17 October 2018 at 1:11 pm #144140
We purchased a car on the 20/09/18 with a full MOT (no advisories issued on 30/08/18) it is a 2007 Land Rover Discovery with average mileage for its age.
They hadn’t serviced it as promised before collection but wrote on the sales receipt they would do it the following week if we popped the car back to them which we agreed.
Within two miles of collection an awful noise came from the engine and separately we realised the climate control did not work, we called the trader and took it straight back to them, we asked for our money back which they refused (we were not aware of our rights fully then) and so agreed to the repair. They said it was the prop shaft and they also said they would service it and sort the climate control. This took eight days.
On receiving the car back we were not happy with the engine noise so took it to an independent garage who found 35 faults, 4 of which would be MOT failures if it was MOT’d that day and 7 advisories and the rest minor faults with the car. The 4 major faults include issues with the brakes and they also said the ‘repaired’ prop shaft was leaking, they advised that it would take many thousands of pounds to have the car made roadworthy. This garage also said in their opinion the car had not been serviced for a significant period of time.
We removed the car from the road on the advice that it was not safe to drive and wrote to the trader invoking our short term right to reject, we had, had the car at this point for 11 days, driven 600 miles and of course been informed of these issues. The trader has completely ignored our request for a refund so it looks like court will be our only option.
So how do I prove that the car is not of satisfactory quality? Would the independent’s garage’s list of repairs needed be sufficient? I have booked it into another garage for an actual MOT tomorrow in the view that it will again be found to have faults, be failed and gather an actual quote for the work needed.
Is this going to be enough for the small claims court to say that the car is not fit for purpose and we should receive a refund under our short-term right to reject? DVSA won’t inspect as its gone beyond 28 days and trading standards have not contacted me (you can only access them via a referral via citizens advice) So I seem to have no options here?
17 October 2018 at 1:32 pm #144144
Also I know they have received the letter advising them of our wish to reject the car but they have completely ignored us would we be wrong to call them to chase and if they are adamant they won’t pay move to small claims court rather than waiting 14 days for them to refund and then 14 days for our letter of action etc?
19 October 2018 at 2:53 pm #144339
Hi Kerry. Your rejection took place within the first 30 days, so the onus is on you to prove that the car was faulty at point of sale.
Having a written report from a third-party garage is very helpful, and if you have it booked into another third-party garage to get their opinion on it then that would be even more powerful.
If it gets as far as a court then it would seem that you have a strong case, but hopefully the dealer will be smart enough to avoid that scenario and simply refund your money.
18 October 2018 at 6:56 pm #144269
I was browsing the forum just now and felt inclined to comment. I am going through a not dissimilar situation, having only yesterday exercised my short-term right to reject a used car I bought a fortnight ago. I can relate!
I’m not an expert on cars or consumer law, but I would suggest the following actions:-
1. Write down asap all the key dates/events in your case -this is called a ‘chronology’ in the legal profession- which will really help you in the situation. We often forget important details later on.
2. Consider how you will prove that you exercised the right to reject within 30 days. Some options:-
a. A reply/acknowledgment, in writing, from the dealer.
b. A copy of the letter from you with a ‘proof of posting’ receipt from the post office.
c. If the dealer is nearby, take a copy of the letter in a sealed envelope and hand-deliver it, making a note of the date/time/location of delivery.
3. Evidence of the condition of the car is more difficult. All I can suggest is googling and trying to find a reliable person/organisation with expertise in such reports. I wouldn’t rely on a list of faults/suggested repairs from a garage in Court, unfortunately.
4. Try to find a trustworthy competent lawyer to help you assess the case overall. You need an independent person to help you decide whether in preparing for a court case you may be throwing ‘good money after bad’. ‘Expect the worst, hope for the best’ is a sound maxim to apply here.
Hope it works out for you.