England: Car dealership trying to sell our car without permission

Okell

Jonny2232 said:

We submitted a detailed timeline as our evidence.  Their evidence in response was simply one line "we offered to repair the car".

Did you make it clear that you were exercising your 30 day short term right to reject under s22 of the Consumer Rights Act 2015?

Okell

I think we can all agree this is a mess...

born_again

Jonny2232 said:

born_again said:

Fault B & C could be result of car being driven with original fault. Given a extra 50 miles driven after 1st fault appeared would not be beyond reason.

OP says 70 miles driven. But only 20 from dealer, in which 1st fault appeared.

Just to be clear, first fault occured and we were more than happy to have it repaired as it is a second hand car and only a warning light.

Then a second fault occured, "Engine malfunction" on the dashboard.  I asked to return the car.  They argued it's related to the first fault, and I agreed to have it repaired.  I reluctantly agreed to a repair to draw a line under everything.

When the garage appointment was finally booked, the car physically was malfunctioning and was unsafe to drive.  This is when I insisted on a refund.  

From the engine malfunction to the garage appointment, I did not use the vehicle at all.

So did they repair the 1st fault & then the 2nd happened? 

Or did the 2nd fault happen before/when returning car to fix 1st fault?

Jonny2232

No repairs were made.  1st repair never got booked (they lied about it being booked).  Then the second fault happened, and they booked a garage appointment.  Then as of the day of the garage appointment the 3rd fault developed on the journey.

Up until the 2nd fault, I barely used the car (they said it was OK to drive).  I ceased all use of vehicle when the 2nd fault happened until I drove it to the dealer.

Jonny2232

Worth mentioning from when I reported the first fault to them, to actually driving to attend the garage appointment 30 days had passed.  Was painfully slow especially with a small baby and not having a suitable car to use for that entire period (and even still to this day).

Okell

Jonny2232 said:

Worth mentioning from when I reported the first fault to them, to actually driving to attend the garage appointment 30 days had passed.  Was painfully slow especially with a small baby and not having a suitable car to use for that entire period (and even still to this day).

I don't think that affects your 30 day right to reject under the legislation.

The 30 day clock is paused when you agree to a repair attempt and doesn't start ticking again until you get the car back.

Problem is they say they've fixed it but you re refusing to take it back...

born_again

Jonny2232 said:

Worth mentioning from when I reported the first fault to them, to actually driving to attend the garage appointment 30 days had passed.  Was painfully slow especially with a small baby and not having a suitable car to use for that entire period (and even still to this day).

Clock stopped when you reported the 1st issue. So no issues there.

Problem could be that you never gave them chance to fix the issue. Which I would say that the 2nd issues relates to the car being used while waiting to be fixed.
But that decision will be down to judge to make.

Good luck, will be interesting to know which way it goes.

visidigi

Jonny2232 said:

Worth mentioning from when I reported the first fault to them, to actually driving to attend the garage appointment 30 days had passed.  Was painfully slow especially with a small baby and not having a suitable car to use for that entire period (and even still to this day).

Question - we're you putting any special conditions on the repair ask (say asking for a courtesy car?) or did they really take over a month to book it in for the issue the day after you bought the car?

If you had no special conditions to the repair I can't see a court taking kindly to a day 1 fault still awaiting even a repair attempt after 30 days.

You keep saying 'which garage' - is this a multi chain/brand dealership network you are dealing with here?

Jonny2232

Yes, it was really a 30 day wait from when the issue was first reported to actually taking the car in.  I didn't ask for any special conditions at all.

The issue is when I called after 2 weeks when the 2nd fault appeared, they said the garage appointment had been booked and bring it in two days time.  I kept asking which garage, what time but they couldn't answer.  So I assumed there was no garage appointment and emailed them asking for a refund.  Once we'd agreed to attempt the repair of issue #1 and #2, the garage appointment was booked on a date that was ~30 days since the first issue was reported.

The dealership is a small independent one that's been in business for 1 or 2 years.  It's a portacabin with a forecourt of about 100 cars, 80% of which are rusting away.

LightFlare

Jonny2232 said:

Yes, it was really a 30 day wait from when the issue was first reported to actually taking the car in.  I didn't ask for any special conditions at all.

The issue is when I called after 2 weeks when the 2nd fault appeared, they said the garage appointment had been booked and bring it in two days time.  I kept asking which garage, what time but they couldn't answer.  So I assumed there was no garage appointment and emailed them asking for a refund.  Once we'd agreed to attempt the repair of issue #1 and #2, the garage appointment was booked on a date that was ~30 days since the first issue was reported.

The dealership is a small independent one that's been in business for 1 or 2 years.  It's a portacabin with a forecourt of about 100 cars, 80% of which are rusting away.

I would be more inclined to retrieving the vehicle asap since it’s registered and insured by you and also owned by you (as they have t refunded you and are never likely to) and try and make as good out of a bad situation as you can - while you can