Has the dealer breached the law and what can I do?

[trover]

The false information is referring to the salesperson’s claim that the gap between the headlights and the bumper had nothing to do with the bumper.

I tried my best to rewrite paragraphs 3 & 4 without losing the core message, would you have a look please?

Moreover, on 29 March, your representative claimed that the misalignment between the headlights and the bumper had nothing to do with the bumper. This is simply not true, and I only found out after purchase about a repair invoice involving refitting of the bumper and surrounding components.

His actions were misleading as it contained false information and the way he presented information to me was deceptive; and his failure to disclose the fact that the vehicle was involved in an accident and repaired, which caused me to take an informed transactional decision I would not have taken otherwise, may be an offence under Regulation 5, 6, 9 and 10 of the Consumer Protection from Unfair Trading Regulations 2008.

Pezza54 I’m unable to quote your post on mobile browser, so just tag you instead.

[Pezza54]

That's much improved

[trover]

That's much improved

I’’ve sent the letter to their head office and via email. I’m 3 days into the 14 days period. Is there anything I should do apart from waiting for 14 days when they may or may not respond?

[Pezza54]

Best to wait and hope the dealer offers a settlement you can accept

[trover]

Best to wait and hope the dealer offers a settlement you can accept

Great news! And thank you so much for your help throughout! The dealer has agreed to give a full refund and will collect the car. The next step after receiving the refund I guess is to recover damages. I have thought of the costs below:
1 Pro-rata road tax
2 Insurance - costs to switch to the faulty car and back to my original car
3 Non refundable breakdown cover
4 [The faulty car; fuel only] One return trip for diagnosis at 15p/mile
5 [The faulty car; fuel only] One way drive away on day of purchase at 15p/mile
6 [Family’s car; fuel+insurance+depreciation+etc.] Two return trips, one for purchase of the faulty car, another for diagnosis of the faulty car, at 45p/mile

Are these items reasonable, or is there a better way to estimate? I doubt I could but wish to confirm, can I recover the loss of time as well?

Do I send a normal email to seek reimbursement, or send a LBA straightaway, after receiving full refund for the car?

[Pezza54]

Good news. Hope the dealer is true to his word Hold back regarding your claim for loss and expense. The dealer might make his offer of a full refund subject to you signing an agreement that the refund is in full and final settlement

[Pezza54]

If you are not prevented from making a claim for damages, you should read CRA Section 19 (9) and (10) and Explanatory Note 93

A consumer who exercises their short-term right to reject and receives a refund may also claim damages.

[trover]

If you are not prevented from making a claim for damages, you should read CRA Section 19 (9) and (10) and Explanatory Note 93

A consumer who exercises their short-term right to reject and receives a refund may also claim damages.

Thanks for that. I’ve received the refund in full. I’ve drafted a LBA after reading a few of posts and templates, would you mind going through and see if it’s acceptable? Thanks.

20 April 2023

Letter Before Claim

Dear Sir / Madam,

Amount due: £329.85

I am writing in relation to a breach of contract by [dealer’s name]. I may commence legal proceedings against [dealer’s name] if the amount due remains unpaid.

On 29 March, I purchased and collected the vehicle XX19YYY from you. On 3 April, I discovered that it was not of satisfactory quality; the bonnet and the front grill were misaligned, and the front parking sensors were faulty. On the same day, I made a phone call to 0xxx xxxxxxx and reported the faults. On 5 April, an appointment was made for 8 April to diagnose the vehicle. On 8 April, the vehicle was taken to your Manchester branch for diagnosis. On the same day, you confirmed that in order to repair the vehicle, the ‘front complete radiator panel assembly’ and ‘top cover for bonnet handle assembly’ have to be replaced. On 12 April, I sent you a ‘Vehicle Rejection Notice’ informing you of my rejection of the vehicle. On 18 April, you accepted my rejection. On the same day, your representative collected the vehicle from my address.

Section 9 of the Consumer Rights Act 2015 requires dealers to supply goods that are of satisfactory quality. However, the vehicle is clearly not of satisfactory quality. You are, therefore, in breach of contract. I am entitled to recover damages resulted from your breach of contract under section 19(9)(a), (10)(a) and (11)(a) of the Act.

The items are detailed below:

1. Pro-rata road tax — £30 (at £180 per year; 2 months, March and April)

2. Amendments to my insurance policy — £51.75 (2a minus 2b)
2a. Cost generated by amending to cover the vehicle XX19YYY — £329.55 (including an admin fee of £12 charged by the insurer)
2b. Refund generated by reverting coverage back to my original vehicle — £277.80 (including an admin fee of £12 charged by the insurer)

3. Non-refundable roadside recovery cover for the vehicle XX19YYY — £38.85

4. Fuel costs in relation to the operation of the vehicle XX19YYY — £29.70 (4a plus 4b; at £0.15 per mile, referring to the ‘advisory fuel rate’ recommended by the HMRC https://www.gov.uk/guidance/advisory-fuel-rates)
4a. On 29 March a single trip from your Manchester branch to my address — £9.90 (£0.15 x 66 miles = £9.90)
4b. On 8 April a return trip between my address and your Manchester branch, for the diagnosis of the vehicle XX19YYY — £19.80 (£0.15 x 66 miles x 2 = £19.80)

