Settling before court re rejected car back to unscrupulous dealer

[pickles100]

Hello. Legal opinions needed please.

I am in the process of returning a used car back to a dealer, under 30 day short term rejection.

They have been unresponsive for 16 days since acknowledging receipt of a letter of rejection 8th April, that is until today when they received my 'letter before court claim'

I have asked for my money back, plus fair and reasonable damages for costs I have paid for an independent engineer inspection, and an MOT elsewhere, insurance cover fees for policy changes, special delivery postage costs etc etc.

The dealer says they will now accept the car back and refund what I paid for it, but won't cover any of the damages claims. I have sent receipts previously.

If I return the car, I guess the other costs will need to be sought in the small claims court.

* My question is, by them having the car back would it endanger a claim for the damages costs though, and should I continue on with the claim as it stands in full? I am not compromising on more than £350 already spent to prove the car was not fit for purpose (as agreed by an independent engineer)

* Also, by law the dealer has to arrange the collection of the car. As the dealer is completely untrustworthy worthy, can I stand firm that he pays me shortly before the car is collected?
A non legally qualified person told me the dealer can take up to 14 days to refund me after accepting the car back, but I have a serious hunch I'd never see a penny, and my car would be gone (this dealer breaks civil and criminal law regularly)

Thank you

[des8]

The rules regarding the refund are set out in Consumer Rights Act 2015 sec20 (7) & (10) & (15)

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.


So the trader has to refund within 14 days of accepting your rejection, but you have to make the vehicle available for collection. You do not have to deliver it to him.

See what happens when you tell him that he has 14 days in which to pay and then the vehicle will be available for him to collect. No need to tell him it should be available from the time of rejection.. he might not know!

[pickles100]

The rules regarding the refund are set out in Consumer Rights Act 2015 sec20 (7) & (10) & (15)

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.


So the trader has to refund within 14 days of accepting your rejection, but you have to make the vehicle available for collection. You do not have to deliver it to him.

See what happens when you tell him that he has 14 days in which to pay and then the vehicle will be available for him to collect. No need to tell him it should be available from the time of rejection.. he might not know!

Thank you for the reply.

Unfortunately, after digging around on the net, he has done similar on a few others, as they state they've had to take this dealer to court. He'll know all the ins and outs. He's owns a large independent site selling 4-5 cars a day.

I just feel like a lamb to the slaughter handing the car to him without the refund. I can't even get my head around how they'll have 14 days to refund when in ownership of my property.

[pickles100]

The rules regarding the refund are set out in Consumer Rights Act 2015 sec20 (7) & (10) & (15)

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
* My question is, by them having the car back would it endanger a claim for the damages costs though, and should I continue on with the claim as it stands in full? I am not compromising on more than £350 already spent to prove the car was not fit for purpose (as agreed by an independent engineer)

So the trader has to refund within 14 days of accepting your rejection, but you have to make the vehicle available for collection. You do not have to deliver it to him.

See what happens when you tell him that he has 14 days in which to pay and then the vehicle will be available for him to collect. No need to tell him it should be available from the time of rejection.. he might not know!

Hi again Des.
Do you have any thoughts on the other question please?

Thanks again.

[des8]

You have the right to claim those other costs (damages) as per CRA 2015 sec19 (9 - 11) but whether or not it is worth the hassle/stress of a court case is for you to decide.

[pickles100]

You have the right to claim those other costs (damages) as per CRA 2015 sec19 (9 - 11) but whether or not it is worth the hassle/stress of a court case is for you to decide.

I wish I could go to court tomorrow if I'm honest, and I'd really like a judge to see the proof I have of his activities.
There's so much to the saga, and so many different breaches of law. I've spent so much time on this and I'm so stressed and anxious, that a small claims case will feel like a breeze in comparison.

I think the dealer is calling my bluff, but he's wrong if he thinks I'm going away.

Car hire at £300 a week minimum is now very likely, and that'll need to go onto my credit card.
My daughter up country has loaned me her car for a week, but needs it back now. I can't attend upcoming important hospital appointments, so transport is needed urgently. He knows this, and has seen that I'm disabled, but is prepared to take the gamble thinking I'll crumble.