Dealer refuses refund after failed repair attempts

[mttm]

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.

[mttm]

The car was driven from the dealer, it looked as the car was cleaned and engine compartment plastic covers polished up ! he was very keen to replace the tyres before we collected it.

 

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.

 

This highlights something that I have noticed that is being used more and more in trade ads

 

. Dealers are stating "Sold as spares & repairs" or even "even though it starts we have no knowledge of the condition and advise it is taken away on a trailer.

..Sold spares & repairsr" .

 

Does this then absolve the dealer of any responsibility under the CPA?

 

Sorry if I've hijacked the thread.

 

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.

 

Yes, I think it probably does.

 

These spares / repairs things do have a value of some kind and it would be absurd to say thy cannot be sold.

 

Spares / repairs = trouble, every time.

 

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!

[mttm]

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.

No, I don't, the ad specifically states spares / repairs twice and does not mention if it drives ok or if anything works. They got what was described in the ad.

 

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 CRAicon" 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.

Spares / repairs is fine and involves no comeback, as long as the ad is absolutely clear. Sold as seen is a big no no. Consumers see only what they want to see, which in this case was a bright looking modern car for £1000. I do agree slightly sticky ground allowing it to be driven away, but the ad is as solid as a rock, it couldn't be plainer.

 

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!

This one wasn't dressed up though...yes its been cleaned, but the ad could not be clearer. 'Sold for spares or repairs on behalf of a customer' And why not clean it? People buy with their eyes and not their brain sometimes!

 

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.

[mttm]

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.