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

[trover]

Hi I’m new to here. I recently purchased a used car and have encountered some issues. I would greatly appreciate it if anyone could shed some light on them.

I purchased the car from a dealer. The front parking sensors make noise when they shouldn't, and sometimes don't work when they should. I also noticed a huge gap between the bonnet and the front grill (as if the latch to open the bonnet has been pulled). This is very noticeable when comparing it to photos of the same model and others parked in supermarket car parks.

When I looked at the service records of the vehicle, I found an invoice for a repair involving the front bumper, parking sensors (and basically all components incorporated into the front bumper), and wheelhouse shell. The repair was paid for by the previous owner's insurance, which proves that the vehicle had a front-end collision before and was repaired (perhaps poorly).

After doing some research, I believe I'm covered by consumer protection legislation. The Consumer Rights Act 2015 requires vehicles to be of satisfactory quality, fit for purpose, and as described. Otherwise, I have the right to reject the vehicle within 30 days. The burden of proof is on me to show that the fault existed at the time of purchase. However, I'm unsure if faulty parking sensors and a misaligned bumper/bonnet hood are serious enough to justify a rejection. Does the invoice suffice as proof that previous repairs were not up to standard?

Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 states that it is an offense (misleading omission) to omit material information that could affect my purchase decision. In my case, the dealer sold me the vehicle without informing me of its prior accident and repair history, even though they were aware of it. If I had known the vehicle was damaged and repaired, I would have walked away and found another car.

Although the car wasn't written off, it was clearly not a minor repair, such as respraying stone chips or repairing a scratch. The vehicle is 5 years old, and I'm concerned about other hidden issues, such as structural damage. Unfortunately, I’m unable to inspect behind the bumper myself.

I haven't contacted the dealer yet, as this is the first time I've encountered such a situation, and I want to make sure I don't take the wrong steps. While the dealer may rectify the parking sensor issue, I anticipate that they will deny repairing the front grill/bumper misalignment, dismissing it as merely 'cosmetic.' Do I have the option to a refund or a repair? How should I proceed? Any suggestions would be much appreciated.

[trover]

Great news, thanks for the update
An email to the court will suffice. It is only a very small claim so any court order regarding legal costs does not apply
Just make sure you receive the money from the dealer before you send the email to the court and a copy of the email to the dealer

Thanks for the swift response. I will do that when the payment has cleared.

[Pezza54]

Great news, thanks for the update
An email to the court will suffice. It is only a very small claim so any court order regarding legal costs does not apply
Just make sure you receive the money from the dealer before you send the email to the court and a copy of the email to the dealer

[trover]

Pezza54 I have some great news. After the defendant rejected my claim, the case was sent to my local court. The defendant then emailed me and decided to settle the case, paying me the remaining amount. I am going to accept it as the full and final settlement.

I called my local court and was told that an email notifying the court regarding the settlement would suffice. However, I am aware of the existence of the N279 form. How should I notify the court, and is there anything I should pay attention to when accepting settlement? Thanks.

[trover]

Yes MCOL
Provide brief details of your PoC and tick the box full PoC to be forwarded. Send the full PoC to the defendant within 14 days. No need to file a copy with the Production Centre. It should be sent to the allocated county court within 5 days of you receiving the allocation notice, which can be several months into the process.

Thanks, I will look in detail this evening. If I file the claim today and the next day the payment turns up, will I be able to get my court fee back?

[Pezza54]

Yes MCOL
Provide brief details of your PoC and tick the box full PoC to be forwarded. Send the full PoC to the defendant within 14 days. No need to file a copy with the Production Centre. It should be sent to the allocated county court within 5 days of you receiving the allocation notice, which can be several months into the process.

[trover]

Did you send the proof the dealer requested in post #43?

Yes I did, in fact almost two weeks ago.

[Pezza54]

Did you send the proof the dealer requested in post #43?

[trover]

IMO not worth the tome, hassle and stress for a small claim that may be diminished in court
However small the claim, the claimant still has to follow CPR

Hi Pezza, 14 days has passed and I haven’t received a penny. Should I start the court claim now or wait for a little while? It seems the cost is cheaper using the Money Claims Service (£25 instead of £35), is there anything that I should pay attention to? Thanks very much.

[Pezza54]

IMO not worth the tome, hassle and stress for a small claim that may be diminished in court
However small the claim, the claimant still has to follow CPR

[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

[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]

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

[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?

[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