Taking dealership to Fast Track court

Wonka_2

sweaty_doughnut said:

Ayr_Rage said:

sweaty_doughnut said:

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

As above, you have been using it for months and the "faults" are somewhat in dispute from the very beginning, therefore you are on very weak ground.

Your best bet is to get the dealer to buy it back, but £25,000 after 18 months of ownership is unrealistic.

What is going to be the basis of your court action if you go that route?

I offered them to buy it back for £26k. The car is only 5 months old, I purchased it in November 2024.

And when they’d picked themselves up off the floor after laughing at your kind ‘offer’ the story continues and they still hold all the cards. 

As @Aylesbury_Duck says you’ve still not rejected it so need to stop using it and formalise the rejection recognising the discomfort/hassle this will cause your circumstances - but that’s part of the deal. 

I know you’ve said you paid cash but was even a deposit paid on credit card ?

sweaty_doughnut

Wonka_2 said:

sweaty_doughnut said:

Ayr_Rage said:

sweaty_doughnut said:

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

As above, you have been using it for months and the "faults" are somewhat in dispute from the very beginning, therefore you are on very weak ground.

Your best bet is to get the dealer to buy it back, but £25,000 after 18 months of ownership is unrealistic.

What is going to be the basis of your court action if you go that route?

I offered them to buy it back for £26k. The car is only 5 months old, I purchased it in November 2024.

And when they’d picked themselves up off the floor after laughing at your kind ‘offer’ the story continues and they still hold all the cards. 

As @Aylesbury_Duck says you’ve still not rejected it so need to stop using it and formalise the rejection recognising the discomfort/hassle this will cause your circumstances - but that’s part of the deal. 

I know you’ve said you paid cash but was even a deposit paid on credit card ?

Nothing was on credit card unfortunately. I took a finance due to incentive which I withdrew from ion 12th day so they have no responsibility. 26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

GingerTim

sweaty_doughnut said:

Wonka_2 said:

sweaty_doughnut said:

Ayr_Rage said:

sweaty_doughnut said:

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

As above, you have been using it for months and the "faults" are somewhat in dispute from the very beginning, therefore you are on very weak ground.

Your best bet is to get the dealer to buy it back, but £25,000 after 18 months of ownership is unrealistic.

What is going to be the basis of your court action if you go that route?

I offered them to buy it back for £26k. The car is only 5 months old, I purchased it in November 2024.

And when they’d picked themselves up off the floor after laughing at your kind ‘offer’ the story continues and they still hold all the cards. 

As @Aylesbury_Duck says you’ve still not rejected it so need to stop using it and formalise the rejection recognising the discomfort/hassle this will cause your circumstances - but that’s part of the deal. 

I know you’ve said you paid cash but was even a deposit paid on credit card ?

Nothing was on credit card unfortunately. I took a finance due to incentive which I withdrew from ion 12th day so they have no responsibility. 26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

They aren't going to pay £26k for car you have been using for six months.

QrizB

sweaty_doughnut said:

26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

Your car was £27.5k new.

If you check on eg. Auto Trader, what would a 5-month old version of your car cost used? £20k perhaps?

DullGreyGuy

QrizB said:

sweaty_doughnut said:

26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

Your car was £27.5k new.

If you check on eg. Auto Trader, what would a 5-month old version of your car cost used? £20k perhaps?

But under the CRA its not them paying the secondhand value, its them deducting "use" that the OP had between buying and rejecting it (when they finally get round to doing so). Most suggest "use" should be charged something like 45p/mile inline with HMRCs allowances, others argue you should take off the company car rate which clearly represents fuel as the OP shouldn't be penalised the fuel element of the use. 

So depends on how much use they've had, ie miles done

photome

DullGreyGuy said:

QrizB said:

sweaty_doughnut said:

26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

Your car was £27.5k new.

If you check on eg. Auto Trader, what would a 5-month old version of your car cost used? £20k perhaps?

