Yes it's The Car

mc303
mc303 Posts: 166
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edited 5 March 2018 at 6:34PM in Consumer rights
hi, i have read up as much as i can... i will try to keep this short :)
test drove second hand car, noticed fault, the dealer said the fault will be repaired before hand over, hand over day while driving home noticed fault still present, told dealer, returned car 3 times for repair, fault still present, asked dealer for refund, dealer said no, went to CC Company under section 75 breach of contract
the consumer rights act 2015
Under section 24
sub section
(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations!!!8212;

(a)after one repair or one replacement, the goods do not conform to the contract

CC refused section 75
took case to TFO, TFO said no, reason being that dealer is offering repair, so here is my question, i was turned down because the dealer offered repair, i returned the car to them 3 times, i gave them 3 chances to repair, they denied the fault i complained about existed, i had 4 independent reports all clearly stating the fault is present, why oh why have i been rejected for this claim?? am i missing something?
any advise truly appreciated.
Thank you
«13456715

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  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    hi, i have read up as much as i can... i will try to keep this short :)
    test drove second hand car, noticed fault, dealer said fault will be repaired before hand over, hand over day while driving home noticed fault still present, told dealer, returned car 3 times for repair, fault still present, asked dealer for refund, dealer said no, went to CC Company under section 75 breach of contract
    the consumer rights act 2015
    Under section 24
    sub section
    (5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

    (a)after one repair or one replacement, the goods do not conform to the contract

    CC refused section 75
    took case to TFO, TFO said no, reason being that dealer is offering repair, so here is my question, i was turned down because the dealer offered repair, i returned the car to them 3 times, i gave them 3 chances to repair, they denied the fault i complained about existed, i had 4 independent reports all clearly stating the fault is present, why oh why have i been rejected for this claim?? am i missing something?
    any advise truly appreciated.
    Thank you

    Based on what you have said I cannot think of anything you are missing.

    I assume TFO means the Financial Ombudsman. Have they given you their final decision? If so you can still take legal action.
  • mc303
    mc303 Posts: 166
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    Hi naedanger, yes TFO is what you stated, i have read about legal action but the lowest solicitor's fees i can find in my area are 2-3k for their services, this takes a huge chunk out of the total cost of the claim :( the TFO told me that they have spoke to the dealer today and they agreed to call me today to make arrangements for repair, as of yet, nothing... i have a right to refuse the case workers decision and bump it up one level... it's so stressfull.
  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    Hi naedanger, yes TFO is what you stated, i have read about legal action but the lowest solicitor's fees i can find in my area are 2-3k for their services, this takes a huge chunk out of the total cost of the claim :( the TFO told me that they have spoke to the dealer today and they agreed to call me today to make arrangements for repair, as of yet, nothing... i have a right to refuse the case workers decision and bump it up one level... it's so stressfull.

    First bump it up to the next level.

    Explain that the cc company is not complying with the CRA which states (in section 24(5)(a)) that if the attempt at a repair or replacement is unsuccessful, then the customer has a right to a refund. Furthermore since fault has been present from the day you took possession of the car the refund should be a full refund. I would add that I would expect the FO to ensure, as a minimum, the cc company honoured its statutory obligations to its customers and so you are very disappointed at their preliminary assessment.

    If the final outcome is still not satisfactory you can take legal action yourself - you don't need to use a solicitor you can represent yourself. But you may have to pay costs if you lose.

    Don't start any legal action until you have exhausted the FO process. If you do decide to take legal action I suggest you sue the credit card company rather than the car dealer. That way if you win you should not have much problem enforcing payment.
  • mc303
    mc303 Posts: 166
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    Thanks again, if i lose the case, except for my fees what else can i expect too pay?
    suing The CC company was the last thing on my mind, thats a huge step!
  • wealdroam
    wealdroam Posts: 19,181
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    mc303 wrote: »
    Thanks again, if i lose the case, except for my fees what else can i expect too pay?
    suing The CC company was the last thing on my mind, thats a huge step!

    And there's no need to involve a solicitor.

    Just send a letter before action to the CC Co and have a read of MSE's Small Claims Court guide.

    Google letter before action for many samples.


    If you lose you are unlikely to have to pay anything more than your court fees - it's all in that MSE article.
  • mc303
    mc303 Posts: 166
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    thank you wealdroam, yes i have read court guide but it does not explain how much i would have to compensate the defendant if i lose the case.
    Thank you
  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    thank you wealdroam, yes i have read court guide but it does not explain how much i would have to compensate the defendant if i lose the case.
    Thank you

    There is a section "Expenses can be awarded against you if you lose" in the following article. Plus you would not be able to recover the court fees.

    http://www.moneysavingexpert.com/reclaim/small-claims-court

    However don't jump the gun. Wait for FO to decide. I would hope someone further up the line at the FO Service will agree with you.

    At this stage put your effort into your next reply to the FO.
  • mc303
    mc303 Posts: 166
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    The next effort being decline case workers decision Explain that the cc company is not complying with the CRA which states (in section 24(5)(a)) that if the attempt at a repair or replacement is unsuccessful, then the customer has a right to a refund. Furthermore since fault has been present from the day you took possession of the car the refund should be a full refund. I would add that I would expect the FO to ensure, as a minimum, the cc company honoured its statutory obligations to its customers and so you are very disappointed at their preliminary assessment.
    and ask for the case to go the "ombudsman"?
  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    The next effort being decline case workers decision Explain that the cc company is not complying with the CRA which states (in section 24(5)(a)) that if the attempt at a repair or replacement is unsuccessful, then the customer has a right to a refund. Furthermore since fault has been present from the day you took possession of the car the refund should be a full refund. I would add that I would expect the FO to ensure, as a minimum, the cc company honoured its statutory obligations to its customers and so you are very disappointed at their preliminary assessment.
    and ask for the case to go the "ombudsman"?

    That is what I would do.
  • mc303
    mc303 Posts: 166
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    edited 15 March 2017 at 6:34PM
    i should add, the CC turned me down, i went to FO on the basis that i was treated unfairly, the FO turned me down because,, CRA didnt come into it and the FO has no jurisdiction regarding car dealers, or words to that effect, they are saying the CC company treated me fairly because the dealer offered a repair, but i had already taken the vehicle back to the dealer 3 times? anyone?
    Thank you

    N.B FO are saying my case is against the CC for being unfairly treated, FO says CC has done nothing wrong conducting their decision?
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