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Purchased faulty car... now being threatened by dealer. What next?

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  • Purchased faulty car... now being threatened by dealer. What next?

    Hi there guys,

    I'll keep this part as short as I can!
    Just before Christmas I purchased a car from a dealership. £6000 of £7600 was purchased with my credit card. Two days later the car wouldn't run. Took it to two independent garages and got written reports saying that the head gasket was blown, the manifold was damaged and a few other things, and the cost to repair would be roughly £1500.

    I reported this to the dealer the same day who first tried to persuade me to use my warranty with the car. I then spoke to them and said I would like to reject the car as it is not fit for purpose. He then lied and ever since this has said that I told them I would be letting them pick the car up, investigate the fault and repair the car and thus could not reject the car.

    After many calls to citizens advice and not really getting anywhere, I went to a solicitor last night. He advised me that I could threaten court action but if I did take him to court I may win or I may not. He advised getting the car repaired by the dealership but I really do not wish to do that. He advised me to tell the dealer to hold off on collecting the car and let him know that I will be making a Section 75 claim with my credit card company which I initiated around 5 days ago.

    I then received a rather scary reply and don't know what to do. Here is the main part of it with the names taken out.
    I acknowledge receipt of you email. Please be aware that as per Section 23 (6) of The Consumer Rights Act 2015 we as a company have a legal right to be allowed to attempt to repair the vehicle. Furthermore, we also have a legal right to be able to inspect the vehicle to confirm whether or not any faults exist before you can make any attempt to claim a refund on the price paid for the vehicle.

    Please be fully aware that any attempts by yourself or your Credit Card company to recover any monies from us and deny us these legal rights will be met with the strongest possible action. This will involve us reporting matters to the police to report fraud and notify them the car or any money were obtained through fraudulent means and the car will be reported as stolen and not collected by us. We would also pursue the matter in the County Court to recover all monies from you plus we would be seeking all costs and legal fees involved.

    Hopefully it will not come to this and you will allow us to inspect and potentially repair the car as per our legal rights.

    Being told I will be reported for fraud and then having the car reported as stolen! I know he is trying to scare us out of persuing this claim but I really don't know what to do next.

    Many thanks for your help with this!

    Dan
    Tags: None

  • #2
    Re: Purchased faulty car... now being threatened by dealer. What next?

    tagging [MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Purchased faulty car... now being threatened by dealer. What next?

      Hi
      Your solicitor is correct in that the court will be a bit of a lottery.
      If the dealer can convince the judge that you agreed to allow them an opportunity to repair the vehicle then sec 23( 6) of CRA 2015 does apply.
      Also it is only reasonable that you allow them to examine the vehicle if you are rejecting it, but as this would be a rejection within the first 30 days it is for you to show the faults were present when purchased.

      The police won't be interested, so ignore those threats!


      The easiest and least stressful way forward is to allow the dealer to arrange repair at their cost (including collection and supply of a courtesy car)
      If the repairs are unsatisfactory you can then exercise your short term right to reject.

      If you don't want to go down that road you need to write to the dealers saying that you are exercising your right to short term rejection via the credit card issuer as the car is not of satisfactory quality,
      as is shown by the independent reports (of which you enclose copies)
      You have never agreed for them to repair the vehicle and hence sec23 (6) of CRA 2015 does not apply.
      I would also copy in your Credit Card issuer.

      tagging @R0b

      Comment


      • #4
        Re: Purchased faulty car... now being threatened by dealer. What next?

        The easiest and least stressful way forward is to allow the dealer to arrange repair at their cost (including collection and supply of a courtesy car)
        If the repairs are unsatisfactory you can then exercise your short term right to reject.
        At the moment this guy isn't allowing me to exercise my existing short term right to reject so if the repairs are unsatisfactory then I cant see him playing ball here either.

        If you don't want to go down that road you need to write to the dealers saying that you are exercising your right to short term rejection via the credit card issuer as the car is not of satisfactory quality,
        as is shown by the independent reports (of which you enclose copies)
        You have never agreed for them to repair the vehicle and hence sec23 (6) of CRA 2015 does not apply.
        I would also copy in your Credit Card issuer.
        This is what I did this morning which lead to the email reply in my original post.

        Comment


        • #5
          Re: Purchased faulty car... now being threatened by dealer. What next?

          Whether he wants to play ball or not the appearance of a letter before claim and a court claim form tends to concentrate the mind somewhat.

          Comment

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