Taking a car dealer to fast track court under consumer law

hotchocolate1982

I have had multiple problems with a new car I brought. It’s taken 5 weeks to repairs after the first 3 faults they stopped updating me. I asked for a full refund sent letters the citizen advice have me. Stated I rejected the car they declined and returned the car with no paperwork of work done despite requesting it many times. 

They never gave a courtesy car even though I’m a key worker and have a disabled child. I had to hire a car and they refused to cover the cost. 

I know want to go to court for a refund of the car, hire car costs and expenses through fast track court but I’m lost with the processes.

can anyone offer advice please? 

Okell

If you want advice on the court process you should post on Legal Beagles:  Civil Procedure Rules - LegalBeagles Forum

eskbanker

hotchocolate1982 said:

I have had multiple problems with a new car I brought. It’s taken 5 weeks to repairs after the first 3 faults they stopped updating me. I asked for a full refund sent letters the citizen advice have me. Stated I rejected the car they declined and returned the car with no paperwork of work done despite requesting it many times. 

They never gave a courtesy car even though I’m a key worker and have a disabled child. I had to hire a car and they refused to cover the cost. 

I know want to go to court for a refund of the car, hire car costs and expenses through fast track court but I’m lost with the processes.

can anyone offer advice please? 

With regard to your consumer rights in this situation, it'll probably be worth familiarising yourself with the provisions of the Consumer Rights Act 2015:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met

Based on what you say, you are entitled to reject the vehicle for a full refund if you reported the problems within the first 30 days, but it's not clear to me that the seller is liable for any consequential costs for the provision of another vehicle while yours was back with them, happy to be corrected if anyone knows any better - did Citizens Advice address this point for you?

Did you pay by credit card for any part of the purchase?

hotchocolate1982

eskbanker said:

hotchocolate1982 said:

I have had multiple problems with a new car I brought. It’s taken 5 weeks to repairs after the first 3 faults they stopped updating me. I asked for a full refund sent letters the citizen advice have me. Stated I rejected the car they declined and returned the car with no paperwork of work done despite requesting it many times. 

They never gave a courtesy car even though I’m a key worker and have a disabled child. I had to hire a car and they refused to cover the cost. 

I know want to go to court for a refund of the car, hire car costs and expenses through fast track court but I’m lost with the processes.

can anyone offer advice please? 

With regard to your consumer rights in this situation, it'll probably be worth familiarising yourself with the provisions of the Consumer Rights Act 2015:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met

Based on what you say, you are entitled to reject the vehicle for a full refund if you reported the problems within the first 30 days, but it's not clear to me that the seller is liable for any consequential costs for the provision of another vehicle while yours was back with them, happy to be corrected if anyone knows any better - did Citizens Advice address this point for you?

Did you pay by credit card for any part of the purchase?

Thank you. Citizens advice stated that the first fault was within 30 days and more faults within the first 3 months. As the repairs was untimely and cause great impact due to effecting my job and my disabled daughter. I had a right to reject the card. 

I didn’t pay any on credit card so no protection and I can’t do a chargeback. 

born_again

hotchocolate1982 said:

I have had multiple problems with a new car I brought. It’s taken 5 weeks to repairs after the first 3 faults they stopped updating me. I asked for a full refund sent letters the citizen advice have me. Stated I rejected the car they declined and returned the car with no paperwork of work done despite requesting it many times. 

They never gave a courtesy car even though I’m a key worker and have a disabled child. I had to hire a car and they refused to cover the cost. 

I know want to go to court for a refund of the car, hire car costs and expenses through fast track court but I’m lost with the processes.

can anyone offer advice please? 

There is nothing stating that when a car is in for a repair that they have to provide a replacement.
Even many manufactures do not supply one for warranty repairs, as it is covered in T/C.

Undervalued

hotchocolate1982 said:

I have had multiple problems with a new car I brought. It’s taken 5 weeks to repairs after the first 3 faults they stopped updating me. I asked for a full refund sent letters the citizen advice have me. Stated I rejected the car they declined and returned the car with no paperwork of work done despite requesting it many times. 

They never gave a courtesy car even though I’m a key worker and have a disabled child. I had to hire a car and they refused to cover the cost. 

I know want to go to court for a refund of the car, hire car costs and expenses through fast track court but I’m lost with the processes.

can anyone offer advice please? 

Neither of which gives you any more legal right to a courtesy car than anybody else.

If the garage took excessive time and / or failed to repair the car with reasonable skill then you might have a claim for hiring a car (if essential) for the extra time it took to repair yours over and above a reasonable timeframe. In any such claim you have a legal duty to minimise your losses as far as reasonably possible. A court won't support you in running the garage up as big a bill as possible to teach them a lesson!

hotchocolate1982

Undervalued said:

hotchocolate1982 said:

I have had multiple problems with a new car I brought. It’s taken 5 weeks to repairs after the first 3 faults they stopped updating me. I asked for a full refund sent letters the citizen advice have me. Stated I rejected the car they declined and returned the car with no paperwork of work done despite requesting it many times. 

