Do

[Badger9898]

Deadline for proceedings?


I part exchanged a car 11 June, it was sold to me with a clean MOT with no advisories, within a couple of days I booked it into a local garage to have it checked out (I know nothing about cars!). The car was finally checked 01 July and I was advised it should never have passed an MOT. Both front tyres were perished on inside edges and split. N/S/R tyre inner wall perished and rear handbrake cable damaged.


I contacted the dealer 05 July, detailing the faults found and requested a refund as the car was mis-sold. The dealer refused to refund the car and offered a repair of the tyres, the dealership is 60 miles away and I was expected to take the car to them to get the brake cable fixed once the tyres were repaired.


I refused this offer as I felt I had been mis-sold the car originally. I had also sought advice from trading standards who advised me not to let the dealer repair the faults until the car had been independently checked by DVSA. In the meantime I had the car checked by another garage that found the same faults.


DVSA checked the car 21 July and issued a Roadworthy prohibition notice. They found 4 major defects and 7 advisories. I sent a copy of the notice along with a letter before action to the dealer 21 July.


I further emailed to the dealer 30/07/22 to let them know I had to SORN the car.


I received no reply with the 14 days, so I emailed the dealer again 12 August advising that I would be pursuing this through the small claims court. The dealer replied 3 days later saying I was being disingenuous, he claimed I was trying to make a claim as I was trying struggling to sell the car that I had part exchanged, I hadn't even advertised my car for sale at this point, there was nothing wrong with my old car, other than it was a bit big for me. He recently advertised my old car for nearly twice the price I part exchanged it for! He said that as he offered to repair the faults I have no grounds to request a refund and the court would go in his favour.


Latest update


The garage has agreed in writing (without prejudice) to have all the major and advisories fixed on the car.


My problem is he has taken so long to respond to the original claim so that the deadline to proceed with the case is tomorrow


We haven’t agreed on a garage where the repairs will be made and MOT completed so it will still take some time to get the car sorted out.


I am happy to agree to mediation (as I just want the car fixed) but if I settle the claim and he doesn’t honour his side of the agreement won’t I have to go through the money claims process again? It’s not like the dealer can be trusted.




Am I better off carrying on with proceeding, obviously accepting the option of mediation?


Many thanks in anticipation

[des8]

Do you want the car repaired to a satisfactory standard or your money back?

Have you requested a repair?

Have you accepted the offer of a repair?

To what deadline are you referring?

[Badger9898]

Have accepted a repair but we haven’t agreed on a garage yet

the deadline for court proceedings is 4pm today so I was going to proceed and accept mediation

Hopefully the dealer will fix the car before we have the official mediation but he can’t be trusted

[des8]

As you have accepted the offer of a repair you cannot continue with a court case for rejection.
You need to give the dealer a reasonable time to do the repairs as stated in CRA 2015 sec 23

: 23Right to repair or replacement
(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).
(2)If the consumer requires the trader to repair or replace the goods, the trader must
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
...........................................
(6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

[Badger9898]

But I only accepted a repair on the basis we could agree on an independent garage - the dealer hasnt even offered me a list of garages?

the car has been issued with a prohibition notice since July - he's had more than enough time to find some garages?

At first I demanded the repairs at a Vauxhall garage but he wouldnt accept that, I've offered others since but he hasnt come up with any at all.

[des8]

So if that is not within "a reasonable time" continue with your claim for rejection, and don't forget to add in all your costs.
Don't expect mediation to be successful!

[Badger9898]

So if that is not within "a reasonable time" continue with your claim for rejection, and don't forget to add in all your costs.
Don't expect mediation to be successful!

I've even said I'll waive the cost of the independent garages that checked the car but I expect him to pay my share of the court costs

Is mediation really that bad?

[des8]

Mediation is not bad, and not stressful, and should be pursued.
It is just that in my limited experience it is rarely successful