Taking a car dealer to court for refund - Consumer Rights Act 2015

[FastEdd1e]

We need, sadly, to take a car dealer to court to get a refund on a car purchase.
I've identified the parts of the CRA but before I begin the process I wanted to see if there were any nuggets I should know about.

Thanks in advance.

[des8]

Presumably you have rejected the vehicle and the trader said no?

More details of the situation would be useful

[FastEdd1e]

Presumably you have rejected the vehicle and the trader said no?

More details of the situation would be useful

My mistake.

We rejected the vehicle based on a known and agreed fault at point of sale.
Our garage found the vehicle to be dangerous due to suspension being corroded from the frame (forgive my description). They are superb btw and look after all our cars.
The vehicle is SORN at our home.
We have the report.
The dealer refused a refund.
We offered an RAC or AA inspection (at our location) - they refused.
Their final position is that we should take the vehicle to them, leave it with them and they will get a report by their chosen mechanic. I refused - it is our vehicle and they cannot be trusted.

We had a discussion over email for 2 weeks.
I gave them 2 weeks to refund the monies plus our costs. That expired yesterday.

I've all the emails, receipts, reports, everything.

TIA.

[des8]

I don't fullly understand what you mean by "We rejected the vehicle based on a known and agreed fault at point of sale"
Are you saying you were aware of the fault when you purchased the vehicle, and this was agreed with the trader at the point of sale?

What date did you take delivery of the vehicle, and what date did you ffirst inform the dealer you were rejecting it?
What was the age of the vehicle and the recorded mileage?
What was the cost and how did you pay for it: cash/debit card/credit card/ finance?

[FastEdd1e]

I don't fullly understand what you mean by "We rejected the vehicle based on a known and agreed fault at point of sale"
Are you saying you were aware of the fault when you purchased the vehicle, and this was agreed with the trader at the point of sale?

What date did you take delivery of the vehicle, and what date did you ffirst inform the dealer you were rejecting it?
What was the age of the vehicle and the recorded mileage?
What was the cost and how did you pay for it: cash/debit card/credit card/ finance?

The fault was agreed at the point of sale and noted on the sales receipt.
We bought it on 31/08/2022 - told them of the rejection 24/10/22 when our garage had it to fix the 'agreed fault' a ball joint-
The garage would not do the work as the vehicle should be scrapped due to - Bushes unserviceable, front and rear, suspension needed replacing - severe corrosion on the subframe - Suspension components corroded away from the axle (Dangerous)

The dealer had no done a pre-sale inspection - admitted at the point of sale. He only had to car for a couple of days, it was a trade-in.
Cost £2,750 - paid by credit card, debit card.

My understanding, and advice, is that the CRA covers us for a full refund.

Your guidance is welcome.

[des8]

As you rejected the vehicle after the first thirty days you must allow the dealer one attempt to bring it back to a satisfactory condition.

Note the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

[FastEdd1e]

As you rejected the vehicle after the first thirty days you must allow the dealer one attempt to bring it back to a satisfactory condition.

Note the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Thanks.

My understanding is that as the problem was what was identified and agreed at the point of sale we can reject the vehicle.
The additional problems simply add to the fact that the trader did not do any pre-sale inspection and was negligent.

We offered the dealer the chance to have an agreed independent inspection but they refused. They wanted us to return them the vehicle, at out cost, so they could do an 'independent' inspection - we have no trust in letting the dealer have the vehicle without a refund.

Is it not reasonable to state that our garage's inspection was independent and honest?

Thanks again.

[des8]

You cannot reject the vehicle as unsatisfactory if you purchased it with full knowledge of the fault prior to delivery.

You can only reject it because it was unsatisfactory by reason of faults you discovered after delivery

You are at the stage where on rejecting the vehicle you have to allow the trader one attempt at restoring it to a satisfactory condition.
As you are rejecting it you have the duty of making it available to the dealer.
Until he has inspected it and decided whether or not to repair it (if necessary) or refund your money (less a charge for usage) you have no hope of winning a claim

Have you read the Consumer Rights Act 2015 ( https://www.legislation.gov.uk/ukpga...ents/enacted)?

