weeks over the Christmas period.

h) 02/01/24
I went down to the dealership and informed them of the problems and asked for a refund, I was informed by the manager that they would have to book the van in for an inspection as the garage manager was off on the day it was repaired, I said that's fine but I want a refund. She then said she would contact me same day to get it booked in.

The dealership contact me saying that the van was booked in for Monday 08/01/24 and that I wasn't entitled to a refund

03/01/24 rejection letter sent by recorded delivery to dealership and emailed.

04/01/24
Email received from dealership.

[echat11]

O.K. is the Dealership a member of any bodies or associations?

You've definitely got a case for a refund as they were closed for 2 weeks, how do they expect you to inform them of the repeat fault, if they were closed for Christmas?

Did you leave a message on their answerphone? if they have one. Letter through their letterbox?

[Pezza54]

You may need to refer the dealer to CRA Section 22 (6), (7)(b), (8)(a) and (b)

22 (6) defines waiting period
22 (7)(b) is used to work out the new extended date for the end of the short term rejection period
22 (8)(a) the start of the waiting period. In your case 4 December when you notified the dealer about the leak
22 (8)(b) the end of the waiting period. In your case 11 December when you picked the van up after the dealer had attempted a repair.

The 30 day clock started running on 27 November when it was delivered, stopped on 4 December and started again on 11 December until 3 January when you emailed your rejection letter.
By my calculation that is 30 calendar days so the 3 January is just within the short term right to reject.

[DaveSpeedy]

Hi everyone
I can find no affiliation to and bodies or associations.

I couldn't leave a message as the phone just rang off. I didn't think about leaving a letter ☹️.

[DaveSpeedy]

Hi everyone
I can find no affiliation to and bodies or associations.
I couldn't leave a message as the phone just rang off. I didn't think about leaving a letter ☹️.

[echat11]

Hi everyone
I can find no affiliation to and bodies or associations.
I couldn't leave a message as the phone just rang off. I didn't think about leaving a letter ☹️.

I'm not sure why you've posted the same post again, you've been given advice in post 23.

You need to read it carefully, then write a response to the dealer's email.

[DaveSpeedy]

I do apologise for the repeat posting I don't know what happened.
I have replied to the dealership and quoted the CRA as per your advice.
They have responded today saying that that doesn't cover me as it was a business to business transaction.
I'm in the process of sending a reply regarding this as I'm not a trader so the CRA quotes do cover me they are just trying it on.
I'm checking the CRA regarding the 30 day right to reject which they had previously quoted I was outside of, it see if this is different to a business, also I was asked twice about the use of the van by the director and I told them for personal use as I'm not a trader.
I do really appreciate all of you help and support and when and if this over and I have received my refund, I will send a donation to legal beagles if you can send me details of how this can be arranged
Thanking you all so

[Pezza54]

You need to show the dealer your insurance certificate which should state private use only or words to that effect

[echat11]

Are they on social media? Twitter X, Facebook, Trustpilot etc?

I'm not asking you to write anything, just interesting at this stage.

[Pezza54]

echat11 have you posted under the right thread?