Rejecting new car on PCP

[AdamCz]

Hi, just before Xmas I collected my brand new car. A couple of days later the digital display / virtual cockpit briefly changed colour to red several times and 6 days later it got completely scrambled so that none of the display units such as speedometer etc were legible.
I immediately took the car to the dealer and had it diagnosed (within 6 days from having the car collected from the dealer). The finding was that the digital display is faulty and the car is unsafe to drive. The dealer suggested that I leave the car with them (as it is unsafe to drive) and they will order a new unit and replace. I didn't agree to leave the car with them as I did not accept that a brand new car should be repaired. As the car is on finance, I immediately wrote to the finance customer service to advise that I wish to reject the car.
4 weeks later I am still waiting for either the finance resolutions or the dealer to contact me. Having spoken to the finance customer service, they said they have up to 8 weeks to resolve the case but the case handler has not yet been appointed.
The car is currently sitting on my drive and I have had to make alternative transport arrangements. Understandably the entire situation is extremally inconvenient and frustrating. I am asking for full refund and for compensation for the costs incurred and inconvenience.
I would be grateful for any advice on my legal rights and how to best handle the situation. Any advice and guidance would be very much appreciated.

[des8]

I would be asking the finance house where they get their 8 week time limit.
Consumer Rights Act 2015 (CRA 2015) states:*(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

If they haven't yet started to process the claim I would suggest they are already in breach.

Point out also that you are claiming damages and any delay just increases those (CRA 2015 sec 19 (11) (a)

[AdamCz]

OK. Many thanks for your prompt response.*

[AdamCz]

Hi and thank you again for your prompt response. Can you take a quick look at the below email I am intending to send to the Finance house. *In addition I have some more questions that you may be able to advise on.
1)** *Should I contact the audi dealer as well as the finance house or just communicate with the finance house? My guess is that the audi dealer are not rushing to give me a refund but are not suggesting any alternative options either, other than repair, which I had already told them I would not agree to. *So they are not coming up with any other suggestions but just sitting on it. *
2)** *With regard to damages I haven’t stated what I’m seeking but I have the following in mind:*
- Insurance costs. The car is insured but sitting on the drive unused.*
- Interest on deposit paid. I have paid a large deposit of £15000 which is 40% of the car value. *There will also be the first installment on the PCP this month. I could have this money invested elsewhere.*
- I have had to make alternative transport arrangements for commuting to work. This has been very inconvenient.*
- Having a new car and unable to drive it and having the issue unresolved for weeks has caused stress not only to me personally but also to other members of my family.*
- Is there anything else I should be considering to include?*
*
Text of email to the finance house:
I am very disappointed you have not yet assigned a case handler since I raised the issue with you on 22 Dec 2019. When I spoke to you last week on Thursday 7th Jan 19. you advised me to contact the dealer directly as they may be able to agree to the refund and speed up the resolution of the case. I did contact the audi dealer that day (7 Jan) and they said they would call me back but unfortunately I have not heard from them since. In fact they have not made contact with me since they last investigated the fault on 20 Dec.*

You have advised me that you have 8 weeks to investigate and resolve the issue. *Can you please advise where you get this time limit from? Consumer Rights Act 2015 (CRA 2015) states: (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. As you know I am seeking damages and any delay will only increases those (CRA 2015 sec 19 (11) (a).*

We are in week 4 already. I would really appreciate that this issue is escalated and resolved as soon as possible. *

[des8]

Hi and thank you again for your prompt response. Can you take a quick look at the below email I am intending to send to the Finance house. In addition I have some more questions that you may be able to advise on.
1) Should I contact the audi dealer as well as the finance house or just communicate with the finance house? My guess is that the audi dealer are not rushing to give me a refund but are not suggesting any alternative options either, other than repair, which I had already told them I would not agree to. So they are not coming up with any other suggestions but just sitting on it. Only to confirm you have rejected the vehicle and require a full refund plus damages and for them to collect the vehicle at their cost
2) With regard to damages I haven’t stated what I’m seeking but I have the following in mind:
- Insurance costs. The car is insured but sitting on the drive unused. Yes
- Interest on deposit paid. I have paid a large deposit of £15000 which is 40% of the car value. There will also be the first installment on the PCP this month. I could have this money invested elsewhere.*you can try!
- I have had to make alternative transport arrangements for commuting to work. This has been very inconvenient.Claim any extra it is costing you (keep receipts, bus & train tickets car hire even if unavoidable or buy a cheap banger ?)
- Having a new car and unable to drive it and having the issue unresolved for weeks has caused stress not only to me personally but also to other members of my family. You won't get anything for stress
- Is there anything else I should be considering to include?*vehicle excise duty

Text of email to the finance house:
I am very disappointed you have not yet assigned a case handler since I raised the issue with you on 22 Dec 2019. When I spoke to you last week on Thursday 7th Jan 19. you advised me to contact the dealer directly as they may be able to agree to the refund and speed up the resolution of the case. I did contact the audi dealer that day (7 Jan) and they said they would call me back but unfortunately I have not heard from them since. In fact they have not made contact with me since they last investigated the fault on 20 Dec.

You have advised me that you have 8 weeks to investigate and resolve the issue. Can you please advise where you get this time limit from? Consumer Rights Act 2015 (CRA 2015) states: (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. As you know I am seeking damages and any delay will only increases those (CRA 2015 sec 19 (11) (a).
I consider the failure to assign anyone to consider the matter is causing an undue delay and may be brought to a court's attention.
Also note that any delay**only increases the quantum of the damages which I will be claiming.

Suggestions in red, final sentence deleted!

*

[AdamCz]

Excellent. Thank you very much for your help.*