Consumer Rights Act 2015, England success stories?
Discussion
Hi, curious to hear of other people's experiences of successfully utilising this act (which I admittedly never heard of, up until recently - new driver learning curve).
I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).
What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car?
I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line.
I understand you’re under the burden to prove that the dealership sold you the car in any unsatisfactory state, if after 6 months (I think).
What steps did one take to prove this, and what was the outcome? Or do you think small claims is a better route in the event of a missold car?
I have a Peugeot that has given me problems (mix of bad luck and a garage that, i have since found out, has a history of constantly opening LTD companies once they fall foul of bad reviews), and my mechanic mentioned CRA in passing as he suspects I'll run into more issues down the line.
It's difficult to say what the best thing to do is without all of the details.
Hypothetically, if you felt the trader sold you a faulty car and you couldn't agree a settlement between you, then it's to civil court. Depending on the timing it's either for the trader to show it wasn't faulty when they sold it or for you to prove it was. The standard of proof is 'balance of probabilities' (more likely than not).
The amount and type of evidence either party needs depends on the nature of the claim. The problem with used cars is they're often low value and the cost of getting expert evidence (if required) can make it expensive relative to the value of the claim/car.
Before jumping down the claim route I'd;
- Have engaged politely with the seller and negotiate, acting reasonably at all times. Write any emails or letters so you wouldn't be embarrassed for a judge to read;
- Have to be pretty convinced there's a legal basis and enough evidence to cost effectively prove my case; and
- Be certain enough that the seller wouldn't simply fail to pay for whatever reason if they lost.
Sometimes the best strategy is to cut your losses, sell the car for as much as you can and move on.
Hypothetically, if you felt the trader sold you a faulty car and you couldn't agree a settlement between you, then it's to civil court. Depending on the timing it's either for the trader to show it wasn't faulty when they sold it or for you to prove it was. The standard of proof is 'balance of probabilities' (more likely than not).
The amount and type of evidence either party needs depends on the nature of the claim. The problem with used cars is they're often low value and the cost of getting expert evidence (if required) can make it expensive relative to the value of the claim/car.
Before jumping down the claim route I'd;
- Have engaged politely with the seller and negotiate, acting reasonably at all times. Write any emails or letters so you wouldn't be embarrassed for a judge to read;
- Have to be pretty convinced there's a legal basis and enough evidence to cost effectively prove my case; and
- Be certain enough that the seller wouldn't simply fail to pay for whatever reason if they lost.
Sometimes the best strategy is to cut your losses, sell the car for as much as you can and move on.
Thanks for responding.
I have read on trading stnds website that trader has to show it wasn't faulty when they sold it or for me to prove it was. It says I can get a mechanic to independently verify there was a problem when vehicle was sold, so I guess I was intrigued on how they do that.
Car was bought for 5k, is 2011 plate, 57k mileage. Have already replaced the heater pipes and battery which they sold to me with a dud in! They paid half towards it as I work in emergency ward hospital and needed it fast, but in hindsight, it seems to be a palaver. Right now, Alternator- I believe there is a broken connection, emissions are high and it keeps saying my coolant/oil is too low but I checked, and it seems like a sensor issue
Just wondered if anyone had successfully invoked the CRA for cars (I've seen a lot to do with electrics on other forums!)
I have read on trading stnds website that trader has to show it wasn't faulty when they sold it or for me to prove it was. It says I can get a mechanic to independently verify there was a problem when vehicle was sold, so I guess I was intrigued on how they do that.
Car was bought for 5k, is 2011 plate, 57k mileage. Have already replaced the heater pipes and battery which they sold to me with a dud in! They paid half towards it as I work in emergency ward hospital and needed it fast, but in hindsight, it seems to be a palaver. Right now, Alternator- I believe there is a broken connection, emissions are high and it keeps saying my coolant/oil is too low but I checked, and it seems like a sensor issue
Just wondered if anyone had successfully invoked the CRA for cars (I've seen a lot to do with electrics on other forums!)
davek_964 said:
If your alternator wasn't working when you bought it, you would have known before 6 months.
