Used car bought from a dealer not as described

[Dan_1127]

Hi folks, your collective help and insight is most appreciated.

I have purchased a 10 year old SUV from a reputable dealer. It was a 5 hour round trip to see the car on a dull, grey day. It was fairly late in the afternoon when I arrived, the dealer showed me the car, pointed out some laquer peel on the front bumper, I noticed a few other marks but all seemed ok for a 10 year old car with 117k miles.

I bought it after a test drive and an agreed price to trade in my car. I took the car home the same day.

As the car wasn't exactly sparkling when I collected it I decided to give the car a full valet.

This is when I saw just how bad the paintwork is. Numerous parking dents and scratches, and a now very obvious poor spray job on the front bumper. Additionally, when I took it to a body shop for an estimate to repair the dings, he pointed out the rust coming through on the driver's door from a previous poor repair.

Whilst there is an argument that I should have inspected the car far closer, the car was described as in excellent condition inside and out, with minimal marks. I've clearly been swayed by the dealers reputation and description of the car.

I have asked the dealer for a 50% contribution to the bodywork repairs (£959+Vat), which of course they have told me to get lost. Their argument is that they're only responsible for mechanical defects and that I inspected the car and was happy to purchase in the current condition.

Should I simply take this on the chin and put it down to naivety on my part even though the car isn't as described?

[des8]

The Consumer Rights Act 2015 (CRA2015) sec 11 requires goods to be as described,( whether or not they have been examined by the customer)
Your rights are set out in sections 19 - 24 of CRA2015 (basically you can reject the vehicle, request a partial refund or a repair)

So WRITE to the dealer setting out your complaint and telling him how you want the situation remedied

Keep a copy of the advert

[Dan_1127]

Hi DES8,

Thanks for responding. I'm not familiar with the content CRA2015, so knowing there are specific rights set out for this kind of eventually means I feel vindicated for trying to engage with the dealer about the issues I have.

I have written to the dealer asking for an equal split on the cost of repairing the car to bring it up to the standard stated in the advert. He has refused any form of refund or contribution.

As the dealer hasn't responded to my suggestion regarding mediation, would now be the time to initiate a claim via the small claims court?

Many thanks..

[des8]

So I would write yet again to the dealer, heading the letter "Letter before claim".

Template here; https://www.which.co.uk/consumer-rig...m-aSFAC8Q6Jqan

In the letter confirm your previous offer has been withdrawn.
I would now claim the full estimated amount for repairs
You could reference the relevant parts of CRA 2015

Only do this if you are prepared to take the matter to court

[Kayley]

Don't want to put you off but we have had a court case going on for over 16 months at a cost, so far, at nearly £1000. The courts are overwhelmed. Issues with a rejected car for (within 30 days so Short Term right to reject) mechanical issues not disclosed or apparent on inspection. Very complicated and stressful process but our sum is for many thousands. May be easier for less value and he may pay up simply with the threat of legal action. As DES8 says only do this if you are willing to take legal action.

[Dan_1127]

Thanks for the insight. I could roll over and simply accept I bought a bit of a crap car, but I'm not inclined to do so. His argument that he's not responsible for bodywork issues found after I have bought the car is a load of tosh. I suspect he's used to fobbing people off.

The dealer has rejected out of hand any form of refund, will not entertain mediation and has stated that he's prepared to go to court.

[Kayley]

As advised write a Letter before Action. Templates and advice are available on Legal Beagles site and elsewhere. It may prompt a better reaction on the real threat of proceedings. Check out the Government website on how to make a small claim. It will give you the costs involved against the sum claimed. Research if body 'wear and tear' can be a reason (or not) for claim before going down the legal route. It can be VERY time consuming and stressful. Good luck.