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Hi all,
you may remember that my car was smoking quite a bit and using oil. Ive been in touch with the garage I bought it from and they agreed to have it back and repair it as I had had it under 6 months (More like two months at the time)
I toook the car back to them on the Saturday and was told by the managing director it was going off to a garage on the Monday to be repaired. He said it could be about two weeks which I wasnt happy about but agreed too.
Fast forward to today which is just over the two week point and its still not fixed and Im not getting any joy from them.
Apparently it didnt go to a garage but a mobile mechanic looked at it and diagnosed a faulty turbo which was then sent off (sounds like it was sat for just under a week not being looked at)
Turbo was sent off early last week and after trying to speak to the manager today I got a message back saying the turbo has been sent off and they are waiting for it to come back.
They haven't even mentioned the other two issues that needed looking at which was a faulty headlight levelling motor and knocking from the front suspension. They also don't respond to my emails asking about them either?
At this point I don't know when I'm getting my car back.
How long would you say is reasonable to give them to repair it before I say enough and ask for my money back?
They have no motivation to repair it, they already have your money. Say you want to return it as not fit for purpose and get a refund.
For me it's not so much the time of two weeks but the lack of communication. Have they given you a courtesy car?
1 week maximum if they are waiting for parts.
Say you want to return it as not fit for purpose and get a refund.
This. They are taking you for a mug. What happens when you get it back and it still smokes?
They have to fix it without unreasonable inconvenience to yourself. I'd suggest that "reasonable" in this case would hang on whether you'd been given a courtesy car or been left carless for a fortnight.
I wasnt given a courtesy car and was in effect left car less.
I fortunately had my wifes car to use but she needs that back.
No car given to use.
The communication has been poor and confusing. I was told face to face it was going to a garage to be repaired and then get told a mobile mechanic has diagnosed it??
Just as a note I've had it over the 30 day period and have owned it since mid may and covered 1500 miles.
Can I still push for a refund?
What 30 day period?
The 30 day short term right to reject and expect a full refund. I wasnt sure if because Ive owned the car for longer than that period it made a difference?
I was told
Not relevant(*). They're on the hook for fixing it, "how" is their problem and what you've been told isn't your concern. This is a binary situation, "will it be repaired satisfactorily [yes|no]?"
Buying a car from a trader you have the same rights under CRA as buying new. A fault in the first six months is deemed to be inherent unless they can prove otherwise - also not relevant here as they've admitted liability.
Under CRA you are obliged to give them one opportunity to make good - ie, repair or replace. You're entitled to a refund if a) an attempted repair is unsuccessful, b) a repair would cause significant inconvenience to yourself or c) a repair would take an unreasonable amount of time.
Obviously, "significant" and "reasonable" are subjective terms. But I would argue that them leaving you without a car for two weeks falls foul of b). I would consider that a repair taking much longer than their own estimate of two weeks - and even more so now when the current time frame being offered is "we don't know" - would fall foul of c). And if they're unable to fix it at all then that definitely falls foul of a).
I would suggest that either they commit to an acceptable timeframe for the repair and give you a courtesy car in the interim (don't accept "we don't have any," if they haven't got a forecourt full of vehicles then always there's plenty of hire companies), or they start the refund process. Bear in mind that in the case of a used car, a refund may be subject to a (here's that word again) reasonable reduction based on the amount of time you've had use of the vehicle.
(* - Not relevant that is unless you're intending to accuse them of "misleading actions" under section 226 of the Digital Markets, Competition and Consumers Act 2024; I wouldn't suggest this as a serious course of redress but it'd be hilarious to drop into conversation...😁)
The 30 day short term right to reject and expect a full refund. I wasnt sure if because Ive owned the car for longer than that period it made a difference?
The difference is that within 30 days you can immediately ask for a refund on faulty goods. Outwith that time, you have to give them at least one opportunity to fix it as above.
No news or communication still.
On the advice of citizens advise I sent them a recorded letter yesterday saying that I would like a refund due to the inconvenience and unreasonable timeframe. They should hopefully get that today.
They have replied today saying they won’t let me reject it as it will be ready to collect on Monday.
