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30 Day Short Term Right to Reject Refusal - Faulty Vehicle

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  • 30 Day Short Term Right to Reject Refusal - Faulty Vehicle

    Hi all,

    I've read so many threads on here with similar issues which have been really helpful, but I wanted to post my specific case for advice/opinion.

    Car purchased on 18/01/24 for £10,995.
    Upon driving the car home heard a short crunching noise from the gearbox
    Notified dealer of this on 23/01/24
    Took the car back to dealer on 27/01/24 where they took it to a garage and did a software update (ECU/Dashboard, not gearbox) and 10 minute test drive to which they didn't hear the crunch. On this visit the sales manager stated he hoped the software update worked or it could be a 'four figure fix'.
    Drove the vehicle home and heard the crunch, emailed them to say the problem was not rectified
    Notified them on the 30/01/2024 that we would be rejecting the vehicle as per The Consumer Rights Act (2015). subsequent telephone call had with sales manager where he offered us two options of a replacement vehicle, to which we declined and stated we simply wanted a refund. Were told we would have confirmation of said refund by email in 24 hours.
    Did not receive this so called dealer who told us the director would be in touch
    Director continues to refuse refund stating we have to give him the right to repair, as per CRA (2015) we do not which I continued to state to him and continued to ask for a refund. This was being ignored.
    Agreed for the car to be taken to a specialist of their choice as they were leaving us little option, car dropped back to sales garage on 10/02/2024. Dealer still stating they could still not hear this noise so didn't think a fault was present.
    No update from sales garage so contacted specialist on 23/02/2024 who confirmed he had heard the crunching noise on two occasions and if the first options of repair wouldn't work it would potentially be a gearbox rebuild/replacement.
    Confirmed in writing again to sales garage/company director on that based on a specialist agreement that the car has a fault we are still exercising our right to refund. Director stating we were wrong to contact specialist and that they ask we do not contact them again and that they are still declining the refund and would repair the car.

    I'm about to send an LBA - I'm willing to initiate court proceedings as I do feel the dealer is completely in breach of The Consumer Rights Act (2015) but just wanted some other opinions.

    Thanks in advance and for if you continued to read this long post!
    Tags: None

  • #2
    Hi Moorlands

    Welcome to LB

    How did you pay for the car?

    Comment


    • #3
      Hello,
      Deposit of £495 on debit card and the rest by bank transfer - lesson already learned to pay at least the deposit by credit card

      Comment


      • #4
        How did you do the following?

        'Notified them on the 30/01/2024 that we would be rejecting the vehicle as per The Consumer Rights Act (2015)'

        Comment


        • #5
          Via email in writing

          Comment


          • #6
            Originally posted by moorland95 View Post
            Via email in writing
            Send a Letter Before Action, make sure you get Proof of Postage.

            Use a template.

            https://www.citizensadvice.org.uk/la...-court-action/

            You could also contact / Trading Standards, explain the situation, they will give you a Ref No.
            Add that to your letter as follows: CAB / TRADING STANDARDS Ref. No. XXXXXXXXXXX

            Comment


            • #7
              Thanks ECHAT11
              I’ve sent this via email today and will also post tomorrow.
              Already logged with CAB who send the case notes to trading standards automatically but did not think to put the reference on there.

              Comment


              • #8
                When you rejected the car, did you state the car is available for collection at a convenient time to be agreed?
                If the dealer refuses your request to reject the car and collect it, you should park the car on your drive and not use it. You should warn the dealer you will be adding a charge (£5/day) to store the car and will be adding the final storage charge to your claim

                Comment


                • #9
                  When we rejected the car we advised them the car would not be used, since the rejection it got taken back to the dealer to send to their garage of choice who have since confirmed the fault and the car is still in their possession.

                  Comment


                  • #10
                    Sorry I misread your thread.
                    It was the dealer that took the car to a specialist of their choice.
                    All you have is a phone call to the specialist engineer in which he confirmed he had heard the crunch noise
                    As the dealer is probably paying for this engineer's diagnosis you are unlikely to receive a copy of the report
                    The engineers report might not tally with what you were told on the phone and you will have difficulty proving the conversation

                    For your claim to succeed you have to prove the car had a serious fault This maybe difficult if you haven't got possession of the car

                    Comment


                    • #11
                      No problem!
                      That’s my concern, the specialist even said he advised the dealer to give our money back and that it’s a potential complete gearbox rebuilt, new clutch etc. As you say though this was only over the phone so I did call back and ask if we could be copied in on or receive the report too, which the specialist did agree to but since the dealer has asked us to not contact the specialist and that all of the dealings with them must go through him, we are unlikely to receive this report now. This is such a stressful situation, I do not want to deal any further with the car dealer as they’ve been so sly and untrustworthy!

                      Comment


                      • #12
                        Originally posted by moorland95 View Post
                        No problem!
                        That’s my concern, the specialist even said he advised the dealer to give our money back and that it’s a potential complete gearbox rebuilt, new clutch etc. As you say though this was only over the phone so I did call back and ask if we could be copied in on or receive the report too, which the specialist did agree to but since the dealer has asked us to not contact the specialist and that all of the dealings with them must go through him, we are unlikely to receive this report now. This is such a stressful situation, I do not want to deal any further with the car dealer as they’ve been so sly and untrustworthy!
                        You could send the Dealer a Subject Access Request, he has 30 days to provide all the data he holds in your name. Make sure you get Proof of Postage.

                        If you are lucky, you might get a copy, if you don't get a copy, then you can show the Court, that you tried to get a copy, but the dealer didn't fully comply with your request.

                        https://legalbeagles.info/library/gu...ccess-request/

                        Comment

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