Reject Faulty Car - Who do I take to court

[matrixsteele]

Hi there I am new, i have read a lot of forums to get an answer but none help me as my case is unique, sorry for the long post, i just want to give all of the information.

I Bought a car from a dealer in Lancaster, the car was £5900 and i paid a £250 deposit.
I had organised Finance from a reputable company which i have used before.
My wife and I drove up from Oxford (180 miles each way) to test drive and collect the car, the car looked great and drove well so we took the car.

After getting home i was put in hospital and had an operation which stopped me walking for 2 weeks and i was not aloud to drive. after this i took my family out and the was a loud noise coming from the rear of the car, so loud that you could not hear the radio, upon getting home i phoned the dealer and said about the noise which i said sounded like twisting or tearing metal, and the dealer responded with " it will be the wheel bearing, claim on the warranty which i gave you"

Link to video Below

I called the Warranty company and they said that i would need to pay for the repairs and submit a claim, after which they decide if they will pay out, the wont if its considered as a wear and tear item.

I also called the finance company who logged the complaint

I decided to take the car to a local branded garage for them to actually find the cause of the noise and the cost to repair, (i have known that a bearing fault would be humming) ; After the day they came back with a large quote as there a number of faults on the car, no of which was a bearing:

• Rear washer jet missing, causing damage to boot from water ingress. £80
• indicator stalk faulty, not returning £300
• All brakes need replacing discs and pads £600
• hand brake not sufficient £0 when brakes replaced
• Auto start stop faulty, possible battery issue £130 new battery

Noise from rear needs investigating, diagnose fault £70ph +vat

all the costs above are +vat and the parts do not include the labour, this was over £1000 which i was not happy about paying after only 3 weeks of owning the car, most of which the warranty company wouldn't pay as the brakes and battery are classed as wear and tear; also this hasn't found the fault and the costs to rectify the noise.

I called the finance company and said that i was not happy about paying for the repairs and that i was looking to reject the car, they emailed me a form to note down all the problems and the what response i wanted with evidence. I wrote that i want to reject the car along with the report from the garage and video evidence of the fault.

I spoke to a friend who advised me that i was well in my right to reject the car as i was still within 30 days.

I called the FC and confirmed my decision , and they said they will try and resolve the matter, after quite a few phone calls back and forth the Dealer had said that dont accept any fault on the car however they will insist on helping getting the car fixed, this meant them paying to repair what was quoted and claiming on my warranty themselves and no more, so they wouldn't find the source of the noise and repair that, i was still unhappy with this and said i still want to stick to my first decision and still reject the car, The FC said that they didnt know that i wanted to reject the car and that because i was just letting them know that i would need to gain another report from a different garage. i complained to them as i have it in writing and time stamped emails saying i want to reject the car, but i agreed to go and get a second report.

The second garage came up with another report which mirrored the 1st garage but came off worse

• All brakes need replacing
• Indicator stalk needs replacing
• rear washer jet needs replacing
• Start stop issue, needs new battery
• Noise from steering rack

they could not find the cause of the noise also, so the car spent a week in the garage and was tested by 5 different employees, on collecting the car they said some could hear the noise, and others couldn't, i started to take the car home and the noise was apparent so i returned, and did a road test with 3 of the mechanics, they all confirmed that there was a noise and they all had different ideas on what it might be, Exhaust, top mount, or bushes. they put the car on the MOT ramp and manipulated the noise, and the car nearly rolled on top of them with the handbrake on.
they could not locate the what was causing the noise and recommended that the car was to be stripped down (at a cost)
1 mechanic said he thinks the car has been involved in an unrecorded accident, and after going round with a touch found spray paint on parts of the car there shouldnt be.

I let the finance company know of these findings and sent the report to them, they said that they have been trying to contact the dealer but the dealer wasnt helping and didnt really want to know, I let the FC company know that we may proceed to court if we dont get the money back as we were not happy with the car. they gave us good information, told us to go to CAB, Trading standards and the financial ombudsman; which we did, CAB said to only speak to FC and get a refund, sales of goods act. Trading standards actually visited the dealer as there were concerns, the FO said that they can only get involved after 8 weeks.

after more calls to the FC they said they have escalated the complaint, and that I would get a call back from the operations manager we waited, i only used the car every now and again but i wouldnt put my kids in the car as it didnt feel safe.

on the 8th week on when i started to complaint with the FC company the OPs manager called and said that they have exhausted the attempts with the dealer and blacklisted them, however they can not retrieve the refund and that we have to keep the car and continue making the payments. he said that they may pursue legal channels to collect the money.
He then said to me that how we bought the car is different from all sales as that the contract of sale is between Me, the FC and the dealer and that i can take either one to court , he said that i would need to take the Dealer to court for the car value less usage costs or take the FC to court after failing to keep the contract and issuing a refund; he said just sending a letter to the FC saying my intentions will force their legal team to pursue in collecting the money by threatening court to the dealer

I asked him to clarify the usage costs which he said would be around £700, again im not happy about as i have not been able to use the car which it was intended and take my family places.

