Big Motoring World refuse to provide refund and honour Consumer Rights Act 2015 **Refunded**

[Exampleexample]

Hi there,

I've recently purchased car from big motoring world (04/08/23).

I’ve had the car for less than 2 weeks and there are already issues with it.

The brakes make loud noises when they are pressed and I’ve had a vehicle recovery company tell me there might be a brake fault. 

I’ve contacted BMW and asked them for a refund.

Initially they said that they needed to receive a diagnostics report from a local garage to confirm any issues and they would only process a refund if there was a known electrical or mechanical fault. They arranged an appointment at a garage for next week and the car is going to be taken there by a recovery truck. 

Today when I called them they informed me that if there was a brake issue they can’t give a refund as it is not considered to be a mechanical or electrical fault.

I told them the brakes are clearly a mechanical fault and regardless of all that I have rights within the Consumer Rights Act 2015 to reject the vehicle as it is not of satisfactory quality and not fit for purpose.

They have stated that they will still not provide a refund but will escalate the matter to a manager.

I spent over £15k on this car and paid by debit card.

Can anyone advise on the next steps I could take? 

[BankFodder]

Write to them immediately. Send the letter by email and also by signed for delivery.
Tell them that you are asserting your rights under the Consumer Rights Act 2015 and that a defect is materialised in the car within the first 30 days of ownership and therefore you are rejecting the car and you want to know what the arrangements are for receiving your refund and returning the vehicle.
Tell them that you expect them to be responsible for the return of the vehicle and that if you are put to any expense that they will reimburse you.

You must send this letter immediately and confirm here that has been done.
You should send this letter even if you prefer to keep the car because at least you have reserved your position.



I understand that you have paid the £15,000 by debit card. Phone up the bank begin the chargeback process. The bank won't be happy – but they obliged to do it.
Read our customer services guide. Record the call if you can and certainly get a reference number for the conversation and the chargeback.

Write to big motoring world separately and tell them that you have rejected the vehicle and that as they are causing problems over it you are already in contact with your bank to arrange a chargeback.

Is the vehicle MOT? Did it come with a brand-new MOT?

Separately, do you want to keep the car or do you want to get rid of it?

[Exampleexample]

I have written this email to them earlier today, should I send an updated one? Please let me know your thoughts. I will send the letter via signed delivery tomorrow. I don’t wish to keep the car as if these issues are already occurring and I’ve just bought the car then I don’t know what else might be wrong with it. The car has mot till 2024. 

Dear Big Motoring World,

I'm writing to you about the … I bought from you for £16000.00 on 04/09/2023.

The vehicle has brake issues.

Initially the brakes made a squeaky sound when pressed slowly but now they also make a large thumping sound whenever the car is driven.

The vehicle had to be recovered to my address over the weekend as vehicle recovery advised that it might be a brake fault and that I shouldn’t drive it. It will now be recovered to a garage from my home address so that you can receive a diagnostics report of the issues. 

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Big Motoring World that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the vehicle for less than 6 years, (less than 2 weeks before the issues arose in fact), I am within my statutory rights to ask for a refund at no further cost to me.

I look forward to hearing from you within 14 days with details of how you plan to resolve this matter.

 

I am not interested in any repair or replacement and would like to be given a refund. 

Yours sincerely

[BankFodder]

No, the letter is wrong and you aren't paying attention to the post that I have made advising you about the letter you should be writing.

Also, "breaks" is spelt "brakes" (done above - dx)

Post it up again please

I have just realised that in your first post you said that you bought the car on 4 August 2023 – yet you say that you have had it less than two weeks.

In your second post, you said that you had bought it in September.

Can we get your story straight please before we help you

[Exampleexample]

Sorry that was a typo on my part.

I purchased the vehicle on 04/09/2023.

I realised that there was a defect on 07/09/2023 but I realised that there was a major defect on 10/09/2023 when my car had to be recovered due to faulty brakes.

I will post the updated letter soon

This is the updated letter 

Dear Big Motoring World,

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 04/09/2023, for which I paid £16,000.

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its brakes.

Initially, the brakes emitted a squeaky sound when applied slowly, but more alarmingly, they now produce a pronounced thumping noise whenever the car is in motion. Due to the severity of this issue, I had to arrange for the vehicle's recovery to my home over the weekend.

Upon professional advice, I was strongly cautioned against driving the vehicle further. Consequently, the vehicle will be transported from my home address to an authorized garage so that a comprehensive diagnostic report of the issues can be obtained.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Therefore, I kindly request that you provide a prompt response within 14 days, clearly outlining the process for receiving a refund and the arrangements for facilitating the return of the vehicle.

