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Hello,
I purchased a Chrysler Grand Voyager from a car dealership called Cattedown Trade Centre in Plymouth on the 23/6/19. I paid a total of £3495 of which £2245 was cash and the rest was in part exchange of my old vehicle. A week later the car had broke down on the 1st of July 2019. I called the dealership and they advised me to take it to a garage to diagnose what the issue was. The garage I took it to said there was a leak which lead to the head gasket blowing and piston number 4 had seized. I informed the dealership which organised the car to be towed to their garage to be repaired.
The repair took 9 weeks and was returned to me on 24th August 2019. The car lasted 2 days before I had issues with it. The engine management light had come on with the error that piston number 4 was misfiring and kept stalling (the car is an automatic) and the front drivers side wheel had collapsed due to the top mount not being secure.I contacted the dealer once again on the 27th of August and they offered to repair the vehicle again.
The garage denied having touched the top mount even though the suspension would have been disturbed when the engine was taken out to rebuild it, but the car was eventually fixed and returned to me on the 10th of September. The car once again lasted 2 days before the EML had come on as piston number 4 misfiring and kept stalling. This time I contacted the dealer requesting a refund. The dealer came back to me and said they would only offer a partial refund of £1700 due to their cost of repairing the vehicle. I advised them that under the consumer rights act they had not supplied a car of satisfactory quality and that my rights had been breached. I never hear back from them since so on the 16th of September I wrote them a letter of rejection as below.
Cattedown Trade Centre Limited
Unit 1 113 CATTEDOWN ROAD,
PLYMOUTH,
DEVON,
PL4 0PN
16/9/19
Dear *******
Ref: ********* (reg)
On 23rd June 2019 I purchased, and took delivery of, the above vehicle Chrysler Grand Voyager from you. On 1st July 2019 I discovered that it was not of satisfactory quality: The vehicle broke down after having blown a head gasket. The vehicle was recovered and taken to your garage where it took 9 weeks to repair the vehicle and was returned on the 24th August 2019. The vehicle’s EML had come on and the vehicle kept stalling. This was reported to you on the 27th August 2019. The vehicles top mount was also faulty which caused the wheel to collapse making it undriveable. You collected the vehicle on the 30th of August 2019 and sent in for repair. The vehicle was returned on the 10th of September to me. On the 12th of September the vehicle was reported to you still suffering from the same issue of the EML coming on and stalling.
The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £3495. I look forward to receiving your cheque for this sum within 14 days.
If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
Yours faithfully,
As of yet they have nor replied to any of my correspondents so I will be looking to take it further.
My question is under the CRA I am allowed 30 days to reject the vehicle but it took the garage far longer to repair it taking it outside of the 30 days. Would I be right in saying I am still within the 30 day period as I have only physically had ownership of the car for 2 weeks, or would it be considered outside of the 30 days? I understand that if it is outside of the 30 days then I am only entitled to a refund minus any fair usage of the vehicle which is minimal. Am I right in saying the dealership is clearly breaching consumer rights by trying to charge me the cost of repair?
Also the initial garage that conducted the diagnosis charged me £195.00 including a storage charge for a few days while the vehicle was awaiting to be picked up by the dealers garage. I had assumed the dealer would be paying for this as they had asked me to take it to the garage to find out what is wrong with the vehicle but they refused to pay as they had not authorised this even though they had asked me to take it to a garage and stated that they do not pay for diagnosis. I paid the amount to recover the vehicle. Would I be able to make a claim for this also when claiming for the refund?
If they fail to respond by the 14th day what is my next step?
I appreciate any help you can give me.
I purchased a Chrysler Grand Voyager from a car dealership called Cattedown Trade Centre in Plymouth on the 23/6/19. I paid a total of £3495 of which £2245 was cash and the rest was in part exchange of my old vehicle. A week later the car had broke down on the 1st of July 2019. I called the dealership and they advised me to take it to a garage to diagnose what the issue was. The garage I took it to said there was a leak which lead to the head gasket blowing and piston number 4 had seized. I informed the dealership which organised the car to be towed to their garage to be repaired.
The repair took 9 weeks and was returned to me on 24th August 2019. The car lasted 2 days before I had issues with it. The engine management light had come on with the error that piston number 4 was misfiring and kept stalling (the car is an automatic) and the front drivers side wheel had collapsed due to the top mount not being secure.I contacted the dealer once again on the 27th of August and they offered to repair the vehicle again.
The garage denied having touched the top mount even though the suspension would have been disturbed when the engine was taken out to rebuild it, but the car was eventually fixed and returned to me on the 10th of September. The car once again lasted 2 days before the EML had come on as piston number 4 misfiring and kept stalling. This time I contacted the dealer requesting a refund. The dealer came back to me and said they would only offer a partial refund of £1700 due to their cost of repairing the vehicle. I advised them that under the consumer rights act they had not supplied a car of satisfactory quality and that my rights had been breached. I never hear back from them since so on the 16th of September I wrote them a letter of rejection as below.
Cattedown Trade Centre Limited
Unit 1 113 CATTEDOWN ROAD,
PLYMOUTH,
DEVON,
PL4 0PN
16/9/19
Dear *******
Ref: ********* (reg)
On 23rd June 2019 I purchased, and took delivery of, the above vehicle Chrysler Grand Voyager from you. On 1st July 2019 I discovered that it was not of satisfactory quality: The vehicle broke down after having blown a head gasket. The vehicle was recovered and taken to your garage where it took 9 weeks to repair the vehicle and was returned on the 24th August 2019. The vehicle’s EML had come on and the vehicle kept stalling. This was reported to you on the 27th August 2019. The vehicles top mount was also faulty which caused the wheel to collapse making it undriveable. You collected the vehicle on the 30th of August 2019 and sent in for repair. The vehicle was returned on the 10th of September to me. On the 12th of September the vehicle was reported to you still suffering from the same issue of the EML coming on and stalling.
The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £3495. I look forward to receiving your cheque for this sum within 14 days.
If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
Yours faithfully,
As of yet they have nor replied to any of my correspondents so I will be looking to take it further.
My question is under the CRA I am allowed 30 days to reject the vehicle but it took the garage far longer to repair it taking it outside of the 30 days. Would I be right in saying I am still within the 30 day period as I have only physically had ownership of the car for 2 weeks, or would it be considered outside of the 30 days? I understand that if it is outside of the 30 days then I am only entitled to a refund minus any fair usage of the vehicle which is minimal. Am I right in saying the dealership is clearly breaching consumer rights by trying to charge me the cost of repair?
Also the initial garage that conducted the diagnosis charged me £195.00 including a storage charge for a few days while the vehicle was awaiting to be picked up by the dealers garage. I had assumed the dealer would be paying for this as they had asked me to take it to the garage to find out what is wrong with the vehicle but they refused to pay as they had not authorised this even though they had asked me to take it to a garage and stated that they do not pay for diagnosis. I paid the amount to recover the vehicle. Would I be able to make a claim for this also when claiming for the refund?
If they fail to respond by the 14th day what is my next step?
I appreciate any help you can give me.
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