Now i dont know what to do next, currently im paying £170pm for the finance, £20pm Tax and £230 insurance, im not happy paying the usage costs as they said it will go up the longer i own or use the car, I have decided to buy another car for £1000 and obviously tax and insure it, im well out of pocket and i want all this to end.

the dealer have said they are refusing a rejection and i have no right.
The Fc say take either to court or get help from FO or go and trade the car in at the value of £4600 and get another car, they will alter my policy, less £500 and the handling fee and reduce the interest out of good will, but i dont want someone else falling fail of this car.

1. Do i take the Dealer to court and claim back the £5900 + £1000 in consequential losses & fees.
2. Do i Take the FC to court for the full amount, losses and fees
3. Do i keep the car or scrap it
4. do i take the Dealer to court, and then the FC

Im exhausted as i have been off of work ill, had an operation, due another next month and i have run out of savings. im willing to go to court but i want to know if i have a case and what the likelihood it will go in my favour, i dont have the money for a solicitor

thanks for your time if you still reading, any information is appreciated

Video of noise:
https://drive.google.com/open?id=0B_...1VSR0V0ZlR0R0U

[des8]

Re: Reject Faulty Car - Who do I take to court

Hi and welcome

What sort of finance do you have?

Assuming HP you have exercised your short term right to reject and there is no deduction for usage.
Initiate court action against the finance company.

Tagging [MENTION=71570]R0b[/MENTION]

[matrixsteele]

Re: Reject Faulty Car - Who do I take to court

Hi and welcome

What sort of finance do you have?

Assuming HP you have exercised your short term right to reject and there is no deduction for usage.
Initiate court action against the finance company.

Tagging @R0b

The car is on HP.
I hope i exercised my right, here is what i sent to them via email in there own complaint form they sent me, it was with the 30 days:

Outcome

What outcome are you looking for? Dependent on issues, either the car to be fixed or reject and send back to the dealer for a refund. I do not have the money to get the car fixed if it is going to cost a lot, also I do not believe I should pay for it and risk the warranty company not paying

Additional information

Is there anything further you wish to mention? I do not think I can afford the repairs this side of Christmas, so if the cost is extensive, I would like to return the car and fully reject it. I have since had the car inspected and the mechanics have noted that they can replicate the noise whilst driving but can not see a visual fault, for the mechanics to confirm the exact fault they will charge £70+VAT per hour, and then parts and costs to repair. The Hand-break requires adjusting but we were told that all the breaks are heavily worn and when these are replace the hand-break can be adjusted at the same time. Indicator stalk needs replacing. The rear washer jet is missing, and due to this water has entered inside the boot hatch causing damage to the electrics and the metal work (bulbs have now been replaced due to corrosion and ingress) Start – Stop intermittently working could be due to low voltage in the battery. So far the costs alone for parts is over £800 and that does not include the labor, nor does it include the inspection or fixing of the noise on the rear of the car. Attached is the write up following the mechanics inspection. I can provide video recordings of the noise if necessary .

- - - Updated - - -

Shall i send a letter of intent to both or shall i just choose one, also can i put on there that im claiming losses as i have needed to but a replacement car that i can actually use, but its not to the same standard of a car i originally wanted to purchase

[des8]

Re: Reject Faulty Car - Who do I take to court

I'm sorry to say you have given them 2 options:
1)repair
2)reject

Having requested a repair you cannot reject until they have had one attempt at repair and failed, or haven't carried out the repair within a reasonable time or have refused to repair.

You can ignore the warranty bit (that is in addition to your statutory rights)

However from your post it seems the FC have said they cannot repair the vehicle,which enables you to confirm your short term rejection as the vehicle is unsatisfactory.
This allows you a full return of all monies paid without deduction for usage (but to be on the safe side you should cease using the car.
As they have agreed they are not having the vehicle repaired your refund has to be made within two weeks.
And you are claiming damages of £xx, being direct extra costs caused by unsatisfactory condition of vehicle
This is all as per Consumer Rights Act 2015

So write( signed) for to FC as above, and tell them that if they do not comply you will initiate court action without further reference.

[matrixsteele]

Re: Reject Faulty Car - Who do I take to court

I'm sorry to say you have given them 2 options:
1)repair
2)reject

Having requested a repair you cannot reject until they have had one attempt at repair and failed, or haven't carried out the repair within a reasonable time or have refused to repair.

You can ignore the warranty bit (that is in addition to your statutory rights)

However from your post it seems the FC have said they cannot repair the vehicle,which enables you to confirm your short term rejection as the vehicle is unsatisfactory.
This allows you a full return of all monies paid without deduction for usage (but to be on the safe side you should cease using the car.
As they have agreed they are not having the vehicle repaired your refund has to be made within two weeks.
And you are claiming damages of £xx, being direct extra costs caused by unsatisfactory condition of vehicle
This is all as per Consumer Rights Act 2015

So write( signed) for to FC as above, and tell them that if they do not comply you will initiate court action without further reference.

