Refund on car

jonnybegood297

I bought a car from a national dealership. 3 and half years old

After 8 months the car became undrivable due to a transmission malfunction. New transmission is required at a cost of £5k

I immediately went back to the dealership and asked them to repair it. They refused. I wrote again asking for all the service docs. They send me these and it appears that there had been a transmission error a month before I purchased the vehicle.

I wrote back again explaining that under 2015 Consumer Act etc and that the 6 month issue didn’t matter because I could prove that the fault existed before I bought the car. Their own paperwork says so. Their paperwork also shows that the transmission service required on this vehicle was completed 4 month later than the technical guidance states which probably caused the problem in the first place. I was not informed of any of these issues upon purchase.

They are still refusing a refund. I am about to contact solicitors as the refund is more than 10k and I will need to go through Fast Track.

Does anyone have any thoughts or advice or questions??

Any help gratefully received

Oakdene

jonnybegood297 wrote: »

I bought a car from a national dealership. 3 and half years old

After 8 months the car became undrivable due to a transmission malfunction. New transmission is required at a cost of £5k

I immediately went back to the dealership and asked them to repair it. They refused. I wrote again asking for all the service docs. They send me these and it appears that there had been a transmission error a month before I purchased the vehicle.

I wrote back again explaining that under 2015 Consumer Act etc and that the 6 month issue didn’t matter because I could prove that the fault existed before I bought the car. Their own paperwork says so. Their paperwork also shows that the transmission service required on this vehicle was completed 4 month later than the technical guidance states which probably caused the problem in the first place. I was not informed of any of these issues upon purchase.

They are still refusing a refund. I am about to contact solicitors as the refund is more than 10k and I will need to go through Fast Track.

Does anyone have any thoughts or advice or questions??

Any help gratefully received

Think you may need stronger that probably caused.

neilmcl

Sounds like you have a reasonable case, however you're not necessarily entitled to a full refund as the you've had the car now for over 8 months therefore they are entitled to make an attempt at repairing the vehicle.

jonnybegood297

Thanks

I accept that I will probably lose a bit on the refund. I have already asked them to repair and they have refused. My understanding is that I only have to make that offer once. In terms of proving that the fault existed before I purchased it, having their own paperwork stating that there was a transmission malfunction a month before purchase, then having a transmission malfunction now...

Not sure what stronger evidence I could produce

Thanks

neilmcl

You don't need a solicitor because you're not going to get a full refund. The most you'll be entitled to is the cost of the repair at the stage. They are only allowed a single attempt at repair and if it subsequently has a fault then you would be entitled to a refund however deductions can be made for the use you've had from the car.

You best bet right now is to send an LBA demanding that they fully repair, or pay for the car to be repaired, to your satisfaction. Failing that you'll have no choice but to take out a Small Claims action.

mattyprice4004

The good news is that if you paid on a credit card (even the deposit) or via finance, the finance company are liable under Section 75. Have a Google and read the legislation - you should be covered.

jonnybegood297

Thanks

What is an LBA??

Citizens advice told me that if they don’t repair after you offer once then you can claim for a full refund. Obviously in the 2 months that this has been going on I have had to source another car!!

jonnybegood297

Thanks but was paid for by direct debit

neilmcl

jonnybegood297 wrote: »

Thanks

What is an LBA??

Citizens advice told me that if they don’t repair after you offer once then you can claim for a full refund. Obviously in the 2 months that this has been going on I have had to source another car!!

LBA = Letter Before Action. I think you maybe confusing the right of the seller to try a single attempt at repair, after which you can demand a refund (partial in your case).

jonnybegood297

Ok thanks

Have sent 4 letters in total. The final one states that I will be taking court action

What other evidence would be required?? Why would a nation wide dealership take it this far for a few grand? How about Ombudsman? Is that a route worth travelling down?

neilmcl

If you've already sent a final letter threatening court action then the "route" now is to carry out that threat. Having said that I'd still send a final LBA stating that you want the car repaired as is your right under the CRA 2015, rather than demanding a full refund, which of course you're not entitled to.

Give them 14 days then go down the small claims route.