Consumer Rights Act 2015, England success stories?

Tiiia

Hi, curious to hear of other people's experiences of successfully utilising this act for a lemon of a car (which I admittedly never heard of, up until recently - new driver learning curve).

I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).

What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car? I have had a gander at the consumer rights forum, seems like mainly electronics and the such.

I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line

born_again

Tiiia said:

Hi, curious to hear of other people's experiences of successfully utilising this act for a lemon of a car (which I admittedly never heard of, up until recently - new driver learning curve).

I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).

What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car? I have had a gander at the consumer rights forum, seems like mainly electronics and the such.

I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line

CRA & small claims is only any good if they are still trading. Which form the sounds of the post is something they will avoid by simply closing down.

DullGreyGuy

Tiiia said:

Hi, curious to hear of other people's experiences of successfully utilising this act for a lemon of a car (which I admittedly never heard of, up until recently - new driver learning curve).

I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).

What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car? I have had a gander at the consumer rights forum, seems like mainly electronics and the such.

I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line

The courts are just the way of enforcing your rights under the CRA.

Given your rights are with the merchant that sold you the goods... does the company still exist? If its been shut down already then your rights disappeared with the company unless you got a personal guarantee from the director which would be highly unusual in a B2C relationship.

Tiiia

DullGreyGuy said:

Tiiia said:

Hi, curious to hear of other people's experiences of successfully utilising this act for a lemon of a car (which I admittedly never heard of, up until recently - new driver learning curve).

I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).

What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car? I have had a gander at the consumer rights forum, seems like mainly electronics and the such.

I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line

The courts are just the way of enforcing your rights under the CRA.

Given your rights are with the merchant that sold you the goods... does the company still exist? If its been shut down already then your rights disappeared with the company unless you got a personal guarantee from the director which would be highly unusual in a B2C relationship.

Thanks for responding.

I read on trading stnds website that trader has to show it wasn't faulty when they sold it or for me to prove it was. It says I can get a mechanic to independently verify there was a problem when vehicle was sold, so I guess I was intrigued on how they do that.

Already paid to fix pipes and battery. New problems incl alternator- mechanic believes there is a broken connection, emissions are high and it keeps saying my coolant/oil is too low but I checked, and it seems like a sensor issue

And yes they're still in their current LTD company (just about). Recent reviews shows people taking them to court too.

born_again

Is this in relation to this thread?

https://forums.moneysavingexpert.com/discussion/6489648/is-car-mechanic-right-coolant-leak-rcz-engine-issues#latest

Undervalued

Tiiia said:

DullGreyGuy said:

Tiiia said:

Hi, curious to hear of other people's experiences of successfully utilising this act for a lemon of a car (which I admittedly never heard of, up until recently - new driver learning curve).

I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).

What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car? I have had a gander at the consumer rights forum, seems like mainly electronics and the such.

I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line

The courts are just the way of enforcing your rights under the CRA.

Given your rights are with the merchant that sold you the goods... does the company still exist? If its been shut down already then your rights disappeared with the company unless you got a personal guarantee from the director which would be highly unusual in a B2C relationship.

Thanks for responding.

I read on trading stnds website that trader has to show it wasn't faulty when they sold it or for me to prove it was. It says I can get a mechanic to independently verify there was a problem when vehicle was sold, so I guess I was intrigued on how they do that.

Already paid to fix pipes and battery. New problems incl alternator- mechanic believes there is a broken connection, emissions are high and it keeps saying my coolant/oil is too low but I checked, and it seems like a sensor issue

And yes they're still in their current LTD company (just about). Recent reviews shows people taking them to court too.

Maybe but you have got to take an objective view as to whether they still will be a going concern with sufficient assets to pay you by the time the court process and any dodging around enforcement has taken place.

If not you will simply be throwing good money after bad in court fees plus bailiff / HCEO charges. They are not always as successful as the TV programs suggest.

A bit of a simplification but there is an old saying "Never sue those who can't or won't pay".

Sorry, not what you want to hear I know. 

GDB2222

Forget about suing the limited company. Did you pay for the car with a loan/by credit card? Even just a small percentage? 

Tiiia

GDB2222 said:

Forget about suing the limited company. Did you pay for the car with a loan/by credit card? Even just a small percentage? 

Just the deposit. The bank forgot to run the chargeback!! Just my luck

Tiiia

born_again said:

Is this in relation to this thread?

https://forums.moneysavingexpert.com/discussion/6489648/is-car-mechanic-right-coolant-leak-rcz-engine-issues#latest

That's a different one, but I will check it!

Tiiia

Undervalued said:

Tiiia said:

DullGreyGuy said:

Tiiia said:

Hi, curious to hear of other people's experiences of successfully utilising this act for a lemon of a car (which I admittedly never heard of, up until recently - new driver learning curve).

I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).

What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car? I have had a gander at the consumer rights forum, seems like mainly electronics and the such.

I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line

The courts are just the way of enforcing your rights under the CRA.

Given your rights are with the merchant that sold you the goods... does the company still exist? If its been shut down already then your rights disappeared with the company unless you got a personal guarantee from the director which would be highly unusual in a B2C relationship.

Thanks for responding.

I read on trading stnds website that trader has to show it wasn't faulty when they sold it or for me to prove it was. It says I can get a mechanic to independently verify there was a problem when vehicle was sold, so I guess I was intrigued on how they do that.

Already paid to fix pipes and battery. New problems incl alternator- mechanic believes there is a broken connection, emissions are high and it keeps saying my coolant/oil is too low but I checked, and it seems like a sensor issue

And yes they're still in their current LTD company (just about). Recent reviews shows people taking them to court too.

Maybe but you have got to take an objective view as to whether they still will be a going concern with sufficient assets to pay you by the time the court process and any dodging around enforcement has taken place.

If not you will simply be throwing good money after bad in court fees plus bailiff / HCEO charges. They are not always as successful as the TV programs suggest.

A bit of a simplification but there is an old saying "Never sue those who can't or won't pay".

Sorry, not what you want to hear I know. 

Understandable - I wondered, actually, would it be the cost of filing in small claims that is the initial fee? I assume so

born_again

Tiiia said:

GDB2222 said:

Forget about suing the limited company. Did you pay for the car with a loan/by credit card? Even just a small percentage? 

Just the deposit. The bank forgot to run the chargeback!! Just my luck

In which case of bank error you would be entitled to a refund of the money.
Or is it a case that there was no actual chargeback reason they could use, in which case no refund due.