Additionally, I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. In the event that any expenses are incurred by me during this process, I anticipate that Big Motoring World will promptly reimburse me.

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Yours sincerely,

[dx100uk]

3 hours ago, Exampleexample said:

Additionally, I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. In the event that any expenses are incurred by me during this process, I anticipate that Big Motoring World will promptly reimburse me.

not your problem. never pay them to collect. revise that

[BankFodder]

 

 

8 hours ago, Exampleexample said:

 

Dear Big Motoring World,

Notice of Rejection Vehicle Registration XXX

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 04/09/2023, for which I paid £16,000.

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its brakes.

Initially, the brakes emitted a squeaky sound when applied slowly, but more alarmingly, they now produce a pronounced thumping noise whenever the car is in motion. Due to the severity of this issue, I had to arrange for the vehicle's recovery to my home over the weekend.

Upon professional advice, I was strongly cautioned against driving the vehicle further. Consequently, the vehicle will be transported from my home address to an authorized garage so that a comprehensive diagnostic report of the issues can be obtained.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Therefore, I kindly request that you provide a prompt response within 14 days, Please will you respond without any delay, clearly outlining the process for receiving a refund and the arrangements for facilitating the return of the vehicle.

As required by the Consumer Rights Act I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. In the event that any expenses are incurred by me during this process, I anticipate that Big Motoring World will promptly reimburse me.

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Yours sincerely,

if you're happy with these amendments then send it off immediately.

You will notice I have removed your 14 day deadline. I suggest that if you don't receive a positive response by Monday that you issue letter of claim.

On the matter of the claim, you would be claiming for £16,000.

The small claims limit in the County Court is £10,000. If you sue somebody for less than £10,000 then if you lose, you don't have to pay the other side's costs. If you win then you will recover your own costs of the claim but you won't recover any lawyer's costs.

If you have for more than £10,000 then you move away from the small claims track the new move on to something called the Fast Track. If you lose a fast track case you then become liable for a certain amount of the cost of the winning side – including their lawyer's costs et cetera.

You need to be aware of this because if you are suing Big Motoring World on this issue, your claim will go to the fast track.

On the other hand, on the basis of what you have told us, your chances of success are pretty well 100%. They will then be liable for your costs and if you do it yourself – which we will help you do then you will be able to recover your litigant in person costs which it currently is about £18 or £19 per hour – I am not sure which.

If you have questions about this then please let us know.

You should start keeping a detailed note of all the time you are spending on this. Including learning about it. Visiting the forum. All of the expenses you are incurring because if you bring the case – then when you get the judgement in your favour you will add these costs but of course you will have to show the judge a detailed account of everything you have incurred and the time you have spent so that the judge is certain that you are simply making a money grab.

Please ask us any questions you might have

[dx100uk]

and?

 

[BankFodder]

Yes. Any update on this please

[Exampleexample]

Update on this

I escalated the issue to a manager and then another manager and eventually they admitted that the brakes were faulty and provided a full refund.

Before providing the refund they made me agree that I would not pursue any legal action against them.

At that point I just wanted them to take the car back and to get my money so I agreed.

They came and collected the car. 
 

They don’t perform the checks they claim to perform on their cars otherwise there is no way they would have missed this.

Their sales team is very easy to reach but once they’ve got you to buy a car their customer service is terrible

. I would advise people to stay away from them. 

[BankFodder]

This is excellent news.

Well done and well done for your persistence.

Are you out of pocket at all? I can tell you that the agreement not to pursue legal action is not binding – although was that put into writing or not?

They were obliged to take the car back anyway and you can only bind somebody into a promise if they do something over and above what they were bound to do anyway.

If you are out of pocket then we will help you recover that money. There is no reason that you should suffer here at all and it will benefit a lot of other people if Big Motoring World start to understand that people will stand up to them.

[Exampleexample]

No they provided a full refund including the cost of transportation. 
 

The agreement not to pursue legal action was all discussed over email. They sent an email saying they would provide a refund only if I didn’t pursue any legal action and I agreed. 
 

Will advise people to stay away from them. 

[BankFodder]

Thank you for this.

Again – well done.

And for anybody else who reads this, the agreement not to pursue legal action in the circumstances is unenforceable.

We would be happy to help anybody bring a claim for additional losses even in the face of an agreement not to pursue legal action.