Problem is that they won’t confirm if all threes issues have been sorted.
He is trying to insinuate it’s my fault that it’s taken so long as I didn’t let them know I was bringing it back to them so they had to wait for a booking slot at a garage in St Helens called Thorndel.
I have an email trail dated 22jul of me replying to his email saying to bring it in. I replied saying I would take it in on the Saturday. He actually came out and had a look at the car when I got there.
Kind of stuck now. I’m just worried they haven’t fixed everything
Its matters not what they say - what matters is your legal rights.
Thats their one chance to repair. YOu need to collect it and see if it is repaired. If it is then you are golden, if its not then you reject it for a refund. check the "which" site for details
I spoke to the manager today and he told me the turbo has either been replaced or repaired and that should sort the oil and smoke issue.
I then asked him about the other two issues and he made out he didn’t know anything about them.
I then pointed out I’d sent an initial email to him listing all the issues which he had replied too.
I also told him I had left an a4 note on the centre console listing all the issues too.
He has now said he will get it into his local garage to get them looked at.
Feel like he was hoping I would just take it back with the oil issue fixed.
At this stage I feel he just taking the piss now.
Refund.
Thats refund time in my book. They have had their one chance to repair and failed
The problem is is that technically this is still there first opportunity to repair it as I haven’t been to collect it yet.
Or does that not matter now.
Christ knows how long it will take to sort the next two issues.
You need to insist on a loan car at the very least. If for no other reason than to focus their attention on getting your car fixed quickly.
The problem is is that technically this is still there first opportunity to repair it as I haven’t been to collect it yet.
You have returned it with a list of faults and given them the opportunity to resolve them, fulfilling your obligations under CRA.
They have failed to fix these faults. Therefore you are now legally entitled to a refund, adjusted to allow for the amount of time you've had use of the vehicle.(*)
I've said this before but, I've had a good deal of success over the years with the line "just to be clear, can you confirm that you are refusing to honour my statutory rights?"
(* - There is an argument for "do you actually want a refund and have to go through the rigmarole of sourcing a replacement, or do you just want it sorting out?" But I think in your case I'd be pursuing a refund simply because of the breakdown in trust with the dealership, irrespective of the status of the vehicle itself. If they hadn't given you a dicking and outright lied repeatedly throughout this process then I'd perhaps be more inclined to give them the benefit of the doubt; as it stands right now, the question preying on my mind would be "what happens the next time there's a fault?")
They said it would be fixed on Monday. That's the end of their attempt to fix it, and it's not fixed. So you're entitled to a refund.
He has now said he will get it into his local garage to get them looked at.
Any dealer that doesn't have their own garage is an absolute nightmare when things go wrong. You gave him a chance - go for the refund
The other faults probably won't be fixed. Its now a battle of wills to see who gives up first . The garage are hoping that a recon turbo , fitted for around £1200 will cure the smog issue.
Then once its back with you , you will accept that the other issues wont be fixed , and that you cant live without the car for another month so you will just put up with faults for a quiet life.
The garage will probably be making no profit on the sale after fitting a recon turbo , so they will drag their heels as much as they possibly can to avoid any further costs to themselves which will turn this sale into a significant loss . Which doesnt help when you still have to pay Rent and Rates and wages , gas, electric and phone bills etc every month. So dont expect a great deal of help from the trader . Shame as its probably going to end up with some animosity and you'll need to find another used car and hope the next ones not got any unseen faults as well
I could probably live with the knocking as it had only just started so will more than likely just be drop links or something.
The headlight is a different issue though as I believe that as its an LED unit its sealed and costs around 800-1000 for a new one.
I will try citizens advice in the morning.
Not convicned I want the car back as Ive lost faith i it and the garage.
although 'lost faith in the car and garage' is understandable that's not a reason in itself to reject.
Your reason is that it had faults that were deemed to be present* on purchase as it's within 6mo, that's statutory.
In honesty, given you have documented in the form of email the three faults and they didn't fix them when you asked then you're in your rights to now reject, but the time to do that would have been two days ago when they'd been given opportunity and didn't take it. That was your chance to get out on the instinct that you've lost faith.