But under the CRA its not them paying the secondhand value, its them deducting "use" that the OP had between buying and rejecting it (when they finally get round to doing so). Most suggest "use" should be charged something like 45p/mile inline with HMRCs allowances, others argue you should take off the company car rate which clearly represents fuel as the OP shouldn't be penalised the fuel element of the use. 

So depends on how much use they've had, ie miles done

Wouldnt the mileage deduction come in to play the first time the OP tried to reject not for 5 months continued use

Jenni_D

Within 6 months, for just about any other goods, when exercising your right to reject you're entitled to a full refund. With vehicles the seller is allowed to make a deduction to account for usage. In my opinion this means a mileage calculation as per @DullGreyGuy refers; that method doesn't just apply if you exercise your initial right to reject within 30 days.

DullGreyGuy

photome said:

DullGreyGuy said:

QrizB said:

sweaty_doughnut said:

26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

Your car was £27.5k new.

If you check on eg. Auto Trader, what would a 5-month old version of your car cost used? £20k perhaps?

But under the CRA its not them paying the secondhand value, its them deducting "use" that the OP had between buying and rejecting it (when they finally get round to doing so). Most suggest "use" should be charged something like 45p/mile inline with HMRCs allowances, others argue you should take off the company car rate which clearly represents fuel as the OP shouldn't be penalised the fuel element of the use. 

So depends on how much use they've had, ie miles done

Wouldnt the mileage deduction come in to play the first time the OP tried to reject not for 5 months continued use

Motor vehicles are different from other goods, no deduction if rejected in the first 30 days but deduction from day 1 applies to any later rejection. 

The OP seems to have shot themselves in the foot as when you reject goods you must cease using them and either return them or make them available for collection. The OP however has continued to use the goods which would make any rejection questionable at least

photome

DullGreyGuy said:

photome said:

DullGreyGuy said:

QrizB said:

sweaty_doughnut said:

26k is not laughable. If dealership was going to sell the car they can easily sell it for £24.5k thus we both lose equal amount without having to deal with the court.

Your car was £27.5k new.

If you check on eg. Auto Trader, what would a 5-month old version of your car cost used? £20k perhaps?

But under the CRA its not them paying the secondhand value, its them deducting "use" that the OP had between buying and rejecting it (when they finally get round to doing so). Most suggest "use" should be charged something like 45p/mile inline with HMRCs allowances, others argue you should take off the company car rate which clearly represents fuel as the OP shouldn't be penalised the fuel element of the use. 

So depends on how much use they've had, ie miles done

Wouldnt the mileage deduction come in to play the first time the OP tried to reject not for 5 months continued use

Motor vehicles are different from other goods, no deduction if rejected in the first 30 days but deduction from day 1 applies to any later rejection. 

The OP seems to have shot themselves in the foot as when you reject goods you must cease using them and either return them or make them available for collection. The OP however has continued to use the goods which would make any rejection questionable at least

What I meant was I understand the mileage deduction if you reject but if you then keep using it wouldnt the dealer then be able to deduct more than just mileage, but as you say the rejection is now questionable given the mileage the OP has done

pinkshoes

sweaty_doughnut said:

powerful_Rogue said:

pinkshoes said:

How many miles have you done in the car during the 14 month ownership? Are you still driving it?

This is the important question.

It's 5 months and only essential travel (3500 miles) as I have had a baby born at 28 weeks. I told them that I have to use it under protest until they take it back as I couldn't work on arranging another car when I was in NICU most of the time.

So you have NOT rejected the car. You have carried on using it which means acceptance.

And this fault seems to be in dispute,  but by continuing to drive the car it is giving the implication that the car is fine to use, so no fault.

Even your own independent report stated a slight crunchiness with the gear box. You then declined giving the garage the opportunity to look at this themselves.

Just be VERY careful throwing good money after bad. 

If this went to court I am not sure you'd win as you cannot reject a car for a fault but keep driving it for 3500 miles!!!!! That's ridiculous!