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Final right to reject due to EML on car

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  • Final right to reject due to EML on car

    Hi

    This is the first time I have been on this forum. I was looking for outcomes of Final right reject under CRA2015 for faulty car. After reading through the forum and how helpful people are I am requesting help and information on what I can do about my situation.
    ​​​​​​Please accept my thanks in advance for taking the time to read the long post.
    I have copied and pasted what I sent to the trader as this had all the events in order on.

    Purchase date: 13/09/2023. Car collected: 14/09/2023

    I am rejecting the car under the Consumer Rights Act 2015.
    The car is faulty and has been back to yourselves twice since I have purchased it and now on 11/12/2023 the engine management light has come on.

    The faults in date order:

    14/09/2023: I drove the car home and the Start Stop wasn't working.

    15/09/2023: I drove the car during the day and the Start Stop wasn't still working I rang yourselves to inform of the problem and was advised as the car has been sat on the forecourt, it just need to be driven a bit for the Start Stop to start working.

    18/09/2023: Start Stop still not working. I contacted yourselves and was told to bring car in on 19/09/2023.
    So dropped the car of for diagnosis and was informed needs New Battery which was replaced. For me the Start Stop should have been working regardless of how small or big the issue/fault was.

    19/09/2023 collected car with Start Stop working.

    30/11/2023: The breaks light warning came on. The car had Mot done on 11/09/2023 and had only driven the car for about a 1000 miles since I had it. There should have been an advisory on the MOT to say 'breaking wearing thin' but the MOT has no advisories on what so ever.
    I rang yourselves on the 23/11/2023 and was booked in for the 29/11/2023.

    28/11/2023 I dropped the car and was told it is booked for 8.30am 29/11/2023. I also informed you there was smoke/steam and a knocking noise coming from the bonnet and was advised this will be looked at to see if there is an issue under the bonnet.
    I rang yourselves on the 29/11/2023 about 1pm as I didn't get update to inform me what the problem was and was informed the car needs new front and rear breaks and pads and authorisation is needed before this can be ordered and the car will be ready tomorrow (30/11/2923).

    30/11/2023: I didn't get an update so I rang yourselves about lunchtime and was told waiting for parts, they have been ordered. I rang again about 3pm and was told parts not arrived. At this stage I wasn't happy as I had been at inconvenience as I had to get taxis to and from work. I explained this to yourselves and was offered £50 to cover this which I accepted but till this date I have not received this amount. I got a call about 4.30 to say car will be ready the next day before lunch (01/12/2023).
    01/12/2023: Was my 21st birthday and I needed the car. I rang about 9 to get an update and to make sure car will be ready by lunchtime and was told yes. At about 11:45 I rang back as I hadn't heard anything and was told will be afternoon. So I informed yourselves I will be rejecting the car under the Consumer Rights Act if not repaired to and within 10 mins I got a call to say the car is ready to collect.
    No issue was found with steam/issue or the knocking noise, but the knocking noise dies still happen at times.

    10/12/2023: I have emailed yourselves to inform you I have not received the £50 good will gesture transaction. I was informed would only take 2-3 working days and I am still waiting for an acknowledgement for this email.

    11/12/2023: The engine management light has come on.

    Car got booked in for 20/12/2023. I was provided with a courtesy car which was a manual car. Even though I passed my test in a manual car 2 years ago I do not have experience to drive a manual car. This was my first car which is an automatic. My mum drove the courtesy car home but it was left parked on the drive as it was no good to me.
    30/12/2023 got a phone to collect car, the water coolant and glow plugs have been replaced but the fault is still showing and the car needs to go to main dealership. It could possibly be an electrical fault.The earliest the dealership has availability for is the 30/01/2024. I wasn't offered a courtesy car and when asked if I can drive my car I was told I wouldn't have been given the car back if it wasn't safe to use. I have asked for this in writing and not had a reply.
    I contacted the fiance company on 7/01/2024 who reopened my complaint and had sent an independent vehicle inspector to inspect the car on the 12/01/2024.
    Up until now I have not had an update on the report.i habe contacted the Finance company everyday and been told I haven't been allocated a case manager and the report from the inspection hasn't come through yet. I am on day 39 of my complaint and no one has looked at this since my case being reopened. I am at my wits end as the fault is still showing on the car and I have informed the finance company I am rejecting the car but no one has got back to me.
    I do not have a courtesy car. I cannot afford a hire car.

    I have emailed the trader a few days ago to confirm wether I should still take the car to the dealership and they are still paying for the diagnosis and they have blanked me.
    If this is not dealt with by day 56 then I can take to FOS but this will delay things further. I need to a car for work and I am worried sick that if I start using buses, taxis or hire a cheap car then I may not get this reimbursed.
    I have been given a car back fro the trader with the fault still showing, I am not sure if I can drive this. the finance compare not looking at my case. Its like all doors are closed for me.

    Tags: None

  • #2
    Hi Sonni442

    Welcome to LB

    It is long, if you used a), b), c) etc, on each event that would help understanding.
    Paragraphs would be good, you have some, but not enough.

    How did you pay for the car?, I know finance is involved (finance company).

    Is the dealer a member of any association / trade body?

    Comment


    • #3
      Hi
      these are my thoughts and opinions about your case.

