Car rejected under CRA 2015 - what now?

[lupalbrowne]

Hello All!

I have been lurking in the forum for a while. I have now decided to register and post to see if you can help me with the next steps after rejecting a car under Consumers Right Act 2015.

On 6th January 2024 I bought a car for £2,500. A few days later I took the car for a service. As part of the service, the garage identified error codes via OBD port testing. The most worrying of these codes indicated a correlation issue between camshaft and crankshaft which could indicate a major fault. The garage advised to check with a brand specialised in the car´s brand.

After leaving the garage, I drove home. I was very close to my place, when the red oil pressure light switched on. I stopped the car immediately and parked it as the red oil light could indicate a serious fault with engine lubrication.

After this on 13th January, I notified the trader about the dashboard light and error codes in writing. However, I told the trader that I would have the car checked by a specialist to give him the full picture of faults and be in touch. I booked with the specialist garage for 01/02/2024 (earliest appointment available) and only drove the car to take it to the garage to do further checks. Upon inspection, the specialist garage found the same error codes and additionally, on a road test, they pointed out to a noise in the gearbox indicating a fault with it. However, in order to understand the extent of the fault, they would need to dissemble the gearbox at a high cost to me. The report I have states "On road test, gearbox extremely noisy, requires attention, customer to rebook"

At this point, I decided that the car wasn´t worth it and decided to reject it exercising my rights under CRA 2015. On Friday 02/02/2024 (within 30 days) I formally wrote a letter to the trader requesting a refund or a repair should he be willing to fix the car (effectively me waiving my right to a refund should he wish to repair). After chasing the trader via WhatsApp I got a response a week later along the lines of:

- Please use the external warranty provided with the car for further investigation.
- I can only do something if there is a fault. Your report doesn´t indicate a fault just a noise.
- If there is a fault, it would be considered wear and tear as the car is 10 years+.
- He ultimately agrees to have the car checked in a third party garage but asks me to bring the car

At this point, realising that I could do with having further evidence, I went on to ring a local garage specialised in gearboxes and they tell me they can do a road test that same morning to check if there is an issue with the gearbox. I drove the car to the garage for the gearbox specialist to do a road test. Their assessment was the same as the previous garage, the gearbox makes a noise that indicates a fault. This will deteriorate until the gearbox breaks. They gearbox specialist provided me with a quotation for changing bearings at £1,200 or to fit a recondition gearbox at £2,120.

I sent this new piece of evidence to the trader. The trader said "The vehicle was NOT sold with a fault... it was purchased with customer satisfaction with your inspection / test drive.. I can only do something if there is a fault, not wear and tear". However, he suggested I took the vehicle to a third party garage to have it inspected. I accepted to do this although I had no obligation to take the car to the garage myself.

On 13th February 2024, I took the car to the garage the trader had booked. As soon as I arrived to the garage, when the car was idling, the garage manager told me that the car chain is rattling and sounds like there is an issue with the timing chain (correlation issue mentioned above). What´s more, he confessed to me that he had spoken to the trader and the trader has no intention of fixing the car. In fact, the trader asked the garage manager to say that all faults with the car were due to wear and tear - the garage manager told me he had no intention to fulfil this (illegal) request.
The garage manager told me that they wouldn´t be able to look at the car that day and asked me to come back the following week as they had too many cars to look at. I agreed and headed home. However, on my way home, the red oil management light came on again twice for a few seconds and then off.

As soon as I arrived home, I let the trader know about the issue with the garage being unable to take the car and the red oil management light. In light of this, I asked the trader to arrange for the car to be collected as driving it could further damage the car and didn´t seem safe. He flat out refused even though I pointed to the following subsection within CRA 2015:
Please note the following under provision "20 Right to reject, subsection (8)" of the Consumer Rights Act 2015:

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

In my email I also added the following:

The Consumer Rights Act 2015, clearly states that it is the trader´s responsibility to bear any reasonable costs of returning the rejected goods. Please arrange for the vehicle to be collected at my address as soon as possible. If you fail to communicate satisfactory arrangements for the collection of the vehicle within 5 working days, I will have no alternative but to start legal proceedings against you.

Despite this clarification, the trader confirmed that he would not be making arrangements for the vehicle to be collected. Following this, I decided to start legal proceedings under a Small Claims Court. I could really use the your wealth of knowledge here. Would you be able to provide guidance on the following questions?

• Is there something I should do now / shouldn´t have done?
• Should I consider pressing chargers regarding the trader asking the Garage Manager to falsify a report?
• Should I pay to obtain a full report from a reputable firm for the faults of the car or is what I have enough?
• What are the next steps?

Thanks you so much for your help!

[R0b]

Hi,

It's a bit late seeking help after the horse has bolted as you have already issued legal proceedings. If you have been a lurker for a while it would have been sensible to post before you started proceedings and then we may have been able to give better guidance.

In response to your questions (in the same order):

1. You should have sent a letter before action outlining the basis of your claim and the allegations being made against the trader, allowing them an opportunity to respond. If you didn't then you may be sanctioned with the court making an order for no costs you may be claiming as part of proceedings. Usually a rare occurrence in small claims cases but the court has the inherent right to do so if you failed to comply with the rules.