By giving a second chance to deal with the suspension and light I think you've lost that chance now and you need them to fail to repair it this time before that's realistically an option. Arguing they had their chance, didn't take it, you gave them a second chance but now want to backtrack to 'had your chance, muffed it' might technically be correct but much harder to argue.
* They *might* be able to argue suspension, on the basis it's sort of wear and tear and who knows what roads / etc. you drove it on in the time you had it. The headlight motor might have just gone wrong but that's the benefit of buying from a trader, to get this 6mo statutory cover, they'd have to 'prove' that it wasn't there at time of purchase. I'd still be intent that it was faulty at the time, just hadn't shown yet.
although 'lost faith in the car and garage' is understandable that's not a reason in itself to reject.
Your reason is that it had faults that were deemed to be present* on purchase as it's within 6mo, that's statutory.
In honesty, given you have documented in the form of email the three faults and they didn't fix them when you asked then you're in your rights to now reject, but the time to do that would have been two days ago when they'd been given opportunity and didn't take it. That was your chance to get out on the instinct that you've lost faith.
By giving a second chance to deal with the suspension and light I think you've lost that chance now and you need them to fail to repair it this time before that's realistically an option. Arguing they had their chance, didn't take it, you gave them a second chance but now want to backtrack to 'had your chance, muffed it' might technically be correct but much harder to argue.
* They *might* be able to argue suspension, on the basis it's sort of wear and tear and who knows what roads / etc. you drove it on in the time you had it. The headlight motor might have just gone wrong but that's the benefit of buying from a trader, to get this 6mo statutory cover, they'd have to 'prove' that it wasn't there at time of purchase. I'd still be intent that it was faulty at the time, just hadn't shown yet.
But I did reject it and the dealer refused it as he said it was fully repaired. Then he ignored further emails asking if all repairs were done until I phoned him and asked outright. It was only at this point that he made out he didn't know about the other issues. This was at 16:00 yesterday.
I paid some by credit card so is it worth contacting them at this stage.
But I did reject it and the dealer refused it as he said it was fully repaired. Then he ignored further emails asking if all repairs were done until I phoned him and asked outright. It was only at this point that he made out he didn't know about the other issues. This was at 16:00 yesterday.
Ok, so not two days ago but yesterday. At that point if you'd said 'no fella, you were told both by email and by a note left in the car, you failed, so I'm rejecting as per my statutory rights' then it's crystal clear cut.
But you didn't, you've allowed him to get his local garage to look at it and so as I said, muddied the waters about whether you rejected or not.
Hindsight I know but if you wanted to reject, I'd have said so clearly and followed with an immediate email confirming.
Anyway - another day has passed, has he fixed it or even acted on your conversation yesterday? Because if not I see the window is open again to say that he's had more than enough chance now and you're done with it, you want a refund. Your 'agreement' to him having another look at it has to be considered immediate, not when he gets round to it....if he's in any way lax on that use it to your advantage.
But I did reject it and the dealer refused it as he said it was fully repaired. Then he ignored further emails asking if all repairs were done until I phoned him and asked outright. It was only at this point that he made out he didn't know about the other issues. This was at 16:00 yesterday.
Ok, so not two days ago but yesterday. At that point if you'd said 'no fella, you were told both by email and by a note left in the car, you failed, so I'm rejecting as per my statutory rights' then it's crystal clear cut.
But you didn't, you've allowed him to get his local garage to look at it and so as I said, muddied the waters about whether you rejected or not.
Hindsight I know but if you wanted to reject, I'd have said so clearly and followed with an immediate email confirming.
Anyway - another day has passed, has he fixed it or even acted on your conversation yesterday? Because if not I see the window is open again to say that he's had more than enough chance now and you're done with it, you want a refund. Your 'agreement' to him having another look at it has to be considered immediate, not when he gets round to it....if he's in any way lax on that use it to your advantage.
Ok I understand what you are saying now.
I will phone them tomorrow and say enough is enough I want to reject it.
I will phone them tomorrow and say enough is enough I want to reject it.
And if he says no again, use that line that Cougar suggests, (and then be prepared to outline your rights)
Then an email summarising the conversation.
