Can a consumer get compensation if a retailer wasted their time in returning an item?

Questionerhere

A few years ago I bought a 2nd hand Toyota car form an official dealer which had a severe mould issue in the air con and heating system. It wasn't apparent to me at the point of purchase and I only realised a few days later. After a lengthy process trading standards advised them to buy the car back from me because I had provided them with scientific evidence that the mould levels were highly toxic. I got a scientist to test the air in the car. The trading standards officer told me that the test result could be used to make a good case in court that the car was not fit for purpose since I couldn't even sit in it even when the air con was off. It was causing me breathing problems and chest pains.

So I managed to get a good price for the car and I am happy about that. However it took months of communication, hassle and a few hundred pounds to bring it to the stage where they were advised to buy the car back. Prior to that they refused to do so and were willing to take the case to court. They tried a few times to clean the mould out but they were not successful. 

I took the money and left the case. However after all these years I ask myself what can a consumer do if they spent so much time with a retailer trying to get them to resolve an issue? Should we just take a loss or is there any legal action that can be taken if a retailer wasted our time and potentially money?

pinkshoes

Surely you asked for the full refund plus the cost of the test, along with the threat of court if they didn't pay that amount? Because if it went to court and as they were clearly at fault then they would have paid court costs too...

Brie

Money back comes in different guises.  

There's the refund of a purchased item.  Compensation for costs incurred.  Distress and inconvenience payments.  And finally gestures of good will to say sorry.  

The first 2 are easy to quantify but the other two may be down to the gut feeling of the individual dealing with your case along with their relative seniority within an organisation.

TELLIT01

I wouldn't bank on Currys paying for the cost of other investigation if the dishwasher does prove to be faulty.  A few years ago I purchased a TV from them and most channels were pixellating.  The previous TV had been fine.  Currys said I would have to get the aerial tested before they would consider replacing the TV.  Aerial test cost over £50, proved signal was good.  Currys agreed to replace TV but refused to pay for the aerial check.

DCFC79

TELLIT01 said:

I wouldn't bank on Currys paying for the cost of other investigation if the dishwasher does prove to be faulty.  A few years ago I purchased a TV from them and most channels were pixellating.  The previous TV had been fine.  Currys said I would have to get the aerial tested before they would consider replacing the TV.  Aerial test cost over £50, proved signal was good.  Currys agreed to replace TV but refused to pay for the aerial check.

Apologies but have you by any chance posted this on the wrong thread ?

Questionerhere

pinkshoes said:

Surely you asked for the full refund plus the cost of the test, along with the threat of court if they didn't pay that amount? Because if it went to court and as they were clearly at fault then they would have paid court costs too...

I was clueless as I still am about how to get the cost of the tests and other expenses. After they had offered to pay for the car, I didn't know what to do. The court case became redundant because they had admitted that the car was not fit for purpose. I guess I should have asked for help. They actually admit fault and framed the buyback as a goodwill gesture and that threw me off - even though trading standards were the ones that convinced them.

Questionerhere

TELLIT01 said:

I wouldn't bank on Currys paying for the cost of other investigation if the dishwasher does prove to be faulty.  A few years ago I purchased a TV from them and most channels were pixellating.  The previous TV had been fine.  Currys said I would have to get the aerial tested before they would consider replacing the TV.  Aerial test cost over £50, proved signal was good.  Currys agreed to replace TV but refused to pay for the aerial check.

Surely there has to be a way for us to get compensation in these circumstances.

Alderbank

Questionerhere said:

TELLIT01 said:

I wouldn't bank on Currys paying for the cost of other investigation if the dishwasher does prove to be faulty.  A few years ago I purchased a TV from them and most channels were pixellating.  The previous TV had been fine.  Currys said I would have to get the aerial tested before they would consider replacing the TV.  Aerial test cost over £50, proved signal was good.  Currys agreed to replace TV but refused to pay for the aerial check.

Surely there has to be a way for us to get compensation in these circumstances.

The courts are open to you.
For low value, straightforward claims it's Money Claim Online (the small claims court).
MCOL is designed to be a quick and simple process. You can claim costs you have spent - to replace, restore or put right if you have receipts for the work by someone else. When you prepare your claim you must include the actual costs of the various costs you incurred such as for aerial tests. You can't ask the court to decide them or add them on later.
You cannot claim in the small claims court for your own time, emotional stress or consequential loss (shorthand for a broad category of losses including loss of profit, loss of opportunity, loss of goodwill). These are considered to be too complex for that court. However you can still bring an action in another part of the County Court. It's just not as easy.

lincroft1710

How many years ago did you buy the car?

Questionerhere

Alderbank said:

Questionerhere said:

TELLIT01 said:

I wouldn't bank on Currys paying for the cost of other investigation if the dishwasher does prove to be faulty.  A few years ago I purchased a TV from them and most channels were pixellating.  The previous TV had been fine.  Currys said I would have to get the aerial tested before they would consider replacing the TV.  Aerial test cost over £50, proved signal was good.  Currys agreed to replace TV but refused to pay for the aerial check.

Surely there has to be a way for us to get compensation in these circumstances.

The courts are open to you.
For low value, straightforward claims it's Money Claim Online (the small claims court).
MCOL is designed to be a quick and simple process. You can claim costs you have spent - to replace, restore or put right if you have receipts for the work by someone else. When you prepare your claim you must include the actual costs of the various costs you incurred such as for aerial tests. You can't ask the court to decide them or add them on later.
You cannot claim in the small claims court for your own time, emotional stress or consequential loss (shorthand for a broad category of losses including loss of profit, loss of opportunity, loss of goodwill). These are considered to be too complex for that court. However you can still bring an action in another part of the County Court. It's just not as easy.

Thank you! It's amazing how most of us ordinary citizens don't know these things.

Questionerhere

lincroft1710 said:

How many years ago did you buy the car?

Around 7 years ago. However I have no interest in going back to the matter anymore. I just wish I had known how to handle matters back then.