Car return to dealer for refund rta en route

[Twsiv]

Your Letter before claim hits the spot.
Activate section 75 on 15 days after LBC if payment not received.

Question?

At what point did the dealer refuse to accept delivery - immediately he was notified of the accident en route to the dealer's premises or when you arrived at the dealer's premises, following the accident?

Rejection of return was on the dealer's premises after the RTA.

[Twsiv]

"Request collection within 14 days and refund prior to removal of goods"
Hmm...not sure you can put a lien on the vehicle due to.CRA 2015 sec 20 (7) (b)

(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.

Probably not.

It was a request not a demand. I wouldn't stop the dealer collecting the vehicle but given their actions thus far I would feel more comfortable in receiving the refund first.
Given they have already denied the refund when it was due does this statement harm any case going forward?

[efpom]

OK - your proposed claim seems to be in good shape - you delivered to the dealer's premises. The dealer is long past the date when he should have refunded the purchase price, your letter before claim, speaks for itself, so you just have to wait, for the "14 days to collect" runs out.

You might want to keep a sharp eye on the company's entries at companies house, particularly any proposal for strike off.

[des8]

Probably not.

It was a request not a demand. I wouldn't stop the dealer collecting the vehicle but given their actions thus far I would feel more comfortable in receiving the refund first.
Given they have already denied the refund when it was due does this statement harm any case going forward?

I was just pointing out that CRA 2015 doesn't allow consumer to retain goods after rejection (we had at least one person fall foul of that para).
However you did return vehicle, but dealer refused delivery so there is no problem for you.

[Twsiv]

Thank you for the guidance so far.


I'm currently still insured and taxing the vehicle. Should I continue to do this?

Could it be used as a tool to hurry the dealer along?

[efpom]

Write to DVLA, explain that you ceased to become the keeper on the date you rejected the vehicle, that court proceedings are likely to issue and make a claim for a refund of tax from the date you rejected. - the DVLA, if it bites, will record the vehicle as "no keeper".

Keep the vehicle insured, you retain a proprietorial right to it until the dealer pays up. You may wish to discuss with the insurer, special cover just for that proprietorial right.

I do hope that you ceased to use the vehicle after the delivery failed, except to return it ti it;s place of storage.

If you don't get a refund of tax, that sum becomes part of your claim - also the insurance premium.

[Twsiv]

Write to DVLA, explain that you ceased to become the keeper on the date you rejected the vehicle, that court proceedings are likely to issue and make a claim for a refund of tax from the date you rejected. - the DVLA, if it bites, will record the vehicle as "no keeper".

Keep the vehicle insured, you retain a proprietorial right to it until the dealer pays up. You may wish to discuss with the insurer, special cover just for that proprietorial right.

I do hope that you ceased to use the vehicle after the delivery failed, except to return it ti it;s place of storage.

If you don't get a refund of tax, that sum becomes part of your claim - also the insurance premium.

OK thanks.

I will discuss with the insurer.

The vehicle has remained parked up since the journey home post rejection. The mileage can easily be verified if required.

[Twsiv]

So the dealer has approached Lawgistics to try and throw me off.

Their attitude towards the issue is accusations without evidence and being very unprofessional. They are ignoring the refund element and I guess are trying to scare me away.

Must be pushing the right buttons then.

However, the garage is still refusing to refund. This is going to drag on for a while!

14 days are now up so will be pursuing S75 and or court.

[des8]

Looking back through the thread I note you paid a deposit by credit card, the balance presumably being financed.
This gives you the options of a sec 75 claims against both the CC and the finance house, as well as a court claim.

Lawgistics do try and browbeat the consumer, so their opening shots are not unexpected

[efpom]

LAWGISTICS LIMITED does not appear to be a solicitor firm.

[Twsiv]

I've received a further reply from the lovely people at Lawgistics.

Condensed it states:

Dealer never agreed to refund (they did in writing)

followed by...

DIRECTIVE 2011/83/EU relates to contract regs 2013 and the right to withdraw not the CRA2015. They state it is invalid.

They quote Article 13(3) (trader offers to collect, in regard to sales contracts) and state no refund due as the trader doesn't have the vehicle back.


I retort with vehicle returned on x day and dealer refuses to accept and refund. This constitutes a breach by the dealer in his refusal to refund. (shot themselves in the foot there?)



They state it is my responsibility to prove issue present at time of sale.... Given it has passed MOT, Pre-delivery inspection, my personal inspection- SURELY ISSUES CANNOT BE PRESENT?!
Also how could I possibly drive the vehicle back <20 miles (I carried water and oil and took it easy expecting a one way trip)


I point out evidence provided and accepted by dealer in relation to vehicle faults.



I get the feeling they're not taking this seriously and are trying to obstruct?

[des8]

Have you sent a letter before action?
Have Barclays replied to your Sec 75 claim?
If a finance company is involved in the purchase have they been informed of the breach of contract and has a Sec 75 claIm been lodged with them?

As a a matter of interest what was the problem with the vehicle that made it unsatisfactory?

[Twsiv]

Have you sent a letter before action?
Have Barclays replied to your Sec 75 claim?
If a finance company is involved in the purchase have they been informed of the breach of contract and has a Sec 75 claIm been lodged with them?

As a a matter of interest what was the problem with the vehicle that made it unsatisfactory?

No reply yet, it is in the queue. The Thomas Cook failure won't help.

No finance company - balance was cash

Severe coolant leak, multiple oil leaks, non-functioning a/c. Low mileage car, FSH, £23.9k.

[des8]

Looking back I see you issued a LBA, so act on it.

[Twsiv]

Looking back I see you issued a LBA, so act on it.

Would it not be best to wait for the CC? They are working on the case now.
if I start the claim via the courts and the CC is successful would I lose the fee?

Also I'm basing my main case on a preexisting agreement with dealer to refund. What if CC want to look over the car and file a half arsed report? Is that allowed to bypass the existing agreement to refund or even necessary?