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Right to repair or am I forced to accept a refund?

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  • Right to repair or am I forced to accept a refund?

    Good morning,

    Five weeks ago I purchased a used vehicle from a dealership. It came with a 3 month warranty. After approx 4 weeks it developed a fault and I got in touch with the dealership. I was told that, as their nationwide group did not have an Audi branded dealership within a couple of hundred miles of me, it was agreed they’d send it to a third party ( an original Audi dealership ) for diagnosis.

    When the report came back it had discovered a number of issues. The largest problem required a repair cost of £3,200 and the secondary issue carried a repair cost of £750. There was a further advisory of a gearbox oil change that had not been done despite the ‘comprehensive pre-sale checks and service’ from the dealer.

    When I subsequently contacted the dealership they very flippantly said that they would take the car back, give me a ‘no quibble’ refund and ‘bang the car straight into the auctions’. This is MY car they’re referring to in such blasé terms as I had bought it outright! I explained that I wanted my car fixing and did not want merely palming off with a refund. As I write they are refusing to entertain the idea of paying for the repairs despite the vehicle being valued at £18,500. The dealership concerned is a multi million pound turnover business and not some backstreet car lot. What I am looking for is not insurmountable or in my eyes unreasonable.

    If anyone can shed any light on where I stand legally with respect to potentially forcing the repair I’d be most grateful.

    The company’s attitude to me now is in stark contrast to the point of sale! I understand the economics of the matter in that they may incur a small loss on this transaction but that is a fact of business, but what really pulls my chain is the utterly dismissive approach they have to my satisfaction asa customer.

    Many thanks in advance!
    Tags: None

  • #2
    Hi CDP

    Your are covered by the Consumer Rights Act 2015.

    You have the right to have the car repaired or a refund.

    https://www.citizensadvice.org.uk/co...th-a-used-car/

    There should be a template that you can send a template, send it with Proof of Postage.

    https://www.whatcar.com/news/your-le...your-car/n3307

    Comment


    • #3
      Hmm negates the reply as they have stated a full refund. No quible.

      Comment


      • #4
        Have you got the actual purchase date and the actual date the fault was reported to the dealer?

        Comment


        • #5
          I would take the refund immediately and never darken the door of this dealership again. I cannot understand why anyone would wish to force a repair? Is there more to this?

          Comment


          • #6
            Originally posted by islandgirl View Post
            I would take the refund immediately and never darken the door of this dealership again. I cannot understand why anyone would wish to force a repair? Is there more to this?
            I'd used my negotiation skills to say if you want to force this refund, then I'll accept an extra £100 as a 'goodwill' gesture. That's just 'fuzzy' logic.

            Comment


            • #7
              Originally posted by islandgirl View Post
              I would take the refund immediately and never darken the door of this dealership again. I cannot understand why anyone would wish to force a repair? Is there more to this?
              How would a Court look at this? I totally agree with your comment.

              Comment


              • #8

                I think you will have problems forcing the dealer to repair the vehicle.
                I refer to CRA 2015 sec 23 (3) (4)

                If you agree to accept their offer of a full refund, tell them you are also looking to recover the direct costs you have incurred because of their breach of contract.
                I necessary you could initiate a separate claim for those damages.

                Comment

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