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Dealer faulty car issue

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  • Dealer faulty car issue

    I bought a used performance car from a small family owned dealership in waltham Abbey on 31st dec 2023, it was stated as a CAT N with non structural damage.I paid £11,000.

    ​​​​​​In Febuary I noticed the car was using a lot of oil which was a first sign of things to come,I continued using the vehicle and topping up the oil.

    By May, the vehicle had started misfiring with check engine light warning, as this was still within 6 months of my purchase and I had ony done about 1500miles on the car, I took it to a diagonistics place and was told basically the engine was toast and there was oil in the cylinder which would require a rebuild but the car was still driveable at the time , I got a written vehicle report from


    ​​​​​I phoned the dealership and told him of the issues and the I would like to reject the car under CRA 2015, initially he did not want to know and got quite threatning on the phone stating performance cars can have issues at any time and the car was sold with a presale checklist which I never saw.

    A week later I received an email from legal solutions acting on behalf of their client(the dealer) asking me to return the car for a full inspection. I told them due to misfires I wasnt comfortable driving the car long distances especially on the motorway and If the car could be collected, I got no response.

    After chasing up a week later, i again got another email stating they were waiting for the car to be returned to their client. As this was getting nowhere, I drove the car up to the dealership(an hour away) on the 1st of june 2024 thankfully there were no misfires on the journey.

    Now this is where the problems start, first he said they had no courtsey cars and I would need to give him some time to get it checked. So for the whole of June, the garage was fully booked as the engine would need a full strip down to assess the faults/damage.

    ​​​​​I kept chasing him weekly, on the 1st of July 2024, I get a letter from legal solutions saying that their client has instructed the garage to carry out the full repair works as i was piston failure on cylinder 2 but that the pistons was on back order which would cause some delay to the commencement of the repairs.

    That took another 3 weeks for the parts to arrive, meanwhile I was now phoning directly through to the garage as the dealer was given me generic answers regarding my queries.

    We are now in the second week of August and the garage had promised to have the rebuild completed by 1st week, the cylinder head had to be sent out for extra repair causing more delay.

    As its been delay after delay and not been without a car nearly three months and the dealer insisting on repairing the car and not accepting my right to reject causing me further grief and hardship, how do I go about getting my money back, I paid by bank transfer or am I at the dealers mercy here? Is going to court my only option and how long will a court case take if so? Thanks

    Tags: None

  • #2
    Hi
    Welcome to LB

    My first thoughts are that you have the legal right to reject the car under the final right to reject CRA 2015
    You reported the serious engine fault within 6 months of delivery and the dealer, after inspection and admitting there was a fault, has taken an unreasonable amount of time to repair the car (nearly 3 months and still not repaired)

    You should make a chronological list of events, starting with the date you took delivery. You will need this if the dealer refuses your request to reject the car and you decide to start a court claim

    If your court claim is for more than £10k, it will probably be allocated to the fast track. On this track if you lose in court you will probably have to pay the defendant's legal costs in addition to court fees

    As your court claim may take 9 to 12 months or longer to trial, and involves court forms, deadlines, possibly a case management hearing, you should give serious consideration before starting a court claim

    Other forum users may provide their own opinion and advice

    Comment


    • #3
      Thank you, is there a template letter for the right to reject? Will it be as simple as sending the letter and waiting to see if accepted or rejected?

      Do i have to give them a deadline also as the dealer is constantly saying the situation is out of his hands as the garage they use is very busy and asking me to be patient.

      Comment


      • #4
        There is a template letter at which.co.uk titled "Letter rejecting a new or used car bought from a dealer" that can be downloaded and adapted
        My advice is to add in the penultimate paragraph that the company has breached the Consumer Regulations Act 2015 by not repairing the vehicle within a reasonable time causing you significant inconvenience due to lack of transport
        In the last paragraph you should request a reply within 7 days

        Comment

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