Who enforces the Consumer Rights Act 2015?

vancreef

I own a car that was bought brand new in Oct of 2015 and it is unreliable.
The manufacturer, Toyota, refuses to take the car back and the Financial Ombudsman has reviewed the case and also concluded that it would be unfair for us to reject the car, but the Consumer Rights Act 2015 states that a manufacturer has the right to ONE repair and if the product is still faulty the consumer has the right to reject it, but who actually enforces this law if a manufacturer tells you to get lost?
Our car has broken down times, some of which are repeat faults.

SuperHan

Small claims court (or other court).

vancreef

Hi SuperHan,
I have checked their website and it just covers claiming for money whereas I wish to return a faulty vehicle back to the manufacturer.

neilmcl

vancreef wrote: »

I own a car that was bought brand new in Oct of 2015 and it is unreliable.
The manufacturer, Toyota, refuses to take the car back and the Financial Ombudsman has reviewed the case and also concluded that it would be unfair for us to reject the car, but the Consumer Rights Act 2015 states that a manufacturer has the right to ONE repair and if the product is still faulty the consumer has the right to reject it, but who actually enforces this law if a manufacturer tells you to get lost?
Our car has broken down times, some of which are repeat faults.

The same people that enforce all legislation, the courts. In this case the small claims court.

vancreef

Thanks Neil. I take it that the process would be to contact a solicitor then or is their a more direct route that you know of?

TonyMMM

You CCA rights are with the dealer who sold the car, not the manufacturer directly.

Issue a Letter before Action against the dealership - then start court proceedings (https://www.moneyclaim.gov.uk/web/mcol/welcome).

However, if the ombudsman has already ruled against you it may be difficult to convince a court otherwise.

vancreef

TonyMMM wrote: »

You CCA rights are with the dealer who sold the car, not the manufacturer directly.

Issue a Letter before Action against the dealership - then start court proceedings (https://www.moneyclaim.gov.uk/web/mcol/welcome).

However, if the ombudsman has already ruled against you it may be difficult to convince a court otherwise.

Hi Tony,
I contacted Citizen's advice before going down the route of rejecting it and they said that I should leave the dealer out of this as I bought the car on finance and therefore should take the matter up with Toyota Financial Services.

The Financial Ombudsman actually contacted me on the 9th of October with a copy of a letter that they were going to send to Toyota stating that it was unacceptable that the car should need to be repaired so many times and that I should have to rely on a courtesy car, but asked that I contact them to say if I agreed with this. The day after when I contacted them they said they had changed their mind on the matter, after having spoken with the delaer who said that they couldn't find anything wrong with the car. I rejected the car back in June when it was in a state of repair but the fact that it has since been repaired was the reason why the FO changed their mind. They actually told me that I should have refused to have it repaired, that way it would have still been broken and I would have had a case, but the fact that it is now fixed means that I no longer have a case, which I found quite ridiculous.

SuperHan

vancreef wrote: »

Hi SuperHan,
I have checked their website and it just covers claiming for money whereas I wish to return a faulty vehicle back to the manufacturer.

Surely what you actually want is a refund for the faulty car? This is what the court can enforce.

vancreef

SuperHan wrote: »

Surely what you actually want is a refund for the faulty car? This is what the court can enforce.

I just want to hand it back and have the outstanding finance written off. I'm not looking for any sort of refund.

motorguy

vancreef wrote: »

Hi Tony,
I contacted Citizen's advice before going down the route of rejecting it and they said that I should leave the dealer out of this as I bought the car on finance and therefore should take the matter up with Toyota Financial Services.

The Financial Ombudsman actually contacted me on the 9th of October with a copy of a letter that they were going to send to Toyota stating that it was unacceptable that the car should need to be repaired so many times and that I should have to rely on a courtesy car, but asked that I contact them to say if I agreed with this. The day after when I contacted them they said they had changed their mind on the matter, after having spoken with the delaer who said that they couldn't find anything wrong with the car. I rejected the car back in June when it was in a state of repair but the fact that it has since been repaired was the reason why the FO changed their mind. They actually told me that I should have refused to have it repaired, that way it would have still been broken and I would have had a case, but the fact that it is now fixed means that I no longer have a case, which I found quite ridiculous.

So is the car currently in getting repairs or are you driving it?

vancreef

motorguy wrote: »

So is the car currently in getting repairs or are you driving it?

It is at the dealership where it has been for the past 2 months. They are claiming that it doesn't need repairing as they can't replaicate the fault that I saw on a daily basis. They are also claiming that what I described as a fault is actually a chararteristic of the car in which the cruise control will repeatedly switch off. My question is; if it is indeed a charateristic and something that is normal behaviour then why is it now not doing it? It all seems very contradictive.