Consumer Protection Act 2015 - advice on how it works please

[retro pedro]

My grand-daughter as been having issues with a brand new car that she purchased on the 31st January 2021. I've been trying to be her helping hand in trying to resolve the issue.
To outline, a dash board warning lights kept coming on from February 2021. Having checked her contract for the purchase, it did state that the supplying dealer did have to right to repair. If that failed, the car could be rejected and a replacement vehicle could be offered or she should be able to get all her money back. In this case, the deposit paid and the monthly installments as paid to date. Approximately, 3 months into ownership and after numerous attempts to repair the fault, all of which were unsuccessful, we registered a claim with The Motor Ombudsman. Due to Covid, the Ombudsman did agree that we had a valid claim to investigate but the timescale could be protracted. Long and short, the Ombudsman as now investigated and has advised that he has upheld the claim in my grand-daughters favour, and that there is a valid case to reject the vehicle. We have to respond within 10 days to his ruling, which we will do.
My question today, and to which I seek a bit of advice with the Consumer Protection Act 2015, with the Ombudsman ruling in her favour to reject the vehicle, does my grand-daughter have the right to demand her money back paid to date? We do understand that any excess mileage used on the contractual deal does have to be honoured and paid. We also sent the supplier a letter at the 3 month point, that we were wising to reject the vehicle, but this would be subject to the Ombudsman ruling.
Many thanks in anticipation of any forthcoming advice.

[des8]

Should have rejected the vehicle in February 2021!

What exactly has the ombudsman ruled?
Is it satisfactory for your grand daughter?

As the vehicle proved unsatisfactory within the first thirty days of delivery your gd had a right to reject (which did not include the dealer having a right to repair) .within the first thirty days of delivery
Was the repair agreed to within the first thirty days?
If so, the short term right to reject remains until the car is put into a satisfactory condition.
This is important to her because if the short term right is exercised the trader cannot charge for mileage.

If the short term right was not initiated, there is a final right to reject .
That right allows the dealer one attempt to repair, and if it fails and the vehicle is rejected he can charge for usage.
Traders normally try and charge 45p per mile but this is incorrect and it should be around 10p per mile

As the car is actually the property of the finance house, I trust they have been kept informed.
They are jointly and severally liable with the trader.

[retro pedro]

Should have rejected the vehicle in February 2021!

What exactly has the ombudsman ruled?
Is it satisfactory for your grand daughter?

As the vehicle proved unsatisfactory within the first thirty days of delivery your gd had a right to reject (which did not include the dealer having a right to repair) .within the first thirty days of delivery
Was the repair agreed to within the first thirty days?
If so, the short term right to reject remains until the car is put into a satisfactory condition.
This is important to her because if the short term right is exercised the trader cannot charge for mileage.

If the short term right was not initiated, there is a final right to reject .
That right allows the dealer one attempt to repair, and if it fails and the vehicle is rejected he can charge for usage.
Traders normally try and charge 45p per mile but this is incorrect and it should be around 10p per mile

As the car is actually the property of the finance house, I trust they have been kept informed.
They are jointly and severally liable with the trader.

Many thanks for response
TMO office Upheld Complaint. What I can see, Stage 1 is TMO Investigator inspects evidence from both sides. If a case is found to be valid, then TMO Stage 2 is the Adjudicator Rules. In this case he Upheld the Complaint. Not sure what the next stage is or whether an Ombudsman awards.
Grand-daughter was satisfied with the 'Upheld Complaint' status and duly submitted her response within the required 10 days.
Faulty vehicle was reported within the first 30 days, but vehicle couldn't be looked at or inspected at that point. Repair was carried out but fault returned after approximately 2-4 weeks. This was the case for 8 attempts to repair. Unfortunately, being a dashboard warning light situation, there wasn't anything to indicate that the fault was still present. Had it been something mechanical, she would have known and been aware. Wasn't until dashboard warnings lights came back on that it was apparent that the inherent fault still existed.
Car involved was a brand new Golf R Line financed through Volkswagen Finance Services. They have been included in all correspondent emails. Unfortunately, no parties on the supplier side offered any Refunds for rejection, only an invoice to come out of the agreement. Of course, this was rejected and a Complaint duly made to TMO.

