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Faulty car and car dealer no longer appears to be trading as forecourt is empty

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  • Faulty car and car dealer no longer appears to be trading as forecourt is empty

    Hi,
    We placed a deposit on a Vehicle on the 10th June 2024 and collected the vehicle on the 2nd July. We were promised a 6 month warranty that the dealer said he would set up and it would be emailed by the warranty company. This never arrived. Unfortunately, on the way home from collecting the vehicle on the 2nd July, (late afternoon) the vehicle was making loud rumbling noises and just didn't feel right. It was also making clunking/creaking noises when going over humps/uneven ground. When we got it home, the rear nearside wheel was too hot to touch so we suspected a braking problem. We spoke to the dealer shortly before closing time that evening and he agreed that as they are a 50 mile drive away, we should take it to a local garage to be looked at. We took it to a garage that we usually use for MOT's etc and they said to us that the rear nearside wheel brake calliper was locked on and the front suspension spring was cracked. We asked for a report but he didn't give us one and dealt directly with the dealer that finally authorised repairs mid July and it took over 3 weeks for the spring to be replaced and the calliper repaired (not replaced like he said initially that he would do). We eventually got the car back and it still didn't feel right and the rumbling noise was still there. We spoke to the garage a week later (Mid August 2024) and informed them that there were still issues. He informed us that the dealer was now ignoring all of his calls and attempts to get paid for the work he carried out so he wasn't prepared to look at it until he was paid or the work he had done. The dealer initially spoke to us on the phone and kept promising that they would email the warranty documents and also collect the car for them to repair it but it never happened. We called the dealer for another update on 5th September and the line just rings off like there is an answer machine that is full. We went to the dealership a few days later whilst passing through the area and the forecourt was empty whereas upon collecting the car in July it was full of vehicles. Some guys came out of the office and said that the dealership was about to be wound up as they have been having financial difficulties and that we should make alternative arrangements to repair the vehicle as they wouldn't be able to do it. A few days later, the car notified us that there is a problem with the electronic parking brake and the car should not be driven. The brakes would not release so the vehicle is now undrivable. We spoke to citizens advice who emailed a template letter to send to officially ask for repairs or reject the vehicle. We opted to go down the repairs route again as we like the car so were reluctant to reject it so emailed the letter to the only email address we had for them. The letter officially requesting repairs to be carried out was sent by email on the 29th September. It was emailed as we dont have a working printer at present and citizens advice advised that a delivery/read receipt would suffice if it went further. A lady from accounts replied the following day and advised that she knew nothing of our situation and wanted to know who we had been dealing with. We fully explained the situation and who we had been dealing with there. She read this email but didn't reply. We have had no reply from them since despite or emails threatening legal action etc. We have now got the credit card company involved as we paid the £1000 deposit on the credit card but this may take a number of weeks to go through the motions and our car has been undrivable for a number of weeks.
    Our question is:
    Can we obtain a report for the condition of the car (all faults and a price to fix) and then authorise the repairs ourselves and claim back the costs or do we have to wait for the credit card company to get in touch and authorise us to obtain a report and then authorise repairs.
    What legal redress do we have against the dealer for the inconvenience they have caused and the lack of warranty which was included in the cost of the car but we never received.
    Thanks for any advice.
    Tags: None

  • #2
    Under S75 of CCA the credit card company and the dealer are both liable for the breach of contract by the dealer, and the consumer can sue both companies jointly or severally
    The dealer has clearly breached the CRA. You gave the dealer a chance to repair, he gave you authority to take the car to your local garage, and the garage failed to repair it
    You should obtain a quote to repair the car, and add this to your loss and expense incurred (alternative travel costs etc) from the date the car broke down until the present time.
    Contact your credit card company, ask for authority to repair the car and confirmation that they will pay you for the repair costs. Let them know about your additional expenses that are increasing each day and that you will be submitting a claim for these costs
    By now the ccc should be aware of the dealer's financial difficulties and precarious position. The dealer probably isn't replying to ccc's letters

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Under S75 of CCA the credit card company and the dealer are both liable for the breach of contract by the dealer, and the consumer can sue both companies jointly or severally
      The dealer has clearly breached the CRA. You gave the dealer a chance to repair, he gave you authority to take the car to your local garage, and the garage failed to repair it
      You should obtain a quote to repair the car, and add this to your loss and expense incurred (alternative travel costs etc) from the date the car broke down until the present time.
      Contact your credit card company, ask for authority to repair the car and confirmation that they will pay you for the repair costs. Let them know about your additional expenses that are increasing each day and that you will be submitting a claim for these costs
      By now the ccc should be aware of the dealer's financial difficulties and precarious position. The dealer probably isn't replying to ccc's letters
      Perfect. Thanks for the information.

      Comment

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