Dispute with dealer over consumer rights act

[Pezza54]

Sorry, I'm still confused with the timeline of events

Did you purchase the car in February 2024 or 2025?

A faulty ERAD should cause a warning symbol ("turtle") to light up on the dashboard. A car should not pass mot with this warning light

[Mrtugboat]

Sorry, I brought the car in Feb 2025. Jan 2025 they had done the MOT. The ERAD only had the yellow turtle when the ERAD fails completely and the electric motor goes. This hasn’t happened to me. only some components hence why this is not a full rebuild and replacement with the Electric Motor. Volvo confirmed this when it went in for the service and they ran it on their diagnostics equipment.

sorry for the confusion.

[Pezza54]

IMO you should, to comply with CRA, give the dealer one chance to repair the fault, which he should do within a reasonable time without undue inconvenience to you.
If the dealer refuses or fails to repair you can reject the car for a refund (not a full refund)
There is a downloadable letter template to reject a faulty car at which.co.uk. You can adapt this letter to suit your claim
In your letter you could state you may be willing to negotiate a reduction in price to cover the cost of repair at an authorised garage

How much did you pay for the car?

[Mrtugboat]

Thanks so much h for your help Pezza.

What happens if they refuse the refund?

I paid 22500 for the car. Their mileage dedication is 1 pound per mile. So would be around 2500.

[Pezza54]

You should not accept the £1/mile deduction.
There is an accepted calculation that will produce a lower rate per mile

For a five year old car costing £22,500 the calculation is

0.3 x £22,500 /36,000miles = 19p/mile

The calculation assumes the average life of a car is 12 years and 144k miles

36k miles is for 25% of 144k miles (3 years of the 12 year life)

[Mrtugboat]

Is that documented anywhere? I want to provide the info and where it’s from.

Considering how they’ve not been bothered regarding any other thing ive tried to argue, they’ll push back for sure.

[Pezza54]

Chartered Trading Standards Formula
Please read "Annex C. Deduction for use calculations: a proposal" at www.businesscompanion.info

[Mrtugboat]

Thanks Pezza.

they keep saying they will contribute and not pay the full excess however I’m trying to speak to the after sales manager.

if they relent I’ll follow up with the partial refund request. If they decline I’ll ask for a refund following the link and info you provided.

[Pezza54]

Please read CRA 2015 Section 24 (5) (a) and (b)
If the dealer breaches the contract under (5) (a) or (b) you may have the final right to reject or to a price reduction (not both)
In this case, if you wish to keep the car, you should claim a price reduction to cover the repair cost

Have you checked with the warranty company that the ERAD system is covered?
Is there an excess that you have to pay the company?

[Mrtugboat]

No excess on the warranty company and they have already approved the 1200 for when the work is completed. I need to pay upfront and claim it back.

I take the price reduction will still need to be approved and if they are still not approving the repair work, the likely hood of them approving the price reduction isn’t great.

[Manxman]

Apologies if I've missed something obvious, but why is the warranty* involved thus confusing the situation?

If the car develops a fault within 6 months of delivery then that fault is legally presumed to have been present at sale, unless the trader can prove otherwise.

Assuming the trader has not proven otherwise, Mrtugboat then gives the trader** one opportunity either to repair or to replace. If the trader refuses to do so or if their one attempt at repair or replacement fails, then Mrtugboat rejects the car.

I'm confused as to why Volvo have come into this as surely it's between Mrtugboat and the trader who sold the car. If the trader does not want to, or cannot carry out, the repair then they need to pay the full cost to get someone else to do it. Otherwise Mrtugboat simply rejects the car?

Is it more complicated?


* I suspect the warranty was missold and isn't worth the paper it's printed on

** Is the problem that Mrtugboat has leapfrogged the trader and din't go to them in the first place?

[Manxman]

Chartered Trading Standards Formula
Please read "Annex C. Deduction for use calculations: a proposal" at www.businesscompanion.info

Can you please give a more precise link? I can't see an Annex C

[Pezza54]

Annex C is in the Business Companion. I googled it and Annex C popped up
There is a detailed explanation of how this formula works. The 12 year lifespan is divided into four 3 year periods, the depreciation depending on how old (what period the vehicle falls in) when it is sold
Makes a lot more sense than the blanket formula the motor ombudsman and financial ombudsman use (10 year lifespan and 100k miles)
Dealers won't be happy with this formula. On average the rate per mile works out over 60% less