They have refused to repair it to the FC, saying i wanted to reject the car was the final thing i pretty much said in the complaint email. i also said it over the phone
I have just drafted a letter with the intent to take the FC to court

[matrixsteele]

Re: Reject Faulty Car - Who do I take to court

I have just spoke to the Financial Ombudsman and they have said that i don't have a case for court as the faults on the car are classed as wear and tear, and easily fixed, and the noise at the rear isn't fully diagnosed.
My issue is i dont want to spend money on the car at all, the dealer has had 2 months to fix the car or even attempt to but they are also refusing to fix the car.

Please help, im loosing sleep.
Below is the letter before action that im sending, is it ok?

DearSirs
Reference: Mitsubishi
Asit has not been possible to resolve this matter amicably, and it isapparent that court action may be necessary, I write in compliancewith the Practice Direction on Pre-Action Conduct.
On12/09/2017 I purchased, and took delivery of, the above vehicleMitsubishi ASX from DEALER. On 09/10/2017Idiscovered that it was not of satisfactory quality: Loud audiblenoise coming from the rear of the car.
Uponhaving the car checkedby two branded garages they have both found multiple faults on thecar which affects the safety.
TheConsumer Rights Act 2015 requires dealers to supply goods ofsatisfactory quality. However, the vehicle is clearly unroadworthy.You are therefore in breach of contract.
Yougave me an unsatisfactory resolution for me to pay to repair the car,and/or claim on the warranty, I chose to reject the car but this wasdeclined.
Iam legally entitled to reject the vehicle and to be reimbursed forits full purchase price of £5900. I look forward to receiving yourcheque for this sum within 14 days.
Fromyou I am claiming a full refund of the car at the purchase price, andif taken to court, consequential losses, interest and fees
Ihave calculated this sum:

• £8599 Credit and fees of the car as per agreement
  
• £1000 forced purchase of alternative car*
  
• £230 Per Month for Insurance*
  
• £20 Per Month Road Tax*

*Theabove is claim for consequential losses as a result of you nothandling the complaint correctly and legally. Multiple attempts toresolve the complaint via the Finance Company but you failed to cometo a resolution in a timely manner, resulting in purchasing a car,having to make it road legal EG TAX and Insure it, whilst alsokeeping the Mitsubishi Road legal although unroadworthy.

• Listed below are the documents on which I intend to rely in my claim against you:

1. Sales receipt
   
2. Report From ProTyre
   
3. Report From Halfords Autocentre
   
4. Copy of finance agreement
   
5. Emails and call records
   
6. Video and photographic evidence of the car

Inaccordance with the Practice Direction on Pre-Action Conduct I wouldrequest that you provide me with copies of the following documents:

• Full account details of the complaint, any notes of responses from DEALER
  
• A copy of the Finance Agreement

Ican confirm that I would be agreeable to mediation and would considerany other system of Alternative Dispute Resolution (ADR) in order toavoid the need for this matter to be resolved by the courts.
Iwould invite you to put forward any proposals in this regard.
Inclosing, I would draw your attention to paragraphs 15 and 16 of thePractice Direction which gives the courts the power to imposesanctions on the parties if they fail to comply with the directionincluding failing to respond to this letter before claim.
Ilook forward to hearing from you within the next 14 days.
ShouldI not receive a response to my letter within this time frame then Ianticipate that court action will be commenced with no furtherreference to you.
Yoursfaithfully,

[ostell]

Re: Reject Faulty Car - Who do I take to court

Suggest you up that 14 days to 30 in line with latest pre Action protocol.

[des8]

Re: Reject Faulty Car - Who do I take to court

There is no way you will obtain the purchase price of the Mitsubishi as you haven't paid for it.
All you are entitled to is a return of your deposit and the instalments you have paid on the finance.

The replacement car you bought is just a car you bought. You can't claim for it if you obtain a return of the outlay on the Mitsubishi.
Your additional insurance premium (after refund for cancellation) and excise duty (ex refund for cancellation) are legitimate claims.

If it comes to court you will probably want to keep your claim to under £10000 to ensure it is allocated to the small claims track.

I would also leave the 14 day time limit as the new protocol applies to businesses claiming payment for debt. You are not a business

[matrixsteele]

Re: Reject Faulty Car - Who do I take to court

There is no way you will obtain the purchase price of the Mitsubishi as you haven't paid for it.
All you are entitled to is a return of your deposit and the instalments you have paid on the finance.

The replacement car you bought is just a car you bought. You can't claim for it if you obtain a return of the outlay on the Mitsubishi.
Your additional insurance premium (after refund for cancellation) and excise duty (ex refund for cancellation) are legitimate claims.

If it comes to court you will probably want to keep your claim to under £10000 to ensure it is allocated to the small claims track.

I would also leave the 14 day time limit as the new protocol applies to businesses claiming payment for debt. You are not a business

I know I won't get the full amount from the dealer, I just want the account settled without any charges as I'm well out of pocket.

I was hoping buy adding in the losses they see sense and just close the account.

Your a great help