Before you can reject tomorrow you need to know he hasn't fixed it. If he has then he's in his rights imo to reject your rejection, as he has on his side, after the 30 day period, the right to attempt repair. OK, he's had 2 bites at that where you gave him a second chance, actively or passively, but he was given a second chance.
If he hasn't done it yet but 'I'm waiting for a callback / it's booked in later this week / I'm sorting it out....' then tell him not to bother, you've had enough of waiting without your car and what Cougar said, etc.
In fact I'd be inclined to be there at opening time tomorrow and if he can't put the keys to your fixed car in your hand there and then, then as above. Sounds to me that if you do it by phone or email he can fob you off with 'it's on its way back' and buy himself another few hours.
I would do that but the issue is he is 3 hours away.
Is it sorted, or are you still being buggered about?
Not heard anything buddy and he hasn’t replied to my email last night rejecting it again.
Spoke to citizens advice and they said to do a section 75 chargeback on my credit card.
Please advise as not sure what to do now.
Garage has replied to my latest rejection email saying they wont agree to the rejection as the car is fixed and ready to collect.
They wont however despite me asking numerous time asking confirm that all 3 issues have been rectified.
Its a 6 hour round trip to collect the car and don't want to waste my time if it isn't done. Or would collecting it be the right thing to do even if it isn't repaired?
It seems there's 2 things here
1. Buy a car nearby next time
2. Only way you're going to know is to drive 3 hours.
Garage has replied to my latest rejection email saying they wont agree to the rejection as the car is fixed and ready to collect.
They wont however despite me asking numerous time asking confirm that all 3 issues have been rectified.
Its a 6 hour round trip to collect the car and don't want to waste my time if it isn't done. Or would collecting it be the right thing to do even if it isn't repaired?
Why are you not following Citizens Advice's answer? Phone them, if they don't confirm all faults are fixed then start the Section 75 chargeback
Mashr
I have followed citizens advice and sent the final email as suggested. This is the one they have rejected again
I did start the section 75 rejection last night.
Did you pay for it all on the credit card ? I think you said earlier it was just a portion ? What about the rest of the payment ?
My opinion. Unpopular as it might be, you have allowed them to this point by not being firm enough.
They were entitled to repair, replace or refund because the 30d period had passed. If they opt for repair (as they have) they have one attempt, if it's not repaired then you can reject.
They failed to repair because they only fixed 1/3 of the issues. They 'deny' that you said about the others but you have email.
That's the point where you could reject but you left the door open for him to rectify the others and so it's a grey area but it's still kind of his first attempt now. So, IMHO you now have to take the car back, 6 hours away or not [edit, assuming he's fixed faults 2 and 3]
HOWEVER, AND WHAT I'D DO
I would be emailing him so it's documented to tell him
1/ when you will be there
2/ that your criteria for taking the car back is that all three issues have been resolved (list them, again, for avoidance of any doubt)
3/ if they have not been then you will be rejecting the car for refund there and then as per your statutory rights under CRA 2015 - they have been informed of the issues in your previous email and have been given ample time to fix them as allowed by CRA
4/ given the lack of confidence in them, taking the car back does not constitute final acceptance. If any of these faults recur, or new faults occur, within the 6mo period after purchase you will consider that they have failed to meet their opportunity to repair and you will expect a refund as per the CRA
5/ if they do not agree to the above you will be issuing a chargeback request to your CC and reserve the right to make a further civil claim for time and travel cost incurred in resolving this issue, and inconvenience as a result of being without the car.
The bits in bold type are a stretch on your stat rights but not without merit, but you might need to negotiate a bit and so ask for more than you really want. The bit about new faults is part of your stat rights as long as you're in the 6mo, but my interpretation is another repair, refund, replace then starts....might need a proper lawyer to really clarify that. A new fault isn't failure to repair existing ones.
The bit about costs and inconvenience - your choice to buy a car 6 hours round trip away, but they have messed you about.
Out of interest. I understand not wanting to name them but what sort of a place is it - main dealer, large garage or a small business trader? What's the car, I assume it's a bit of a rarity if you've gone 3 hours away to get it?
