mttm
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mttm last won the day on April 16 2018
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Dealer refuses refund after failed repair attempts
mttm replied to techie09's topic in Vehicle retailers and manufacturers
Good work! The dealer knows you have a case, now it’s just a case of sorting out the details The CRA specifically allows deductions for cars: “No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless— (a) The goods consist of a motor vehicle“ That said, £100 plus valeting fee seems excessive. I’d offer them £50 in full and final, including valeting. One thing to bear in mind: what price do you put on not having this stress in your life? If you can make it all go away for £100, depending on your circumstances, it might be worth considering. -
Dealer refuses refund after failed repair attempts
mttm replied to techie09's topic in Vehicle retailers and manufacturers
You're not the OP, and writing in the first person is not helpful. The whole reason that consumer legislation exists is because of stuff like you've written here. Thankfully we no longer live in that world. -
Dealer refuses refund after failed repair attempts
mttm replied to techie09's topic in Vehicle retailers and manufacturers
Good stuff, I think you stand an excellent chance of arguing that this wasn't a true sales 'n' repairs sale, and that the dealer's trying it on. If you're selling cars to the general public, advertised on consumer websites, valeted, repaired, taxed, and suitable to drive away on the day, you're going to have a hard time arguing that the words "spares and repairs" or "sold as seen" are anything but trying to avoid your responsibilities to consumers. Instead, the traders use these magic words because writing "I don't want to honour the CRA" would harm sales, and writing them helps the traders bully people out of their rights. Even the idea that there are legions of consumers desperate to buy _entire cars_ for spare parts is an insult to the entire industry. No-one's saying that cars can't be sold for spares/repairs/as seen. The problem comes when you dress a car up as anything but that. It shouldn't be that difficult either; tell people why the car's not a runner, get customers to trailer it away, and don't invest money in making them better! -
Dealer refuses refund after failed repair attempts
mttm replied to techie09's topic in Vehicle retailers and manufacturers
When you bought the car, did you drive it away, or did you / the dealer have to put it on a trailer? If you were able to drive it away, and the dealer's been doing repairs as well, I find it hard to believe a judge would see "spares and repairs" as anything but the dealer trying to weasel out of their CRA duties. If on the off-chance it'd been recently MOT'd, or the dealer had it washed and valeted, the porkies really start mounting up.
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