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Hi, I've just joined the forum.*
I’d appreciate any advice on whether it is worthwhile to pursue a s75 credit card action or action against a car dealer under the Consumer Rights Act (CRA) in the following circumstances.
The background history is that we purchased a 3 year old used car from a dealer @ 100 miles from where we live (Dealer A). The car mileage was @ 28,000 and we paid @ £13,000 through part exchange and credit cards in March 2019. The car came with a one year warranty. The car experienced engine fault/emissions warning lights within 30 days of purchase and was taken to a local dealership (Dealer B) of the same car manufacturer. We contacted Dealer A regarding the fault and Dealer B sent a video of the inspection to Dealer A. Dealer A agreed that Dealer B should undertake the repair. Whilst we did not make any reference to the CRA (being unaware at the time) we now believe this constituted an opportunity for Dealer A to inspect and repair the fault at no cost to us. Whilst we have an email from Dealer B setting out the repairs, we do not have any financial information as we did not pay for it. We believe the car manufacturer warranty was used to cover the costs.* Two months later, the same warning lights came on and Dealer B effected a repair. A further month later, the same warning lights came on for the third time and Dealer B again effected a repair, replacing a part installed in the original repair. Both the second and third repairs were undertaken under warranty. At this stage we attempted to exercise our right under the CRA to reject the car, engaging the assistance of the CAB in drafting the letter. By phone, Dealer A insisted they needed to see a fault on 3 separate occasions before considering a rejection and as they had not physically seen the fault they would not pay a refund, and made no response to the letter. As the fault had been repaired the CAB advised that we should wait for the fault to recur and then restart the CRA process.
Three months on and the same warning light has recurred (10 months after the original purchase). Anxious not to make any further mistakes, we have not yet contacted either dealer or any other garage. The CAB have indicated we could pursue Dealer A again under the CRA and go down the s75 at the same time, whilst pointing out that any refund would be based upon the current value of the car. In original discussions, Dealer A had already stated “we would not like any offer they made”.
If we go down the CRA/S75route, we understand that we should not get the car repaired. The issue is complicated because the MoT is due in 6 weeks and the vehicle will not pass without repair. We have nowhere off road to park the car so obtaining a SORN is difficult and could potentially have an adverse impact on the car resale value if we failed in a CRA/S75 case.
Whilst we feel that continual recurrence of the same problem demonstrates the car is of unsatisfactory quality and we feel the dealer should in effect “pay” for the faults, we would welcome views on whether our case seems strong enough to take forward under CRA/s75 or whether we should cut our losses, get a repair under warranty and sell/part exchange the car.
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I’d appreciate any advice on whether it is worthwhile to pursue a s75 credit card action or action against a car dealer under the Consumer Rights Act (CRA) in the following circumstances.
The background history is that we purchased a 3 year old used car from a dealer @ 100 miles from where we live (Dealer A). The car mileage was @ 28,000 and we paid @ £13,000 through part exchange and credit cards in March 2019. The car came with a one year warranty. The car experienced engine fault/emissions warning lights within 30 days of purchase and was taken to a local dealership (Dealer B) of the same car manufacturer. We contacted Dealer A regarding the fault and Dealer B sent a video of the inspection to Dealer A. Dealer A agreed that Dealer B should undertake the repair. Whilst we did not make any reference to the CRA (being unaware at the time) we now believe this constituted an opportunity for Dealer A to inspect and repair the fault at no cost to us. Whilst we have an email from Dealer B setting out the repairs, we do not have any financial information as we did not pay for it. We believe the car manufacturer warranty was used to cover the costs.* Two months later, the same warning lights came on and Dealer B effected a repair. A further month later, the same warning lights came on for the third time and Dealer B again effected a repair, replacing a part installed in the original repair. Both the second and third repairs were undertaken under warranty. At this stage we attempted to exercise our right under the CRA to reject the car, engaging the assistance of the CAB in drafting the letter. By phone, Dealer A insisted they needed to see a fault on 3 separate occasions before considering a rejection and as they had not physically seen the fault they would not pay a refund, and made no response to the letter. As the fault had been repaired the CAB advised that we should wait for the fault to recur and then restart the CRA process.
Three months on and the same warning light has recurred (10 months after the original purchase). Anxious not to make any further mistakes, we have not yet contacted either dealer or any other garage. The CAB have indicated we could pursue Dealer A again under the CRA and go down the s75 at the same time, whilst pointing out that any refund would be based upon the current value of the car. In original discussions, Dealer A had already stated “we would not like any offer they made”.
If we go down the CRA/S75route, we understand that we should not get the car repaired. The issue is complicated because the MoT is due in 6 weeks and the vehicle will not pass without repair. We have nowhere off road to park the car so obtaining a SORN is difficult and could potentially have an adverse impact on the car resale value if we failed in a CRA/S75 case.
Whilst we feel that continual recurrence of the same problem demonstrates the car is of unsatisfactory quality and we feel the dealer should in effect “pay” for the faults, we would welcome views on whether our case seems strong enough to take forward under CRA/s75 or whether we should cut our losses, get a repair under warranty and sell/part exchange the car.
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