They never gave a courtesy car even though I’m a key worker and have a disabled child. I had to hire a car and they refused to cover the cost. 

I know want to go to court for a refund of the car, hire car costs and expenses through fast track court but I’m lost with the processes.

can anyone offer advice please? 

Neither of which gives you any more legal right to a courtesy car than anybody else.

If the garage took excessive time and / or failed to repair the car with reasonable skill then you might have a claim for hiring a car (if essential) for the extra time it took to repair yours over and above a reasonable timeframe. In any such claim you have a legal duty to minimise your losses as far as reasonably possible. A court won't support you in running the garage up as big a bill as possible to teach them a lesson!

As mentioned I have a disabled child that gets high rate in mobility and I’m a key worker that had to reduce my duties. So it was a necessity not to teach them a lesson. 

the_lunatic_is_in_my_head

Undervalued said:

If the garage took excessive time and / or failed to repair the car with reasonable skill then you might have a claim for hiring a car (if essential) for the extra time it took to repair yours over and above a reasonable 

I'm not so sure about this, if a car doesn't conform to the contract and a replacement is disproportionate to a repair why should someone be without a car during the repair period?  

Sure if's a day or two most would let it slide but you start heading towards a week or weeks and IMO it's foreseeable that the average person needs their car to get about so I don't see why claiming car hire as damages isn't feasible.

I do agree about mitigating loses, where we are without a car we'd be stuffed, public transport is non-existent and there isn't really anyone we can rely upon to that extent for lifts, of course someone in a city centre may have easy access to public transport.

hotchocolate1982 said:They never gave a courtesy car even though I’m a key worker and have a disabled child

Undervalued said

Neither of which gives you any more legal right to a courtesy car than anybody else.

Generally I would agree but worth noting if the trader knew this before entering the contract (e.g a car was being specially adapted to meet the needs of a disability) that would make that situation foreseeable which then goes back to damages   

OP you might want to seek some professional advice, if the car is over £10k then I believe you get assigned to a track where each party can look at claiming (at least some of the) legal fees, you'd need make sure you are dotting the i's and crossing the t's when filing the claim. 

Also worth asking did you buy the car from a major dealer or back street garage (can't tell if you mean brand spanking new car or second hand but new to you )? If a major dealer try raising your complaint further up the chain, if a back street garage there is always the risk of them folding even if you win.

born_again

As is the norm, no mention of the age, cost, mileage or any other car details?

Jenni_D

born_again said:

As is the norm, no mention of the age, cost, mileage or any other car details?

Exactly ... critical details which OP's never think to include.

What concerns me is the comment re. Fast Track ... @hotchocolate1982 needs to understand the county court process; Fast Track may lead to having to cover all the Defendant's costs if the Claimant loses?

hotchocolate1982

the_lunatic_is_in_my_head said:

Undervalued said:

If the garage took excessive time and / or failed to repair the car with reasonable skill then you might have a claim for hiring a car (if essential) for the extra time it took to repair yours over and above a reasonable 

I'm not so sure about this, if a car doesn't conform to the contract and a replacement is disproportionate to a repair why should someone be without a car during the repair period?  

Sure if's a day or two most would let it slide but you start heading towards a week or weeks and IMO it's foreseeable that the average person needs their car to get about so I don't see why claiming car hire as damages isn't feasible.

I do agree about mitigating loses, where we are without a car we'd be stuffed, public transport is non-existent and there isn't really anyone we can rely upon to that extent for lifts, of course someone in a city centre may have easy access to public transport.

hotchocolate1982 said:They never gave a courtesy car even though I’m a key worker and have a disabled child

Undervalued said

Neither of which gives you any more legal right to a courtesy car than anybody else.

Generally I would agree but worth noting if the trader knew this before entering the contract (e.g a car was being specially adapted to meet the needs of a disability) that would make that situation foreseeable which then goes back to damages   

OP you might want to seek some professional advice, if the car is over £10k then I believe you get assigned to a track where each party can look at claiming (at least some of the) legal fees, you'd need make sure you are dotting the i's and crossing the t's when filing the claim. 

Also worth asking did you buy the car from a major dealer or back street garage (can't tell if you mean brand spanking new car or second hand but new to you )? If a major dealer try raising your complaint further up the chain, if a back street garage there is always the risk of them folding even if you win.

Thank you, the car was over £10k, it’s a used car. Reg 2020.
the dealer has two branches. 

They are being taken to court by trading standards and I have now given a witness statement for that.

I asked for a senior managers call back from the dealer and a copied of their complaints policy. They never replied. 

i started the fast track claim in money claim online and I’ve applied for help with the fees it says the outcome can take up to 28 days.  I’m hoping I’ve find the right form.