Cheers all. Its all so bloody confusing and as you have rightly pointed out I haven’t helped myself here either.
The garage in question is a car supermarket based in Bury Manchester they also have two other site locations.
Car isn’t that special. It’s low mileage for the year and a decent spec.
With regard to the section 75. I paid a 500 deposit but can claim the whole back via this method I believe.
I have asked numerous times for confirmation that all thread issues have been rectified as part of me collecting the car. Not one reply has been received. Trying to do a lot of it via email so a I have an actual account of what has been said.
Trying to do a lot of it via email so a I have an actual account of what has been said.
If you're not getting a reply then phone them and email a record of the conversation "As discussed in our call on DATE at TIME I am writing to confirm that you have informed me that the following issues are repaired... Please email by return if you disagree with my understanding of our conversation".
Trying to do a lot of it via email so a I have an actual account of what has been said.
Having that written record is of course a bloody good idea, but there's nothing to stop you ringing them, then summarising the discussion in a follow up email with a request to correct any misunderstanding. Of course if, (when) they don't reply to that, it's pretty much their acceptance of the statement.
I'd be more determined to my course of action outlined then. Send an email confirming your requirements and when you'll be there. That's not a request to them, it's a statement.
Bite the bullet and make the journey. And refuse to leave until resolved. Having a calm but assertive customer on their site isn't good for business as other punters see how they have let you down. Use it to your advantage but DON'T BE WISHY WASHY. THIS IS WHAT I WANT, AND IF I DON'T GET IT THEM THIS IS WHAT HAPPENS NEXT
With regard to the section 75. I paid a 500 deposit but can claim the whole back via this method I believe
Kind of - as it's credit, the CC company is also effectively an interested party in the transaction. I'm not sure they refund the whole amount just like that, but they can bring their might to bear on resolving it according to the law. So in this case I *think* they'd refund you as it seems pretty clear and they then get it back from the dealer.
https://www.moneyhelper.org.uk/en/everyday-money/credit/how-youre-protected-when-you-pay-by-card
I think he should pay you the £500 and send you up there pretending to be him 😀
Well, spoke to the garage just now. Apparently both major issues (Oil consumption/smoking and the headlight leveling) are sorted. I am going to collect tomorrow and check it over.
Im about to follow up with an email containing the bits mentioned by theotherjonv above.
I really hope its sorted to be honest. apart from the issues found its a good little car and ideal for what I need.
What about the knocking from the suspension?
Two mechanics have supposedly driven the vehicle and cannot replicate the knocking issue. I can envisage that this will be lumped under a wear and tear issue
If you know how to make sure the knocking happens take someone from the dealer or garage out and demonstrate it. Otherwise it might be one to let slide
I can envisage that this will be lumped under a wear and tear issue
Is it reasonable to expect it to wear out in two months?
Once more with feeling: any fault in the first six months is deemed to be inherent unless the seller can prove otherwise.
So, just to update.
Made the trip to the dealer today after a phone call and email conversation yesterday where he said the car was fixed and that it had a new turbo fitted and headlight fixed too.
Went in and got the keys and started having a look at the car. Straight away I can see its filthy and covered in oil marks.
Popped the bonnet and indeed there is what looks like a new turbo. Then I spot the air intake hose into the turbo hasn’t been fitted correctly and the bolt is missing. Dealer manager says he trusts that the garage he used has done a proper job and basically says Im wrong. I persist and tell I have had four cars with the same engine and know that the intake isn’t fitted correctly and should have a bolt in it to keep it secure. Low and behold the intake pops out and then wont go back in as it wont locate in its keyway. So then he gets the mechanic on the phone who then admits it was one of his understudies that did the work and that he cant check all work before cars go back out. The manager then asks us to go and have a coffee at the Marks and Spencer next door and he will get another mechanic to sort it out. Which he duly did. It is now fitted correctly and bolted in place.
However, whilst the drive home was uneventful and returned good mpg, anytime the car goes onto boost you can hear the whistle of the turbo. It never did that before, and so I’m worried he has fitted a cheap reconditioned turbo to it.
When I got the car home a got a good light and started having a look about and spotted another missing bolt on something bolted to the turbo with an electrical connector. It only has two out of three bolts fitted.
