dealership refuses to accept your rejection, Please help

[Pezza54]

CRA 24 (1)(b) states "to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount".
Accepting the 26p/mile deduction (Honest John considers 25p/mile to be fair)
Your refund should be the total amount paid, £14,225 less £10,171 (mileage deduction) = £4,054
You are effectively getting all the interest back that you paid over the 36 months which is right. Had the dealer/finance company accepted rejection within the 6 month period (which the ombudsman has decided should have happened), you would not have continued to pay interest

[Shadi]

PEZZA54 Your support has made all the difference.

There are no words that can truly express how much your support means to me. From the bottom of my heart,
There have been times when I've felt like giving up, like the challenges I was facing were too much to bear. and suddenly everything seemed a little bit brighter. Your support has made all the difference to me, giving me the strength and courage to face each new day with determination and optimism. Thank you for your support.

[Shadi]

Hi ,

Update!!!

The Motor Obdesman says ..
The final decision is the last stage of The Motor Ombudsman’s process.
If you accept it, then it becomes binding on all parties – which means you won’t be able to take your complaint to court and that you accept the decision in full and final resolution of your complaint.

If you reject the decision, then neither party is bound by it – meaning that you reserve your right to pursue this case in the courts. If you reject it and a gesture of goodwill has been made, the accredited business may withdraw this.

-So decided reject the decision and go to court.

Now I’ve spoken today to Santander finance company as on the 21/1/2024 my balloon payment is due.
So im waiting for phone call to arrange collection date.

I would like to know thoughts on this please!!

- So how? Is the court will calculate my refund from the dealership ??? As I’m giving the car back to Santander finance. Not RRG Car dealership.

And please is it a small court I need to go to and how ? I’ve never been this far.
i really appreciated and Thanks again

[Pezza54]

Have you got a date when you wrote to the dealer/finance company to reject the car. What was the date?

[Pezza54]

des8 Would OP's claim be against the finance company and the dealer under CCA 74 for breach of contract by the dealer (the supplier)?

[des8]

In your first post you mention a letter you sent the dealer soon after purchasing the vehicle.
In that letter you said you wanted to return the vehicle i.e. reject it.
So IMO you rejected the vehicle in the first thirty days and so were due a full refund of all monies paid.
However you then accepted repairs and the matter has just dragged on

Also besides being unsatisfactory the vehicle was misrepresented as it did not have a full service history as advertised

Regarding the motor ombudsman's calculations I would side with Pezza and agree the ombudsman has incorrectly calculated the refund due.
(The Financial Ombudsman tends to understand the finance options better)

I would claim against the Finance Company (sec75 CCA1974), but keep the claim to £10,000 to avoid the risk of adverse costs in the event of losing.

[Pezza54]

Thanks DES8
Under Section 20 in the Consumer Rights Act 2015 Explanatory Notes (legislation.gov.uk) clause 106 states that the consumer should treat the contract as at an end. By continuing to use the car could the OP have waived his rights to reject the car?

[des8]

IMO OP has not waived his rights to reject.
He initially rejected the car under short term right,(one of the reasons concerned faulty tracking) but gave the dealer 8 weeks in which to bring it to a satisfactory standard.

Unfortunately he did not enforce that right immediately, but allowed the dealer numerous attempts.
The vehicle has been in and out the repair shop like a yoyo and the tracking has still not been corrected.

The vehicle has never been brought to a satisfactory standard and so the original conditional short term rejection remains valid.

The consumer continued using the vehicle because the dealer kept returning it "repaired".

If it was me I would be going initially for a full refund following short term right to reject, but in the alternative a large refund to include damages.
This would take it out of small claims so as Shadi is a newbie he might want to either limit the claim to £10,000 or seek professional help

[Pezza54]

The average lifespan for a modern petrol car is 11-14 years or 200k miles. The motor ombudsman saying 100k miles is way out, unsurprisingly in the dealer's favour

[Pezza54]

The purchase price of the car, £20,357 / 178,682 miles = 11.4p/mile x 39,121 miles = £4,460 (deduction)
Total amount paid £14226 less deduction £4460 = £9766
Adding on the inspection report and tyres your claim would be over £10k and not allocated to the small claims track

[Shadi]

Hi , i Hope every one is doing well,I’m sorry for the delay in replying to your questions.


