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Car Rejection Consumer Credit Act 2015

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  • Car Rejection Consumer Credit Act 2015

    Hi,

    Test drove a 2nd Hand Genesis EV and agreed a deal (just under £40k) for cash purchase. I mentioned following the test drive that the brakes made a noise when coming to a halt. The salesman advise that this would sorted before I collected the car.

    Picked up the car on 3rd October and noticed the same braking noise over the next few days. Emailed the dealer on 10th October to record the issue, who stated he was surprised as the car was checked before I picked it up (further confirmed in an email)

    On 11th October, the car broke down due to a 12v battery issue. Genesis were called and the AA attended, advising of a fault. The car would need to be recovered to a main dealer local to me.
    The AA also, at my request, looked at the wheels and advised that 1 front disc was scored, and 1 rear disc rusted/pitted. A hire car was supplied for my use

    I emailed the supplying dealer with photos of the scored and damaged discs. They rang me and stated that they would cover any work required to the brakes
    I advised that all discs needed replacing, although the dealer it was taken to did not pick this upon inspection - but did advise the front discs were rusted and needed replacement
    I advised the dealer not to repair the 12v battery issue without my authorisation.
    An invoice was sent across to my supplying dealer on Friday 18th October for the replacement disc and pads (£2500)

    On Monday 21st October the supplying emailed and stated that I would get a 'conclusive update' that afternoon - but no further update transpired
    On Tuesday 22nd October at 1100 I advised a deadline of 1400 that day for the work to be authorised, or I would reject the car.
    There was no response, and at 1400 I rejected the car due to both the disc issue and the breakdown
    No response to this email; I rang the salesman who advised that the email had been passed up to the Sales Director

    Since the 22nd the dealer has not made any contact to dispute or update me on the rejection and refund of £40k, which is due by 5th November
    Have sent an email to the Sales Manager and the Sales Director on 30th October, but there has still been no update

    I am thinking of emailing on 31st October that if the money was not refunded by 5th November I would start court proceedings to recover the money

    Any advice welcome

    Regards



    Tags: None

  • #2
    Hi
    Welcome to LB
    As your claim will be for over £25k the court may allocate it to the multi-track, although your claim doesn't sound that complex.
    You paid a lot of money for a prestige manufacturer's car, the dealer promised the brakes would be fixed before you took delivery but failed to do this, and the car broke down 8 days after you took delivery.
    IMO the car was not of satisfactory quality under CRA 2015
    You have rejected the car within 30 days of delivery which is your short term right to reject. You do not have to give the dealer a chance to repair the fault

    Please read EX305, The Fast Track and the Multi-Track in Civil courts
    Procedures in both these tracks are more complicated than the small claims track and you may be well advised to seek a solicitor's help with your claim.
    You could write your own LBA, but the dealer may take more notice of it if it is written by a solicitor.
    If you decide to take this route, there are many solicitors advertising their services on the internet

    Why is the replacement of one brake disc and 4 pads so expensive (£2.5k)? Has the dealer fainted at the price?
    Last edited by Pezza54; 31st October 2024, 11:14:AM.

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Hi
      Welcome to LB
      As your claim will be for over £25k the court may allocate it to the multi-track, although your claim doesn't sound that complex.
      You paid a lot of money for a prestige manufacturer's car, the dealer promised the brakes would be fixed before you took delivery but failed to do this, and the car broke down 8 days after you took delivery.
      IMO the car was not of satisfactory quality under CRA 2015
      You have rejected the car within 30 days of delivery which is your short term right to reject. You do not have to give the dealer a chance to repair the fault

      Please read EX305, The Fast Track and the Multi-Track in Civil courts
      Procedures in both these tracks are more complicated than the small claims track and you may be well advised to seek a solicitor's help with your claim.
      You could write your own LBA, but the dealer may take more notice of it if it is written by a solicitor.
      If you decide to take this route, there are many solicitors advertising their services on the internet

      Why is the replacement of one brake disc and 4 pads so expensive (£2.5k)? Has the dealer fainted at the price?
      Hi,

      Thanks for your response. The EV has 21'' wheels with large discs and Hyundai quoted this cost

      My concern is that, if they terminate the hire car, I will be without transport until the court rules.
      I have made contact the dealers head office this morning and seem more proactive.

      Regards

      Comment


      • #4
        I didn't realise genesis is part of Hyundai. Now the price for the brakes does seem really over the top

        Hopefully an acceptable agreement can be reached with the dealer. You may have to wait over a year for a court trial. The only winners will be the lawyers

        Comment

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