Rights over refund or repair on a vehicle

[Dtr]

I assume clutch place only quoted for replacing clutch alone

[Pezza54]

Has the dealer said how much they are prepared to pay for return of the car?

[Dtr]

I have an independent inspection done on the car and they have wrote about feeling a clutch judder. But the cost of taking the clutch apart is alot of money, been told it’s hundreds to do this as they have to take gear box out to take clutch apart etc
sadly I’m going to have to try and fight with my inspection alone I know I prob will loose but I have to try

[Dtr]

They have just said they will refund for the car and won’t deduct money off for the clutch judder and air con issue. But why should they deduct for this when it’s their fault and issue not mine ? My only issue is I don’t have another car nor access to one I’d have to hire one . I also don’t have the funds to buy another car till refunded. As they said they will inspect car then refund but i know they will try deduct for this and that. I feel uncomfortable with them having car and money. But I ideally want repair as I
in a stuck position I feel as I need to get the kids to school which is 6 miles away which will be hard without a car

[Dtr]

Im also worried about the next car maybe worse? As it’s pot luck isn’t it with second hand cars. Next time may have clutch issue and gear box ha . I think for me personally i feel I am
better fighting them in court for someo Funds to it. Annoying me how they ignore me when I ask them direct about repairs. As they are saying it without saying it that they won’t repair. They have said I can take it to a garage for assessment and repair but it won’t be down to them to pay for it and I ask for a repair and they reply saying we will buy it back. I make it clear that is far from a ideal option for me so can they just repair or pay towards repair and they just reply saying they will take car back

[Dtr]

Garage is still ignoring my request for repairs

[Manxman]

Perhaps I'm completely missing the point here, but itsn't the OP's question whether he can require the dealer to carry out repairs as opposed to paying a refund? (ie buy back)

My understanding is that the CRA gives the trader one opportunity to repair or to replace non-conforming goods, but it doesn't require them to do so.

Is there anything in the legislation that requires the trader to attempt a repair before offering a refund?

Even if there were such a requirement, what would stop the dealer taking it back for a couple of weeks, doing nothing to it, and claiming they'd repaired it?

If the dealer doesn't want to repair it and would prefer to refund I don't see the point in arguing* with them. All the OP needs to do is to agree a fair refund amount - which is a separate issue


*I certainly wouldn't want this dealer to attempt a repair as I'd have no trust or faith in them doing so properly. I'd want a refund

[Pezza54]

Yes, agreed. I have asked OP how much the dealer has offered to buy back the car, but OP didn't answer my question. OP likes the car and wants it repaired, but can't afford to get it repaired before making a court claim on the repair cost

[Dtr]

Don’t know how much they want to buy car back. But I will be more at a loss selling it back as they bound to take what they can off refund and I am stuck renting a car till I can find a new one then budget will be less due to the hire car and what I get back. Garage mostly is ignoring me so I don’t know enough myself, they have messaged me back twice in 5 weeks. I really want car repaired and citizen advice said I have the right to repair and garage can’t choose to only give me a buy back option ? Repairs are £950 and £400 and obviously I’d know if garage didn’t do repairs as ac wouldn’t work and clutch judder would still be there, but they won’t even consider repairing car, they just aren’t interested in fixing it. But I bet they would sell car straight on not declaring faults again on car. I paid £6000 for car

[Dtr]

When I viewed car I didn’t see no key marks etc it was Nicely polished etc when car arrived it was keyed front to back and I know full well they will say it was done in my care and will deduct for that repair yet it arrived like it so I know they will take a lot of money off the car and leave me
With minimal, they feel they are doing me a favour not deducting money off for the faults? Yet the car come to me with faults so what right do they have to deduct for the issues as not caused by me

[atticus]

What proof or evidence do you have of the condition in which the vehicle was delivered to you?

[Dtr]

I did take photos of the scratches and sent them to a locsl
bodyshop a hour after delivery and asked if they think scratches would Come out, garage said they can do a letter stating on the 12/2 the car had scratches when they saw car. Not sure if that helps me at all.

[Dtr]

Selling car back I know they will deduct for the key marks as they will look for anything to deduct won’t they, I couldn’t see scratches when viewed the car two days prior but the garage who I asked about scratches have said they can tell someone has tried to get the scratches out previously but the marks to surrounding paintwork

[atticus]

So you have evidence! If the garage claims to deduct for this damage, you have the evidence to refute that claim.

Do your photos have metadata showing date and time?

[Dtr]

I like the car as chosen it for the colour and the side step bar thingys? And don’t seem to find many with that. I want to know what my rights are with repairs as the car come with issues. I tried warranty and they don’t cover anything it seems. They get out of the lot of it but I feel as the warranty said any issues car arrived with is pre existing so garage should be repairing. It’s so stressful and wearing me down as car sales place ignore me and I think hope I will give up and pay myself but with a clutch judder which isn’t cheap and air con again I d on see why I should pay out for repairs?