Finally whilst at the garage I checked the headlight to see if that was working correctly and low and behold it isn’t. The levelling motor still doesn’t work and leaves the headlights out of alignment. When queried he says he sent the car off and they have fixed it. What they have actually done is done a headlight alignment using a mot light checker and not actually fixed the problem. He says as far as he is concerned the headlight is fit for purpose. I then point out that headlight levelling not working on LED headlights is an MOT fail.
I said I wanted to reject the car there and then but he was adamant I couldn’t as it was “fixed”. He then asked me to take the car home and get it booked into a local garage for them to diagnose the headlight and then speak to the warranty and he would authorise it.
As it stands I have the car at home and still have issues. I want to push ahead with the Section 75 as they have failed to repair correctly and then refused my rejection.
Take it back. Reject it using the forms from which magazine or cougars words. Its not fixed. They have had their chance. The law is on your side.
Why did you take it away?
Edit
My understanding is the cannot refuse the rejection.
Sounds like it's time for a letter before action...
He then asked me to take the car home and get it booked into a local garage for them to diagnose the headlight and then speak to the warranty and he would authorise it.
Two things:
1) You of course have all this in writing, right?
2) For the love of pete, IT IS NOT A WARRANTY ISSUE. Do not go down this road, here be dragons. Next up, accusations that the third party garage has aggravated the issues.
Bury, right? I'm away for a fortnight as of next week, if this is still rumbling on when I get back then I'll meet you there and I'll stick it up his arse for you myself.
Nope unfortunately didn’t get it in writing but my wife was there as a witness
I think my best course of action is to push forward with the section 75.
He is point blank refusing the rejection.
I have lost all faith in the car which is a shame.
Three things:
3) Document everything. Everything that's in this thread, put it into a timescale. Every phone call, every email, every promise, every lie, every day you're left without a vehicle, every time you've had to make a several hundred mile round trip, ever time you've had to take time off work.
WTF did you drive away in it?
It's a metal box with 4 wheels, **** it off either via Cougars info or Credit card75 and find another. It's Bury blokes problem not yours
+1000
The first time he failed to repair it you had the right to reject. But you gave a second chance, the moment there were bolts missing he has failed to do it again. Given you don't want the car the door wasn't even ajar and needing opening, it was wide open already and all you had to do was walk through by saying that he has failed to repair and therefore under the CRA you require a refund.
He has no say in this, you're giving him an entitlement that simply doesn't exist, and he's offering options he has no say over.
Take it back tomorrow and refuse to leave until the refund is given. If he refuses, loudly and clearly ask him (record it) to confirm that he is refusing to honour your statutory rights. Follow up in writing.
Nothing less.
Bluntly mate, grow a pair and stop fannying about with this dickhead.
Here you go, insert details and send it to them
**
Dear XX
In the following email I refer at times to the Consumer Rights Act of 2015 (CRA), and the Motor Ombudsman (MO) explanation of it. For ease the links to both are:
https://www.themotorombudsman.org/knowledge/what-is-the-consumer-rights-act/
https://www.legislation.gov.uk/ukpga/2015/15/contents
I bought [vehicle Reg/descr] from you [insert Trader legal name, it’ll be on your paperwork] on [Date] for the sum of [value]
On [date] I informed you that there were problems with the vehicle. This was by email, and [insert key points of what you said were wrong]
As this is outside the 30 day period specified in the CRA, as per the MO explanation I “have to give the selling dealership or garage one opportunity to repair or replace your car, with repair normally being the best option”
The car was returned to you on this basis on [date] and despite being clearly advised of the faults you did not address faults [x and y], only fixing the Turbo, which I was unable to verify for reasons further below.
When the failure to repair [x and y] was highlighted for a further time, for goodwill I agreed with you that you should keep the car and fix the further faults. This is why the repair to the turbo was not inspected at the time.