[retro pedro]

Anybody know what the timescale is for the Company to accept the Ruling so as to stop them dragging their heels? Or where I can get said information.
Adjudicator from The Motor Ombudsman Office ruled to uphold the Complaint in favour of the Consumer (my grand-daughter) on the 17th March. He ruled for Refund of monies paid subject to contractual obligation. These being excess mileage used etc. and any detrimental damage on the vehicle.
On 13th April, we actually spoke to the Adjudicator in person and he suggested that we speak to the Finance Company involved. This we duly did and they advised that they hadn't had the notification from the Dealership that the TMO had ruled in favour of my grand-daughter. They advised that the normal procedure is that the Finance company will action the Refund due once they receive the ruling advisory from the Dealership. That all sounds positive once the Dealership actions and accepts the Ruling. As part of the process, we had 10 days to submit our response to TMO ruling. Within the timescale, we accepted the finding. Would have thought this would have applied to the Dealership as well but don't know for sure.
We have emailed the Finance manager at the Dealership asking when he is going to conform/oblige and inform the Finance company. As yet, no response.
As part of the process, we do copy in TMO and Finance company in all email correspondence with the Dealership.

[des8]

So it has now been a month since the decision was confirmed, and there has been no reaction from the trader and the finance house are awaiting the trader.
Hmm.. the finance house are jointly and severally as liable as the trader.
Generally if the ombudsman has ruled in favour of the consumer, the courts agree.
I would be considering a letter before action to the finance house as they are dragging their feet.
Their relationship with the dealer is not of your grand daiughter's concern, and it does not relieve them of their statutory obligations

[retro pedro]

So it has now been a month since the decision was confirmed, and there has been no reaction from the trader and the finance house are awaiting the trader.
Hmm.. the finance house are jointly and severally as liable as the trader.
Generally if the ombudsman has ruled in favour of the consumer, the courts agree.
I would be considering a letter before action to the finance house as they are dragging their feet.
Their relationship with the dealer is not of your grand daiughter's concern, and it does not relieve them of their statutory obligations

Thanks for reply des8
Having spoken to the Dealership, I'm beginning to think that your right regarding sending a letter before action. Does anybody know if there is a base template letter that I can utilise for this situation please?
I guess from there we will have to consider court action if the Dealership decides to ignore the Ombudsman's ruling. I still can't believe that the Dealership would stand a chance if it did go to court bearing in mind we have the TMO ruling in our favour. Just a matter of finding out the right way to go about it so that we are on a sound legal footing.

[retro pedro]

Thanks for reply des8
Having spoken to the Dealership, I'm beginning to think that your right regarding sending a letter before action. Does anybody know if there is a base template letter that I can utilise for this situation please?
I guess from there we will have to consider court action if the Dealership decides to ignore the Ombudsman's ruling. I still can't believe that the Dealership would stand a chance if it did go to court bearing in mind we have the TMO ruling in our favour. Just a matter of finding out the right way to go about it so that we are on a sound legal footing.

A quick update in case anybody else is following and in the same predicament.
TMO responded back to us via the adjudicator who originally upheld the complaint on 17th March. He advised that he had re contacted the Company (Dearlership) giving them an extended 3 working day grace period to submit their response. This being either agreeing to the 'Upheld complaint' status or the 'Not agreeing' and requesting an appeal to the next 'Ombudsman' level. From there, if the Company does not respond to the ruling, the case will be submitted to the 'Compliance' TMO team.
We're going along with the TMO lines of action. Short-term we have requested to the TMO Adjudicator if he can advise us when the '3 working day' grace period has expired and duly advise us how the Company reacted and if they did complete a Submission, either way. Additionally we have requested information as to what the 'Compliance' team involvement really includes. We assume an instruction to the Company to accept the ruling and conclude the proceedings and authories the acceptance of the vehicle being returned and the refund of monies due being paid to the consumer.
Have to say, a bit disappointed that the Adjudicator gave the Company an additional grace period but felt it better that we go along with him at this juncture.
We did look on the gov.uk web site, and for the money involvement with our case, upto £10,000, the court fee would have been £450ish. If it does have to go this far, we are not to perturbed about court fees, because we believe with have a very strong case, especially with the TMO ruling, the Company would have to pay costs if the court would have ruled in our favour.
Been a long haul with this one and hopefully we are near to the satisfactory conclusion. All about the Company's submission at this juncture.

[des8]

Good luck, and thanks for the update.
Hopefully the matter will be concluded soonish in your favour