Used car - not sure which way to turn from here...

TMeister001

Hi Everyone,

I'm new to the forum - thanks for having me!

I purchased a 2020 Volvo XC90 T8 from a Volvo dealership on December 27th. Since then, we've only had the car 22 days, with the car being with Volvo for repairs the remaining time. Below is the timeline. At this point, we don't know where to turn. Any help would be appreciated.

Dec 27 - bought car

Jan 16 - limp mode activated, car recovered to Volvo

Jan 31 - car ready for pick up. Got 10 miles from dealership and car lost all power. Limp mode activated. Limped back to dealership

Feb 4 - car ready for pick up. Collected from dealership

Feb 5 - car lost power, limp mode activated - near accident. Car recovered to dealership. Requested refund under consumer rights act 2015 from Volvo dealership, in writing, with photos of error message from every time it occurred and a deadline of tomorrow (12 Feb) for them to respond. Service confirmed recept of email and said it was passed onto the sales manager.

Feb 11 - No word from Volvo as yet. They still have the car. We're paying a fortune for hire cars…

What might be my logical next step? Thanks in advance.

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/6654807/used-car-not-sure-which-way-to-turn-from-here

What did you actually and how do you request the refund? In writing? What specific wording did you use to reject the vehicle?

If you did that correctly and in writing then your next point of action would be an LBA.

Mildly_Miffed

They have the car and all keys and paperwork…? Then the next step is to send a letter-before-action saying you'll take them to court for the money they owe you.

TMeister001

Thanks for the responses. they have the car, keys and paperwork.

The email I sent them included the timeline, pointing out that I am within 30 days, and I specifically said:

At this time, we are exercising our right to reject the vehicle, under the Consumer Rights Act 2015, and we request an immediate refund of £35,500 forthwith. Please confirm acceptance of the refund within 7 calendar days.

What is an LBA?

Mildly_Miffed

LBA = Letter Before Action

A formal letter to say "If you don't sort this out sharpish, the next communication from me will be court paperwork"

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

£35k is above small claim level, so the process is more complicated - which inevitably means more expensive to start. That cost lands on whoever loses.

TMeister001

Forget my question - letter-before-action… doh!

fatbelly

To start with, the process is the same. But the initial fee is proportionate to the claim value

https://www.gov.uk/make-court-claim-for-money/court-fees

In your case that means paying £1750 up front.

Maybe try some nagging phone calls & emails first as they're free!

paul_c123

The dealer has a reasonable time to "accept" the rejection; then the clock starts for 14 days, to refund payment. You are still in this waiting period.

TMeister001

Thanks everyone. I've tried calling. Everyone I ask for (Sales Manager, General Manager, Aftersales Manager) are all 'unavailable'. If I lived nearer, I'd call in…

I gave them 7 days to respond with their position when I emailed them on the 5th Feb. This expires tomorrow, so I sent them a follow-up just now reminding them about a response by tomorrow. I also gave them some actions I would take if they don't respond (Motor Ombudsman and a court claim).

The ball's in their court… I need it resolved as the rental car is costing a fortune!

Grumpy_chap

Did the OP pay any of the cost on finance?

S75a may apply.

paul_c123

Forget about the Motor Ombudsman, the delay for having a case looked at is about a year.