      Your claim is against the Finance Company under section 75 of the Consumer Credit Agreement 1974 and the Consumer Regulations Act 2015 as you do not own the car until you have repaid the loan in full. You have made both the finance company and dealer aware about the faults with the car.

      You allowed the dealer to repair the fault with the stop/start and replace worn brakes (a maintenance item) and the dealer successfully repaired them

      A more serious issue, the eml warning appeared on the dashboard and you reported this to the dealer on 11.12.2023 (over 30 days from purchase including "waiting time" the time the car was in the garage being repaired) The instructions in your car manual probably state that if this light appears the car should be be taken immediately to a garage for investigation.

      The eml fault has still not been sorted on 24.1.2023, 44 days after you reported it, an unreasonable amount of time.

      CRA Section 24(5)(c) states the consumer has a final right to reject if the trader is in breach of 23(2)(a) failed to repair the car within a reasonable time and without significant inconvenience

      Under CRA final right to reject the dealer is entitled to make a deduction on the refund for usage, usually based on the miles driven in the car by the consumer.

      You should write to the finance company raising a complaint about the time being taken since an inspection report was carried out and set a deadline for a reply. You should also warn the f.c. that if you are not satisfied with their response you intend to contact the FCA and FOS

      Keep all receipts for alternative transport, you can claim these costs if you end up making a court claim



      Comment


      • #4
        Hi thankyou very much for the quick replies ECHAT11 and PEZZA54.
        Sorry ECHAT11 it is long. I am really upset about the whole process so I copy and pasted the complaint email that I sent to the finance company and the trader I bought the car from.

        PEZZA54 thankyou for making sense of the post. The car is on HP I have emailed the finance company with a deadline and they have said they have 56 days to deal with it and are still within time.
        I have sent them another email this morning requesting an update on the inspection report and a deadline to respond. I have had a reply back saying I can contact the financial ombudsman as when the car was repaired first time round and my complaint got upheld and the case was closed I had an option to go to the FOS and i have 6 months to do this.


        ​​​​​​

        ​​​​​​

        Comment


        • #5
          Originally posted by Soni442 View Post
          Hi thankyou very much for the quick replies ECHAT11 and PEZZA54.
          Sorry ECHAT11 it is long. I am really upset about the whole process so I copy and pasted the complaint email that I sent to the finance company and the trader I bought the car from.

          PEZZA54 thankyou for making sense of the post. The car is on HP I have emailed the finance company with a deadline and they have said they have 56 days to deal with it and are still within time.
          I have sent them another email this morning requesting an update on the inspection report and a deadline to respond. I have had a reply back saying I can contact the financial ombudsman as when the car was repaired first time round and my complaint got upheld and the case was closed I had an option to go to the FOS and i have 6 months to do this.


          ​​​​​​

          ​​​​​​
          Yes HP, but did you pay a deposit?

          Comment


          • #6
            Check your finance agreement to see if it states the company has 56 days (8 weeks) to sort a dispute and any other clauses about consequential losses in the event of a breakdown
            If the company is complying with the agreement there is not much more you can do. If you start a court claim to reject the car that is likely to take 9-12 months

            Comment


            • #7
              Hi ECHAT 11
              I did pay a deposit of £1000 by credit card.

              Comment


              • #8
                PEZZA it's does say 56 days and then can refer to FOS.
                I will have to sit and patient

                Comment


                • #9
                  Originally posted by Soni442 View Post
                  Hi ECHAT 11
                  I did pay a deposit of £1000 by credit card.
                  You can start a Section 75 claim, as there's a joint liability, the Finance Company and Card Provider, this is because you paid £1,000 on credit card, so you are covered by the Consumer Credit Act 1974, Section 75.

                  Section 75 claims are time sensitive.

                  Send the Card Provider and Finance Company the following:-

                  https://www.citizensadvice.org.uk/co...edit-provider/

                  Make sure you get Proof of Postage.

                  Update when you get a response.

                  Comment


                  • #10
                    Thankyou I will get this sent and will respond with an update as soon as I get one.

                    Comment


                    • #11
                      Hi,
                      Sorry no good news just an update.
                      Credit company have got back to me to say as the finance company are the main source of payment they will have to deal with it unless they confirm they are not dealing with it. I have informed the credit card the finance company are not responding so. Annoy get anything from them but they kept repeating is can't help till get final response from finance company. So I have referred this to the FOS. They have said around 2 months to get a case manager.
                      Can't believe Finance company have just blanked me. How can they get away with this. And the credit card have said cannot help unless the finance company confirm in writing they are no longer handing the case.
                      I can't afford another car, getting to work by bus is a over an hour journey and buses aren't regular. If I use taxis and I lose the case then I will be out of pocket which I cannot afford.
                      Any advice will be really helpful.
                      The retailer have said they will repair car again but I don't want this. But seems as though that is the only option.

                      Comment


                      • #12
                        What's the name of the Finance Company?

                        Comment


                        • #13
                          What was the overall price of the vehicle? s75 Consumer Credit Act 1974 only applies to purchases of goods or services "to which the supplier has attached a cash price" between £100 and £30,000. If that price was more than £30K, s75 will not help you and will not be the right way forward.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Hi
                            The price was £22000.

                            Comment


                            • #15
                              The finance company is Black Horse

                              Comment

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