Refund on car

agrinnall

jonnybegood297 wrote: »

Thanks but was paid for by direct debit

I doubt if it was, I expect you mean Debit Card, in which case you may have the backup of Chargeback from your card issuer if needed, but watch out for the time limits.

jonnybegood297

Thanks for your advice

motorguy

jonnybegood297 wrote: »

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

Whilst it strengthens your otherwise weak to non existent case it isnt absolutely conclusive that because the gearbox threw an error code 8 months ago, its absolutely related to the gearbox failure now.

It might be, and that combined with lots of roaring and shouting might yield a positive result, but likewise you may need to be prepared to have to take this to court for an absolute decision on this which may or may not go in your favour....

motorguy

neilmcl wrote: »

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.

I think thats what i'd be doing. And once you issue that, you'd have to be prepared to get the car repaired and attempt to recoup the money via the small claims court rather than attempting to get a court to enforce a full refund via a rejection.

motorguy

jonnybegood297 wrote: »

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?

So you've told them that unless you get a full refund within 14 days you're going to take them to court to get a ruling that they must refund you?

How much was the car?

If it was over £10K you cant use the small claims court, which means it will be expensive to pursue.

Also, whilst i am sure "new" gearbox dealer prices are £5K i'd be surprised if a refurb box - or your own box refurbed - is more than £1,000 to £1,500.

motorguy

jonnybegood297 wrote: »

Why would a nation wide dealership take it this far for a few grand?

Because they know there is little chance of it getting to court and you winning.

They'll have teams of solicitors and a barrister on hand to advise on this sort of stuff.

They're not just going to roll over and refund ££,£££ unless they very much have to.

Given their net profit is probably £500 a car or less, giving you £10K is the equivalent of them having to sell 20 cars.

MB69

I am a bit confused!

You bought the car 3 1/2 yrs ago, then after 8 months ( more than 2 1/2 yrs ago ) it developed a mechanical fault which couldn't be driven.

So what has happened in the last 2 1/2 yrs? Have you had the car fixed? Has the car been parked on your drive? Have you been driving the car?

Aylesbury_Duck

MB69 wrote: »

I am a bit confused!

You bought the car 3 1/2 yrs ago, then after 8 months ( more than 2 1/2 yrs ago ) it developed a mechanical fault which couldn't be driven.

So what has happened in the last 2 1/2 yrs? Have you had the car fixed? Has the car been parked on your drive? Have you been driving the car?

No, the car was 3.5 years old when they bought it.

MB69

Aylesbury_Duck wrote: »

No, the car was 3.5 years old when they bought it.

Dop!

ago , old too completely different words

jonnybegood297 > Good news is that for a 4 year old car a transmission fault is not good. This means that either the car had a fault which wasn't rectified or the car wasn't looked after properly, neither which are your problems.

Bad news, is that as has been mentioned, you don't qualify for a full refund! They can repair once and if it fails again then you can ask for a refund, but you get part refund based on how long you have had the car and how much you have used it for.

So to send them a letter demanding full refund, it will fall flat on its face at court.

I suggest you now write to them, explaining your rights under the CRA2015 and ask them to repair the car. Give them 14 day to do this.

If they fail to do so, go and visit 3 places and get a quote for replacement. It doesn't have to be at a main dealer, it can be a local garage. Car manufacturers can't deny claims for warranty if non main dealer are used anymore.

So get 3 quotes, then write to them and give them the 3 quotes and tell them if they don't repair within 14 days ( or offer to repair ) then you will have no choice but to repair and then claim repair from them.

What make car is it and was the purchase price £10k ?

neilmcl

MB69 wrote: »

Dop!

ago , old too completely different words

jonnybegood297 > Good news is that for a 4 year old car a transmission fault is not good. This means that either the car had a fault which wasn't rectified or the car wasn't looked after properly, neither which are your problems.

Bad news, is that as has been mentioned, you don't qualify for a full refund! They can repair once and if it fails again then you can ask for a refund, but you get part refund based on how long you have had the car and how much you have used it for.

So to send them a letter demanding full refund, it will fall flat on its face at court.

I suggest you now write to them, explaining your rights under the CRA2015 and ask them to repair the car. Give them 14 day to do this.

If they fail to do so, go and visit 3 places and get a quote for replacement. It doesn't have to be at a main dealer, it can be a local garage. Car manufacturers can't deny claims for warranty if non main dealer are used anymore.

So get 3 quotes, then write to them and give them the 3 quotes and tell them if they don't repair within 14 days ( or offer to repair ) then you will have no choice but to repair and then claim repair from them.

What make car is it and was the purchase price £10k ?

He'll give them 14 days to repair in the first LBA, he shouldn't be sending them yet another letter and giving them another 14 days to respond. After the first letter it will be time to take action.