[FastEdd1e]

[QUOTE=des8;n1631177]You cannot reject the vehicle as unsatisfactory if you purchased it with full knowledge of the fault prior to delivery.

You can only reject it because it was unsatisfactory by reason of faults you discovered after delivery

So, we have found faults so serious that the car is unroadworthy and dangerous to drive. Our garage tells us that the faults are not new and would have been there for a good while.
We have only drive a few hundred miles in the car since it was purchased. It's only used for the school run and to the station.

The dealer has refused to have it inspected at our home. It cannot be driven.

Do these above two points make a difference?
I was under the impression that we could reject it for known faults.

I have the the Consumer rights act and my interpretation is that we can reject it as it is unfit for the purpose it was bought for. The dealer was also negligent in not carrying out any inspection.

Thanks again.

[des8]

Sec 20 (7) (b) of CRA 2015 states:

From the time when the right [to reject] is exercised—
(a.....................
(b)the consumer has a duty to make the goods available for collection by the trader

Making it available for inspection on your drive does not comply with your statutory duty.
It is up to the dealer to collect it, not for you to deliver it

You purchased the vehicle aware that a ball joint needed replacing anf that the dealer had not carried out a pre sale inspection.
You cannot use those points as a reason for rejecting the vehicle
If you didn't like the description you could have walked away. It is no use complaining later.

You say the vehicle is unroadworthy, yet you use it for the school run !!!!!!!!!!!!

[FastEdd1e]

Sec 20 (7) (b) of CRA 2015 states:

From the time when the right [to reject] is exercised—
(a.....................
(b)the consumer has a duty to make the goods available for collection by the trader

Making it available for inspection on your drive does not comply with your statutory duty.
It is up to the dealer to collect it, not for you to deliver it

You purchased the vehicle aware that a ball joint needed replacing anf that the dealer had not carried out a pre sale inspection.
You cannot use those points as a reason for rejecting the vehicle
If you didn't like the description you could have walked away. It is no use complaining later.

You say the vehicle is unroadworthy, yet you use it for the school run !!!!!!!!!!!!

The vehicle has been SORN since the garage said it was dangerous. It is sat here rusting away.
We have made it available to the dealer but he refused to collect it.
The reason we want a refund is because the car is unroadworthy and dangerous. It was like that at time of purchase, unlikely we have caused the problems which have been found.
The dealer failed to inspect it prior so has nothing to fall back on.
The repairs are not economical as a huge part of the rear subframe needs welding and lots of suspension components have failed as part of the thing rotting away.

[des8]

Glad to read you are not driving it.

If the dealer has refused to collect the vehicle and so by implication failing to repair or to replace it you may execrcise the final right to reject as per
CRA 2015 sec 24 (5)

So make a claim under sec 75 of the Consumer Credit Act 1974 against your credit card issuer before initiating court action.
Its easier and less stressful!

[FastEdd1e]

Glad to read you are not driving it.

If the dealer has refused to collect the vehicle and so by implication failing to repair or to replace it you may execrcise the final right to reject as per
CRA 2015 sec 24 (5)

So make a claim under sec 75 of the Consumer Credit Act 1974 against your credit card issuer before initiating court action.
Its easier and less stressful!

Thank-you so much.
I've had a head injury so am not great at joining dots. This guidance is important.

Thanks again.

[FastEdd1e]

Hi.

So, I've received a full refund from the credit card provider. It came in early Dec.
The car is still outside my home.
No contact from the dealer.
What do I do with the car?
Is it the property of the dealer now I have had the refund?

It would be good to get rid of it.

Any thoughts are always welcome.

Thanks.

[des8]

Well done on recovering your money

The car belongs to trhe credit card provider.
I would write to them recorded delivery:
Tell them you regard yourself as the bailee of the goods (vehicle reg no & make & model) which are being held at address and that they are available for their collection.
Advise them that they have xx days(at least 2 weeks) in which to make arrangements for collection.
After that time you will sell the goods, retaining the proceeds (less your selling expense) for them

This is per the Torts (interference with goods) Act 1977 Scedule 1

Others might have other ideas!