Car Rejection - Dealer wants me to go to court

[LukeR94]

Good morning,

I purchased a Volvo V50 on 22/12/2023, the car is a 61 plate and had covered 116,500 miles upon purchase, I paid £3,900 via bank transfer.

I got the vehicle booked in for a timing belt and water pump on 09/01/2024 just to be safe, it is stated that it was done in the service book but there was no invoice for the work (despite there being invoices for almost everything else). As part of the work, the garage did a visual health check (written report, which I have) and noticed a few issues which are:

- Front lower arm bushes are split
- Rear trailing arm bushes are split
- O/S/R steel brake line is corroded and swollen
- Pronounced misfire on start-up/maneuvering - This seems prominent when accelerating in second gear, the car vibrates from around 1500 - 2000 rpm.

I went back to the dealer the next day (10/01/2024) and told him about the issues, he said he was happy to take a look, the car was then booked in by the dealer to see a specialist on 13/01/2024. I took the car to the specialist who agreed that the front lower arm bushes (wishbones) were in dire need of repair but disagreed with the rear trailing arm bushes and corroded brake line. He then plugged the car into his laptop and there were what appeared to be two fault codes for the injectors (I was looking over his shoulder at it), which he then cleared on the laptop. He then proceeded to take the car for a drive and said the car felt fine with regards to the injector and that it pulled well, replacing the front wishbones would transform the car and that it was fine to drive.

I spoke to the dealer later that day and said I was happy for him to repair the wishbones.

On 14/01/2024, I was on the motorway and the car goes into limp mode and throws up 'Engine System Service Required' and 'Anti-Skid Service Required' on the dash. The car wouldn't go above 2,000rpm and barely had any power. Accelerating to 2,000rpm, the car was shaking violently which further suggests a misfire. I have not driven the car since limping it home on that day.

I contacted the dealership again that same day and stated that this is now way beyond two new front wishbones and that I think I just want my money back. He replied by stating that after the assessment by the specialist he's happy that I've got a good car and no way giving a refund. I then sent another message stating that I would exercising my right under the Consumer Rights Act 2015 to reject the car as it isn't roadworthy and can't currently be driven, to which he replied that I would have to take this to legal. I have since spoken to Citizens Advice, who have told me that because all of the messages were via text (as he doesn't have an email address as far as I'm aware, he told me to text him to put things in writing) to write an official letter and send it to him recorded delivery, which I have. I have given him 14 days to refund me the money and if he fails to reimburse me that I will be issuing a claim for recovery of the money plus damages, I have also offered to use an ADR in this letter.

I'm just looking for some advice here, I've read some stories where the dealer has turned up to court and been made out to look like the victim etc. How long can this take? As I can't purchase another car without my money being refunded. I'm just having some concerns and anxiety about the whole thing to be honest.

Any help would be appreciated.

Thanks,

Luke

[pt2537]

Good morning,

I purchased a Volvo V50 on 22/12/2023, the car is a 61 plate and had covered 116,500 miles upon purchase, I paid £3,900 via bank transfer.

I got the vehicle booked in for a timing belt and water pump on 09/01/2024 just to be safe, it is stated that it was done in the service book but there was no invoice for the work (despite there being invoices for almost everything else). As part of the work, the garage did a visual health check (written report, which I have) and noticed a few issues which are:

- Front lower arm bushes are split
- Rear trailing arm bushes are split
- O/S/R steel brake line is corroded and swollen
- Pronounced misfire on start-up/maneuvering - This seems prominent when accelerating in second gear, the car vibrates from around 1500 - 2000 rpm.

I went back to the dealer the next day (10/01/2024) and told him about the issues, he said he was happy to take a look, the car was then booked in by the dealer to see a specialist on 13/01/2024. I took the car to the specialist who agreed that the front lower arm bushes (wishbones) were in dire need of repair but disagreed with the rear trailing arm bushes and corroded brake line. He then plugged the car into his laptop and there were what appeared to be two fault codes for the injectors (I was looking over his shoulder at it), which he then cleared on the laptop. He then proceeded to take the car for a drive and said the car felt fine with regards to the injector and that it pulled well, replacing the front wishbones would transform the car and that it was fine to drive.

I spoke to the dealer later that day and said I was happy for him to repair the wishbones.

On 14/01/2024, I was on the motorway and the car goes into limp mode and throws up 'Engine System Service Required' and 'Anti-Skid Service Required' on the dash. The car wouldn't go above 2,000rpm and barely had any power. Accelerating to 2,000rpm, the car was shaking violently which further suggests a misfire. I have not driven the car since limping it home on that day.

I contacted the dealership again that same day and stated that this is now way beyond two new front wishbones and that I think I just want my money back. He replied by stating that after the assessment by the specialist he's happy that I've got a good car and no way giving a refund. I then sent another message stating that I would exercising my right under the Consumer Rights Act 2015 to reject the car as it isn't roadworthy and can't currently be driven, to which he replied that I would have to take this to legal. I have since spoken to Citizens Advice, who have told me that because all of the messages were via text (as he doesn't have an email address as far as I'm aware, he told me to text him to put things in writing) to write an official letter and send it to him recorded delivery, which I have. I have given him 14 days to refund me the money and if he fails to reimburse me that I will be issuing a claim for recovery of the money plus damages, I have also offered to use an ADR in this letter.

I'm just looking for some advice here, I've read some stories where the dealer has turned up to court and been made out to look like the victim etc. How long can this take? As I can't purchase another car without my money being refunded. I'm just having some concerns and anxiety about the whole thing to be honest.

Any help would be appreciated.

Thanks,

Luke

Good morning Luke,

Under the Consumer Rights Act 2015, if you rejected the goods within the first thirty days then the trader is required to give you a refund. It seems to me that the goods were not satisfactory per s9 CRA 2015 and therefore it is arguable you would be entitled to reject the goods. Whats more, you even allowed them the chance to repair, and that hasnt resulted in the issues being solved.

It would appear from what you say that you have a good case here for a refund.

In terms of your questions, how long can Court take, thats difficult to answer. It could take 6 to 8 months if its defended, it could be over in a little over 6 weeks if he doesnt defend the claim.

Obviously the dealer has the right to defend himself, but its for him to prove the vehicle wasnt faulty at the point of sale.

[LukeR94]

Thanks for your response. I was prepared to give him a chance to repair it when it looked like a minor issue, but since the major fault happened I decided it would be best to reject the vehicle. So I technically haven't given him a chance to repair it if that makes sense.

Is it generally considered that the vehicle had faults prior to sale if things like this happen within 30 days?

[LukeR94]

I've also just noticed that despite him having cars he's previously sold on his website, the Volvo appears to have mysteriously disappeared.

[pt2537]

Thanks for your response. I was prepared to give him a chance to repair it when it looked like a minor issue, but since the major fault happened I decided it would be best to reject the vehicle. So I technically haven't given him a chance to repair it if that makes sense.

Is it generally considered that the vehicle had faults prior to sale if things like this happen within 30 days?

The burden is for him to prove it wasnt faulty at the point of sale.

You may want to get a report done from an expert just to add weight to your case, but that would cost money sadly.

[LukeR94]

I already have a report stating that there's a pronounced misfire.

[LukeR94]

The burden is for him to prove it wasnt faulty at the point of sale.

You may want to get a report done from an expert just to add weight to your case, but that would cost money sadly.

I have in writing that he was willing to fix the issues, but I fear that the car is now beyond that, hence my rejection. Could this be seen as admission of fault?