After you informed me that repairs were completed by [email / phone call / date] I returned to collect the car on Saturday Aug 23rd. On inspection, you had clearly again failed to repair the car as required, namely;
- Missing bolts / connections on the turbo fitting
- Headlight motor not replaced as required, your repair by realigning manually is not acceptable. The MOT requirements state that “Vehicles with high intensity discharge (HID) or LED dipped beam headlamps may be fitted with a suspension or headlamp self-levelling system. If these systems have been fitted, they must work”
- I understand the testers were unable to recreate the third fault of knocking from the front. This is immaterial in light of the first two now.
Further, when I drove the car on Saturday the turbo does not appear fixed as it [describe fault] - given the substandard work on the turbo, as per faults above consequently I do not consider this aspect to be repaired satisfactorily.
Under the CRA after the 30 day period you have one attempt to repair. You have had repeated opportunities and the car is not repaired, consequently I am rejecting the car as per my statutory rights as outlined in the CRA
“If this fails because the same fault persists, or a new inherent fault has developed, you’ve then got two options: a price reduction, meaning you keep the vehicle and get back some of the money you paid for it or, to exercise your final right of rejection”
Consequently I require a refund for the vehicle [reg etc.] to be paid to me in return for the car. No other option is acceptable to me, and I will not enter further discussion about other options.
Please confirm your agreement by [return email, or if you go in person print off two copies and get it signed there and then]
If you do not agree to the above, I require in writing within 48 hours your explanation. Please included which parts of the CRA you feel do not apply, and why you are not obliged to provide me with my statutory rights as described above.
**
On the matter of the refund - up to you if you negotiate this in person but if you want it written I’d say
The CRA makes provision for “a refund of what you paid for the car minus a deduction for any usage you’ve had. This is usually calculated by looking at how many miles you’ve added to the vehicle, and charging a certain amount of pence for each mile driven”
I have owned the car for [period] in which time I have driven it [x miles - you said about 1500]. In that period it has been faulty and unusable, including at your garage for [period]. [x] of the miles it has covered have been incurred as a result of returning it to you.
Contract hire purchase usually provides for an excess mileage deduction of around 9-12p per mile. For the miles covered by me that are not as a result of returning the car for your work, I therefore consider the reasonable deduction to be [guess, about 1200] x 10p = £120. However, in light of the inconvenience and hardship incurred as a result of the car being of unsatisfactory quality I propose that this is waived and full refund made, and in turn I will waive any right to further claims for inconvenience.
Beautiful work.
The one thing I'd perhaps add is that "inconvenience" at the end includes travelling a not inconsiderable distance, at a cost, to try and get this resolved. Ie it's worth mentioning IMHO that the OP isn't just inconvenienced, he's out of pocket.
IIRC consequential losses are hard to argue for
Yep, so I'd agree for no deductions and no trying to claim for intangibles like time, etc.
TBH for ~£120 deducted I'd take just to be shot of this whole thing. Stings a bit given the story but I'd suck it up.
Agreed.
Many thanks for the above template.
I have filled it in and sent it off today.
I really appreciate it.
Fingers crossed it works
Many thanks for the template
I have completed it and sent it off. Let’s hope is has the desired effect
I really appreciate it.
There is no question about it working. Its your legal right. If he refuses you have a slam dunk in court. He would have no defense
All gone a bit quiet here - have you rammed it through the showroom window yet?
I sent off the letter as templated above on Sunday @19:30.
It gave them 48 hours to respond as to why they thought they shouldn’t refund me.
I still haven’t heard anything but given that it was the bank holiday should I allow for extra time ?
The credit card section 75 have asked for an independent report into the vechike and the issues which I need to sort now.
It gave them 48 hours to respond as to why they thought they shouldn’t refund me.
I still haven’t heard anything but given that it was the bank holiday should I allow for extra time ?
I'd get into them tomorrow, (Thursday) morning. How are you intending to proceed? 10k is 'small claims court' limit (money claim online now I think) after that you're into proper lawyers.
Just to update.
Ive booked an independent report at a garage that specialises in VW/Seat & Audi. That is being done next week.
I've spoke with Citizens advice and they have said to carry on with the Section 75 for now and then if that doesn't fall in my favour take it to the ombudsman.
Had another quick look over the car again tonight and found there are actually two bolts missing from the turbo installation, not only that but the engine undertray is now missing too. so they have mislaid that somewhere too.