5. Usage and depreciation of my own vehicle; 3 return trips between my address and your Manchester branch — £178.20 (5a plus 5b; at £0.45 per mile, referring to the ‘business travel mileage’ recommended by the HMRC https://www.gov.uk/expenses-and-bene.../rules-for-tax)
5a. On 29 March for the purchase and collection of the vehicle XX19YYY — £59.40 (£0.45 x 66 miles x 2 = £59.40)
5b. On 8 April for the diagnosis of the vehicle XX19YYY, so that I would not be stranded at your branch during the diagnosis of the vehicle XX19YYY — £118.80 (£0.45 x 66 miles x 4 = £118.80)

6. 1st class stamp used to serve the ‘Vehicle Rejection Notice’ dated 12 April to you — £1.35

This letter before claim has been sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the Civil Procedure Rules. I draw your attention specifically to the paragraphs 13-16 of the Practice Direction concerning the Courts' powers to impose sanctions for failure to comply with the Practice Direction.

If I do not receive payment of £329.85 from you within 14 days of the date of this letter, legal proceedings may be commenced against you without further notice. Should legal proceedings be required, an application will be made to recover legal costs and court fees from you, in addition to the amount due. Payment can be made by sending a cheque made payable to Trover to the address below:

[my address]

Yours sincerely
Trover

[Pezza54]

I would use the word "intend" instead of "may" in the first paragraph
You should shorten the second paragraph. No need to state the problems with the car and what happened in detail. Just say your company accepted my request to reject the car because the car was found to be unsatisfactory quality due to the undisclosed accident damage
You have not mentioned ADR, mediation
Is the dealer affiliated with the motor ombudsman? This would be a quicker process than a court claim which can take 1 year or more. If the dealer is affiliated you could write about the possibility of referral to this organisation

[trover]

I would use the word "intend" instead of "may" in the first paragraph
You should shorten the second paragraph. No need to state the problems with the car and what happened in detail. Just say your company accepted my request to reject the car because the car was found to be unsatisfactory quality due to the undisclosed accident damage
You have not mentioned ADR, mediation
Is the dealer affiliated with the motor ombudsman? This would be a quicker process than a court claim which can take 1 year or more. If the dealer is affiliated you could write about the possibility of referral to this organisation

Thanks for your swift response, unfortunately it’s not a member of the motor ombudsman. I’ve added a sentence to satisfy the requirement for ADR consideration.

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the Courts. This letter before claim has been sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the Civil Procedure Rules. I draw your attention specifically to the paragraphs 13-16 of the Practice Direction concerning the Courts' powers to impose sanctions for failure to comply with the Practice Direction.

I’d like to confirm one more thing — is loss of time usually not recoverable, as I’m obliged to mitigate losses, so personal time should be spent to handle the matter? Many thanks!

[Pezza54]

Loss of earnings may be recoverable if the claimant can prove the loss was a direct consequence of the breach of contract. Personal time taken to write emails etc is not recoverable on the small claims track

[trover]

Loss of earnings may be recoverable if the claimant can prove the loss was a direct consequence of the breach of contract. Personal time taken to write emails etc is not recoverable on the small claims track

That makes sense to me. Do I need to print out evidence for the items listed and send them with the LBA together by 1st class mail?

[trover]

I sent the LBA to their head office, as well as via email. I received the following response from the branch’s manager:

Thank you for your email below – I am unsure why the below was not discussed in your original rejection request as this could have been addressed at that point, it was never stated in any of my correspondence with yourself that the rejection was completed due to undisclosed accident damage, a fault was presented within 30 days of owning the vehicle and a return was aggreed.
In regards of your request for refund we would not look to offer a refund of the fuel mileage used or the depreciation on your own vehicle – if you could please provide the following to be considered

1: - Proof of payment of 2 months of tax
2: - Proof of payment and adjustments to insurance
3: - Proof of non refundable roadside recovery

How should I proceed? Thanks

[Pezza54]

You should provide the proof the dealer has requested.
IMO it's not worth making a court claim for the outstanding amount. There is no certainty that the judge would accept a rate of £0.45 per mile. You could try working out the number of litres of fuel used and claim that. If you have a petrol receipt send that

[trover]

You should provide the proof the dealer has requested.
IMO it's not worth making a court claim for the outstanding amount. There is no certainty that the judge would accept a rate of £0.45 per mile. You could try working out the number of litres of fuel used and claim that. If you have a petrol receipt send that

Thanks for your prompt response. I was looking for some information, sorry for getting back to you late.

As far as I understand, Part 36 offers don't apply to my case, as it'll likely be allocated to the small claims track. That means I'm not exposed to the risk of having to pay the defendant's costs. Do you mean it’s not worth the time and hassle?

If this ends up in court, and the court doesn't agree with 45p, will I still be able to recover the amount the court finds suitable, say at 20p per mile? As the use of my own car really cost me some money, and they're now offering £0 for it, wouldn't it be a sure win?

Do I need to pay attention to her claim of “it was never stated in any of my correspondence with yourself that the rejection was completed due to undisclosed accident damage, a fault was presented within 30 days of owning the vehicle and a return was agreed”?

The manager didn't ask for any proof for the costs related to the use of the faulty car. Are they refusing it? In my response, should I ask for clarification on the total amount they're willing to offer? Cheers