As we don't have sight of your particulars of claim, it's different to say what you should or shouldn't have said in there to strengthen your case.

2. What do you mean by pressing charges? Are you planning on bringing a private prosecution against the trader or something else?

3. Given that you rejected the car within the 30 day window, the burden of proof rests with the consumer to show the vehicle was faulty or defective. An independent report of the vehicle, the cause and when that cause was likely present would be the usual guidance I would give before starting proceedings. Since the fault occurred on the same day, you may get away with it but there may be questions why you left it until 13 January when the engine light happened on 6 January - that's almost a full week later.

Also to bear in mind is the age of the vehicle, the current mileage, service history etc. because that could affect whether or not you would be successful in your claim. If the engine light came on for a new vehicle then that would be worrying, but for a vehicle that has done 150k miles, is 10 years old and the service history is sketchy, then it may be arguable by the trader that it was not unreasonable for a consumer to accept that there may be issues with the vehicle they are purchasing. Granted, a trader should carry out an inspection of the vehicle to ensure it is roadworthy before sale but the question is how extensive should that inspection be, especially if the car has a valid MOT?

4. As for next steps, follow the court process and comply with the orders and timelines you are given by the court. If you don't you may find your claim being struck out or dismissed. Many individuals fail to recognise how time consuming court claims can be, they leave it to the last minute which can scupper their claim, only to then complain it is not fair.

[lupalbrowne]

Thanks Rob,

First of all, thanks for helping me out with your response.

1. I haven´t taken action i.e. started legal proceedings. I realise looking at my wording that I could have been clearer.

I did issue a letter before action to the trader within the 30 days outlining the basis for my claim and shared the report from the brand specialist garage regarding the engine timing issue and the gearbox issue. However, in the letter I just pointed out the loud noise identified by the garage as the reason for rejection - I realise I should have consulted the wording here but the 30 day period was about to run out and was experiencing quite a lot of stress at home and work.

2. I mean pressing charges against the trader separately to the small claims issue as he approached a garage requesting a falsified diagnostic. I am reluctant because it will likely be a massive hassle for little gain...

3. A bit of miscommunication here again on my end - apologies. I bought the car on the 6th Jan, took it for a service on 11th January and collected on the 13th January. On my way home, the red engine light came on. I notified the trader on that same day.

I note what you say about car´s age, etc. The car is 12 years old and 93k miles on the clock. However, the car was sold with 3 major issues i.e. engine timing, damaged gearbox and an engine lubrication problem and none of these were communicated to me. Service history is good with the exception of one period when the car wasn´t serviced for 20k miles or so…

4. Hopefully not applicable following clarifications.

In light of this new information, do you reckon it is worth starting legal proceedings or am I beating a dead horse?

Thanks again!

[lupalbrowne]

Hello again,

In my small money claim. Would I be able to claim for the car insurance I am paying, road tax, parking permit and so on or just for the value of the car?

Thanks again!

[Pezza54]

The dealer is giving you the runaround, sending you to a garage where your car wasn't properly booked in.
Have you checked your warranty, can you obtain a written diagnosis report and quote/estimate for repair? If the warranty has expired, the car too old, the dealer may have been guilty of mis-selling the car with an invalid warranty
Your car appears to be approaching end of life - beyond economic repair. Certainly not worth £2120 for a new gearbox.
Something else could soon go seriously wrong with the car after the gearbox is repaired or replaced.
The dealer is wrong about no fault being present when the car was sold. Under CRA the fault can be inherent, not obvious at the time of sale and the dealer is responsible
No point in pressing charges against the dealer separately, you don't have sufficient evidence
You should continue to use your short term right to reject the car and use the time while you are in possession of it to obtain a written report
Even though you initially agreed that the dealer can attempt a repair, you haven't lost your right

[lupalbrowne]

Hello! First of all, thank you to all those who helped me in deciding the best course of action. I have had my hearing this morning and my claim has been granted by the judge. However, I don't feel I'm out of the woods yet.

The judge has made clear that payment from the defendant is subject to me returning the vehicle within 7 days. Details to be agreed outside of court.

I have 2 questions:

1. Does time start ticking today or when the judgement is formalised I.e. letter received.

2. If the defendant fails to provide an address, can I return it to the company registered address?

Please let me know if I am missing something important.

Thanks in advance

[lupalbrowne]

Sorry to be a pain but can anyone help please?

[Pezza54]

A 1 If the judge just said within 7 days, I would take it as 7 days from the date of the hearing

A 2 Definitely not the registered address, it could be the company accountants address. Can you take it back to where you picked it up? Don't forget the paperwork, logbook etc

The judge did say details to be agreed outside of court. Did he or she mean after the hearing?

[lupalbrowne]

Thanks for clarifying 1. - That's what I thought.

Re 2. I have now received an address for the drop off. Really good news.

On your final point, that's what the judge said, and only when I prompted him, he said "details to be agreed outside of court". He also made clear that it was my responsibility to return the car to the defendant which I thought was at odds with CRA but assume this is not wrongdoing on the judge's part!?

Thanks for your help again Let's hope he pays...