Am I likely to win a small claims court against Evan Halshaws

Georgemcdeee

Hello everyone, 

I bought a BMW from Evan Halshaw's in July 2023. I have emails saying there was a rattle on the turbo before i bought it. I was assured that it was replaced and fixed. There was a sensor missing on the car which read RCD failure until this was then fitted weeks later.

I am now still having trouble with them collectively i have had the car for around 9 months and they have had it in their garage around 5 months of that time. They have not fixed anything and the last time they give me the car back i had no heating. Turns out when they took it back something had happened to the engine to cause a leak which they are unable to locate. I have had an update off them saying the turbo they put on now isn't fitted because the manifold and gaskets have warped. I haven't driven the car for around 3 months now because they still have it. All of these issues have been with them messing with the car. 

I have email chains from the day i bought it perusing these issues. They advised me before i can ask for a refund they need to be given attempts to fix it, which i have. The car is getting worse and worse with every time they give it me back. It's meant to of been in to specialists, I however do not believe this at all. 

When I have asked for a refund they are telling me my warranty is up, but yet they have not fixed the original issues they need too, since matters have been made worse i now want a full refund but they are claiming for me to do this they will take up to £1 per mile off me. As i use this to commute to work the mileage has amounted over the course to nearly 8000 miles.
I paid nearly £12,000 for the car not long ago.

I have also got emails off them saying about i have to give them options before i request a refund. i have emails off citizens advice. i went down all the correct avenues i have given them warnings on the consumer act 2015 too.

Do i have a case to and would i win?

Please any help is so greatly appreciated.

Thank you
George McDonough

eskbanker

You have the right to reject the car under CRA if they've been unable to repair one or more significant faults, regardless of warranty expiry, but you may need to engage an independent expert to inspect the car and report on the problems, including the extent to which they were present at the time of purchase.

The fact that you've driven the car for 8,000 miles obviously signifies that it's not a complete lemon, and they'd be entitled to apply a corresponding deduction to any refund.

Georgemcdeee

eskbanker said:

You have the right to reject the car under CRA if they've been unable to repair one or more significant faults, regardless of warranty expiry, but you may need to engage an independent expert to inspect the car and report on the problems, including the extent to which they were present at the time of purchase.

The fact that you've driven the car for 8,000 miles obviously signifies that it's not a complete lemon, and they'd be entitled to apply a corresponding deduction to any refund.

Hello,

I’ve only had to drive the car because they have taken time and time to get it into their own garages and said it would void my warranty if I let any other garage look at it. I’ve had to drive it whilst awaiting courtesy cars.

do we think i could win in court over these?

born_again

1p a mile is a good deal, many will charge far more.

TBF if they had car for 5 months then you are doing well over 1000 miles a month in the other 5 months.

Georgemcdeee

born_again said:

1p a mile is a good deal, many will charge far more.

TBF if they had car for 5 months then you are doing well over 1000 miles a month in the other 5 months.

It was up to £1 a mile

Aylesbury_Duck

Do I think you would win in court?  Probably.

Do I think you're entitled to a full refund?  No.

Georgemcdeee

Aylesbury_Duck said:

Do I think you would win in court?  Probably.

Do I think you're entitled to a full refund?  No.

Hello, 

thank you for you reply could I please ask what would you think is fair?

I have had to pay for insurance for my car for those 5 months I’m not driving it. Had to go without my car for these 5 months and be in a courtesy car.

could you please tell me what do you think would be a fair compromise?

thank you for answering I appreciate everyone’s comments i am just looking for advice, help, direction so everything is taken in good stead 

eskbanker

Georgemcdeee said:

eskbanker said:

You have the right to reject the car under CRA if they've been unable to repair one or more significant faults, regardless of warranty expiry, but you may need to engage an independent expert to inspect the car and report on the problems, including the extent to which they were present at the time of purchase.

The fact that you've driven the car for 8,000 miles obviously signifies that it's not a complete lemon, and they'd be entitled to apply a corresponding deduction to any refund.

Hello,

I’ve only had to drive the car because they have taken time and time to get it into their own garages and said it would void my warranty if I let any other garage look at it. I’ve had to drive it whilst awaiting courtesy cars.

do we think i could win in court over these?

Yes, you could but it's far from 100% certain - what process did CAB advise you to follow, e.g. which specific CRA provisions did they suggest you highlighted to the dealer, have they suggested independent examination, etc?  Court action should be regarded as a last resort, and it may be that, for example, your card company could reimburse you under section 75 if you paid by credit card.

lincroft1710

This may sound pedantic but the company is "Evans Halshaw" (you will have to check if it is Ltd or PLC). If you are thinking of suing an entity, you have to get both their name and the relevant address correct otherwise the case could be thrown out

Georgemcdeee

eskbanker said:

Georgemcdeee said:

eskbanker said:

You have the right to reject the car under CRA if they've been unable to repair one or more significant faults, regardless of warranty expiry, but you may need to engage an independent expert to inspect the car and report on the problems, including the extent to which they were present at the time of purchase.

The fact that you've driven the car for 8,000 miles obviously signifies that it's not a complete lemon, and they'd be entitled to apply a corresponding deduction to any refund.

Hello,

I’ve only had to drive the car because they have taken time and time to get it into their own garages and said it would void my warranty if I let any other garage look at it. I’ve had to drive it whilst awaiting courtesy cars.

do we think i could win in court over these?

Yes, you could but it's far from 100% certain - what process did CAB advise you to follow, e.g. which specific CRA provisions did they suggest you highlighted to the dealer, have they suggested independent examination, etc?  Court action should be regarded as a last resort, and it may be that, for example, your card company could reimburse you under section 75 if you paid by credit card.

Hello,

I followed every step give them 1 warning to get back intouch then followed it up with stage 2 in which is when they started advising me to give them attempts to fix it, which I have they have had it 4 times and each time it’s come back with a new issue.

Ive been patient with these for months and they’ve currently upto this date today had the car for 10 weeks.

eskbanker

The trader can attempt to repair a reported fault, but doesn't get to keep trying as often as they want, in that the consumer can exercise their final right to reject after just one such failed attempt, under CRA 24(5):

(5) A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a) after one repair or one replacement, the goods do not conform to the contract [...]

https://www.legislation.gov.uk/ukpga/2015/15/section/24