Pezza54
des8

Let me tell about how everything started. On 4th December 2020 my wife was involved in a car accident. She suffered with injuries in her back. We then decided to purchase the Peugeot. After a few months, my wife suffered a brain hemorrhage followed by four mini strokes. I took over dealing with sorting out this issue to prevent any more stress for my wife. She still struggles with stressful events.

Purchase date 21/12/20
23/12/ 20 Contact RRG over the phone complaint about :

⁃ Passenger wing mirror not electrically operating. Can’t drive the car, as the passenger mirror won’t fold back

⁃ car interior mood lighting not working.

I was told by the manager (who left 6 months ago) to bring the car to RRG Manchester for repairs. I asked if I could take it to my local Peugeot dealership since you're 200 miles away. The car is still covered by the manufacturer's warranty. He said that you must bring the car over to us.

I’ve called my local Peugeot dealership (Trenton). and I’ve asked them the said as long the car is under warranty you can take it anywhere you like.

So I managed to book an appointment with my local Peugeot (Trenton) on 21/1/21
Unfortunately, everything was delayed due to the COVID pandemic, new year, and bank holiday.

On 21/1 21 my local Peugeot (Trenton) They have performed a health check and found the following faults :

-Car mood led lights not working.
(Then being informed that it had been. disconnect for unknown reasons)

⁃ Driver door panel was removed previously as 1 securing clip was found broken.

⁃ Tracking of wheels and alligntment completely out.

Because is all above not covered by warranty I got charged £118. at my local Peugute (Trenton).

Despite a number of attempts and raising the issues with RRG I have been left insecure, bewildered and completely stressed out.

So yes I did ask to reject the car on the 6/2/21 but it was not in the 30 days because:

⁃ everything was delayed due to the COVID pandemic , New Year bank holiday.

⁃ RRG gave me incorrect information, such as saying I can't take it to another garage.

• 24/02/21 I’ve contact Peugeot Customer Care (PSA) and told them about rejection, and issue and experience with the car dealership RRG, unfortunately again, just got an email with the reference number, nothing else.
• I have accepted repairs above and the matter just dragged on.

[Pezza54]

Hi
very sorry to read about your wife. Hope she makes a full recovery soon.
Was the finance agreement in yours or your wife's name?
If you can, keep us up to date on what you decide to do and what actions you take.
Bear in mind a claim over £10k will be allocated to the fast claims track.

[Shadi]

Hi , I hope everyone is doing well. I’m sorry for the delay in replying to your questions.
I really appreciate your help.

Pezza54
des8

Yes, the finance agreement is in my wife's name.

Update:
As my balloon payment is due on 21/1/24
I’ve contacted the finance company and arranged the collection of the car on 31/1/24.

I need your advise please,

as I’m taking the case to court. What’s the first step I need to do please?
Do I need to write a Letter Before Action ?
Is there any templates I can use?
And what type of court I need to use ?

Thank you

[Pezza54]

The first step is to work out the value of your wife's claim. Use 150k miles in the ombudsman's formula to calculate the deduction. The claim should be under £10k and therefore allocated to the small claims track.
Your wife is the claimant, the finance company is the defendant and the dealer is the supplier
You can act as lay representative on behalf of your wife.
Consider the LBA template at http://www.which.co.uk/consumer-righ...ms-court-claim

[Pezza54]

In the which LBA letter template the "Suppliers address" in your case is the Defendant's (finance company) address.

Under documents you rely on you should include legislation; Consumer Credit Act 1974 and Consumer Regulations Act 2015 in addition to the other documents: finance agreement, invoices, bank statements, inspection report etc. Just list them in the LBA