Sold a faulty car - Consumer Rights Act 2015

AM_Malcolm

Grateful for any advice.

I bought a used 63 reg car low mileage from a local dealer at a know local car retail park. Paid in full by direct debit. The evening of purchase car displayed a message "faulty electronic handbrake" and I lost manual control of the handbrake. I tool it back to the dealer and they reset the computer system and said bring it back again. Same day it was repaired (3rd day of purchase) while driving in rain tbe dashboard displayed multiple error messages and car was barely drivable. Took it back to dealer who offered to repair again but this time I refused and declared that I wish to reject the car for a full refund. They verbally refused saying thats not possible and used cars are expected to break down, even though all this happened within 72 hours from purchase. On my way back home the electronic handbrake failed again. Spoke to manager following day who was very rude and refused to accept my rejection of the vehicle.

I put my rejection in writing explaining reasons and I stated I wish to exercise my short term right to reject vehicle under consumers rights act 2015 while also emphasising that the repeated handbrake faults is a serious safety risk.

Car dealer then asked that I return vehicle to him which I did and they said they will write to me. Its been a aeek now, they have both my money and the car and they haven't corresponded. Whenever I call they say the manager is not in.

Don't know what to do next? What is the likelihood of them refunding me in full? If it ends up in court am I likely to succeed in getting my money back?

Any advice / guidance would be greatly appreciated.

ARandomMiser

Maybe issue them a letter saying that if it is not satisfied within 7 days you will be starting legal proceedings - and then follow through.

marlot

https://www.gov.uk/make-money-claim-online

neilmcl

The CRA is on your side on this occasion. You need to right a Letter Before Action (LBA), formally reject the vehicle as it does not conform to contract and give them 7 days to refund in full or you'll proceed with legal action.

shaun_from_Africa

neilmcl wrote: »

The CRA is on your side on this occasion. You need to right a Letter Before Action (LBA), formally reject the vehicle as it does not conform to contract and give them 7 days to refund in full or you'll proceed with legal action.

I'd change that to 14 days as this is what the CRA stipulates:

20 Right to reject
(15) A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

AM_Malcolm

Thanks.

shaun: he hasn't formally agreed to a refund yet. when he received my rejection letter and email he emailed me saying I must return the vehicle immediately and that he will write to me with my options. And he hasn't yet.

I replied to his email saying I will return the vehicle and from the date of this email as per the consumer rights act I must be refunded within 14 days. He hasn't replied or acknowledged this email and they remain uncontactable, the manager is always not in when I call.

I will send a reminder letter this week and notify him of the remaining number of days in which he has to refund me and once these days pass the following letter will be a letter before legal action.

If it ends up in court could I charge him for inconvenience caused including all my transport expenses during the period I remained without a car and also have him refund the fees for the warranty he sold me with the car?

Many thanks for replies everyone.

neilmcl

If you've already given them 14 days then the next letter you should send (by signed-for post) should be the LBA. No need to mess around with gentle "reminders" or he'll just walk all over you.

AM_Malcolm

Good point neilmcl, I'll wait for the 14 days to pass and if I don't get my full money back will send LBA and take him to small claims court and consider claiming for all associated expenses I have lost. I do however anticipate that he wont make it easy on me and try to deduct from the refund amount.

patman99

When you stated that you paid by direct debit, did you actually mean you paid with a debit card?.
If so and it is a VISA card then you have even more protection as you will be able to request a s75 chargeback from your bank.

wealdroam

patman99 wrote: »

When you stated that you paid by direct debit, did you actually mean you paid with a debit card?.
If so and it is a VISA card then you have even more protection as you will be able to request a s75 chargeback from your bank.

Just to clarify...

A claim under Section 75 of The Consumer Credit Act is not possible when a purchase is made with a debit card - beit a Visa debit card or any other type of debit card.

It is however possible to ask one's bank to process a Chargeback when a debit card has been used - again, not restricted to a Visa debit card.

AM_Malcolm

Yes I paid by a VISA debit card. The bank is subscribed to chargeback service but they said I have to wait for the 14 days to pass first.

The dealer had me sign a checklist that the car was in good condition when I collected. Obviously the faults showed up after subjecting thr car to more use than just a short test drive. Could this be satisfactory evidence in court that the faults were not present at the point of sale?