Used car faulty after six days from purchase.

[explorer121]

Re: Used car faulty after six days from purchase.

Good morning,

as no reply or collection taken place I am now keen to pursue with a LBA letter. Could you tell me what I have to outline etc ?
Your advice would be much appreciated.
I have drafted one which may be OK
Letter before court claim

Dear *************,

Re: faulty Fiat Punto ********

I have not received a reply to my letter dated 16.1.16 regarding the faulty goods which I bought from you on 31.12.2015. This letter explained what is wrong with the goods and why I am entitled to a refund.

I am once again requesting a full refund of the purchase price of ££3749+£149.40 (Fiat diagnosis) on the grounds that the goods were not fit for purpose under The Consumer Rights Act 2015 and from 13 June 2014 the Consumer Contracts Regulations cover distance selling regulations.. I enclose a copy of the proof of purchase.

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours sincerely

[CLL1]

Re: Used car faulty after six days from purchase.

On the basis that what you have said is accurate you can reject the goods by virtue of the Consumer Rights Act 2015, under secs 9 (goods not of satisfactory quality) & probably 11 (goods not as described [?good condition].
Sec 20 details your right to reject and end the contract.
You have to make the goods available for the dealer to collect (or return at his expense)
You are entitled to a full refund.

Did you use a credit card in the purchase?

The trader must first be given one opportunity to repair or replace.

[explorer121]

Re: Used car faulty after six days from purchase.

Thank you for your input, not entirely sure it is correct though.

[CLL1]

Re: Used car faulty after six days from purchase.

Well, it is correct.

S.24(5) of the CRA provides that a consumer may only exercise the final right to reject or request a price reduction if one of the following applies:
- After one repair or one replacement, the goods do not conform to the contract;
- The consumer can require neither repair nor replacement of the goods because this is impossible; or
- The consumer has required the trader to repair or replace the goods, but the trader is in breach of its obligation to do so within a reasonable time and without significant inconvenience to the consumer.

I would point out that I am lawyer.

[explorer121]

Re: Used car faulty after six days from purchase.

Thank you for the detailed reply. I agree but as the vehicle was first diagnosed and the air bag light reset, along with other faults, on Monday 11.1.16 (documented) by my local mechanic a further diagnostic was agreed with the Trader at my local Fiat dealership, he also agreed in writing to pay the costs. The Trader did not like the findings, I would not go anywhere else with such an important safety issue.
The findings by Fiat were questioned by the Trader and then I exercised my right to reject the sale.
Interesting article written for Motor Dealers by Lawgistics,
Short Term Right to Reject

This is new and is designed to allow
consumers to return goods for a full refund if a fault appears in the first 30 days of ownership. The customer
does not have to give you an opportunity to repair in this first 30
days.

However, if the customer wants to exercise this Right they
must:

1. Prove there is a fault Documented by Fiat and delivered by Trader in person acknowledging fault.

2. Prove that the fault was present at the point of sale (as above)

[des8]

Re: Used car faulty after six days from purchase.

The trader must first be given one opportunity to repair or replace.

Not if it is rejected within the first thirty days. Consumer Rights Act 2015 Sec 20 & 22 Short term right to reject.
Sec 24 is concerned with the final right to reject


I'll return to the LBA later as per my PM

[CLL1]

Re: Used car faulty after six days from purchase.

He's not attempted to repair yet, so if you sue, your clam will fail. That's al I'll say on that matter.

- - - Updated - - -

Wrong. See post #19.

[CLL1]

Re: Used car faulty after six days from purchase.

Keep us posted!

[des8]

Re: Used car faulty after six days from purchase.

That's al I'll say on that matter..

Good! This is what Chartered Trading Standards Institute ( https://www.businesscompanion.info/e...mrighttoreject ) have to say on the matter:
The short-term right to reject

If, when they are supplied, the goods do not meet the requirements above, there is a short period during which the consumer is entitled to reject them. This short-term right to reject goods lasts for 30 days unless the expected life of the goods is shorter, as with highly perishable goods. The right does not apply in cases where the only breach relates to an incorrect installation of goods.
If the consumer asks for repair or replacement during this initial 30-day period, the period is paused so that the consumer has the remainder of the 30-day period, or seven days (whichever is longer) to check whether the repair or replacement has been successful and to decide whether to reject the goods.
When a consumer rejects goods he can claim a refund. This would be a full refund or, in the case of hire, a refund for any part of the hire that was paid for but not supplied. He is also released from all his outstanding obligations under the contract - for example, the outstanding instalments in a contract of hire purchase. A refund must be given without undue delay, and in any event within 14 days of the trader agreeing that the consumer is entitled to a refund.
The trader is responsible for the reasonable cost of returning the goods except where the consumer is returning them to the place where he took possession of them - for example, the retail shop where he bought them. However, the consumer is not required to return the goods to this place unless this was agreed from the outset as part of the contract. Even if the consumer returns goods to the shop, he may in some circumstances be able to claim some or all of that cost from the trader - for example, where a motor vehicle breaks down and the consumer has to pay for a recovery service to return it.

[CLL1]

Re: Used car faulty after six days from purchase.

Best of luck with the advice and claim.

[Kati]

Re: Used car faulty after six days from purchase.

Not if it is rejected within the first thirty days. Consumer Rights Act 2015 Sec 20 & 22 Short term right to reject.
Sec 24 is concerned with the final right to reject.

page 8 on here?? (although the whole thing is informative )

[explorer121]

Re: Used car faulty after six days from purchase.

Thank you for your information which I have read with great interest. As a simple layman it now begs the question, who is right or wrong ? I need to pursue this without let up and advice re my LBA would be appreciated, many thanks.

[Amethyst]

Re: Used car faulty after six days from purchase.

You have a short term right to reject - without any requirement to allow the trader to repair or replace - which lasts for 30 days from delivery.

If the goods are delivered ( which they were) then return is at the traders expense UNLESS AGREED OTHERWISE in the contract/agreement.

[des8]

Re: Used car faulty after six days from purchase.

Sorry for delay but families sometimes get in the way!
I believe you bought the car from a dealer's advert, without seeing it, and it is now off road and not in use.
I would suggest the following, others might suggest alternatives:

Letter before Action

Dear Mr. ************,

Re: Fiat Punto ********

Having seen your advertisement for the captioned vehicle, I purchased it on on 31 December 2015, and took delivery on 9 January 2016.

The vehicle was faulty, as you were advised by letter on 16 January 2016, and I declared my intention to exercise my rights under the Consumer Rights Act 2016 to reject the goods.
I required refund of the purchase price £3749.00 and the cost £149.40 of diagnosing the faults by the Fiat main dealers XXXXXX
In view of your failure to respond I am also now claiming £10.00 per diem for loss of use from 30 January 2016 until the date that the refund is received.

The vehicle is at XXXXXXXXXXXXXXXXXXX............. awaiting collection by arrangement at your cost

If I do not receive a satisfactory response from you within 14 days of receipt of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs,
To avoid taking action through the courts I am willing to use Alternative Dispute Resolution

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I await your advices

Yours faithfully

[explorer121]

Re: Used car faulty after six days from purchase.

Good evening,
thank you for your time to look at this and I have amended the dates to reflect the documented times. i.e. purchase date by deposit 30.12.15 and delivery 10.1.16.
I will send out tomorrow and hopefully this will provoke a favorable response,
thank you again.