Maybe you could swing the coolant sensor, but..... It's a £5k, 13 year old car. It's not new, isn't expected to be perfect and it sounds like you are describing fairly trivial things
The OP might have paid £5k for it, but it's a 13 year old car for sure.Maybe you could swing the coolant sensor, but..... It's a £5k, 13 year old car. It's not new, isn't expected to be perfect and it sounds like you are describing fairly trivial things
The OP mentions some minor faults and refers to 'my mechanic'.
It might be time to find another mechanic.
The CRA gives a level of protection from fault present at the time of purchase. It's not a warranty. A 13 year old car won't be expected to be perfect, but it should be expected to be fit for purpose. At the point of sale!
I have a friend who successfully returned a car quoting the CRA, a significant fault became apparent a few weeks into ownership. The seller was not very co-operative, but because the £500 deposit had been paid by credit card, contacting the card company seemed to make the dealer take the car back.
davek_964 said:
If your alternator wasn't working when you bought it, you would have known before 6 months.
Maybe you could swing the coolant sensor, but..... It's a £5k, 13 year old car. It's not new, isn't expected to be perfect and it sounds like you are describing fairly trivial things
The mechanic suspects it might be the alternator. The MOT is due next month so he said I can book it with him then.Maybe you could swing the coolant sensor, but..... It's a £5k, 13 year old car. It's not new, isn't expected to be perfect and it sounds like you are describing fairly trivial things
I'm thinking coolant sensor, it's driving me INSANE beeping every 8 seconds. I did top up mu fluids yesterday, no meaningful changes to the dashboard :/
OutInTheShed said:
The OP might have paid £5k for it, but it's a 13 year old car for sure.
The OP mentions some minor faults and refers to 'my mechanic'.
It might be time to find another mechanic.
The CRA gives a level of protection from fault present at the time of purchase. It's not a warranty. A 13 year old car won't be expected to be perfect, but it should be expected to be fit for purpose. At the point of sale!
I have a friend who successfully returned a car quoting the CRA, a significant fault became apparent a few weeks into ownership. The seller was not very co-operative, but because the £500 deposit had been paid by credit card, contacting the card company seemed to make the dealer take the car back.
Hi, yes, I paid the deposit by card but the bank was careless and forgot to run the dispute within 90 days. Their reviews are shocking and I also complained to auto trader when the penny dropped and realised many of the reviews were fake. One guy said he was going to take them to court. The OP mentions some minor faults and refers to 'my mechanic'.
It might be time to find another mechanic.
The CRA gives a level of protection from fault present at the time of purchase. It's not a warranty. A 13 year old car won't be expected to be perfect, but it should be expected to be fit for purpose. At the point of sale!
I have a friend who successfully returned a car quoting the CRA, a significant fault became apparent a few weeks into ownership. The seller was not very co-operative, but because the £500 deposit had been paid by credit card, contacting the card company seemed to make the dealer take the car back.
CAB says I can get a mechanic to independently verify there was a problem when vehicle was sold, so I guess I was intrigued on how they do that.
Already paid to fix pipes and battery. New problems incl alternator- mechanic believes there is a broken connection, emissions are high and it keeps saying my coolant/oil is too low but I checked, and it seems like a sensor issue
I've bought quite few cars of this kind of age over the years.
You should expect minor flaws and niggles.
You should expect a certain level of things going wrong, even after you've owned the car a while and looked after it.
Any car out of warranty, stuff goes wrong eventually or at random, plenty of cars half the age of yours are visiting the garage for odds and ends every year.
The only way to be sure of avoiding this is to buy a new or nearly new car with a bullet proof warranty, even then you can have a lot of inconvenience with small problems.
The CRA is good if you buy a car and something major goes wrong, like the engine seizing, and it's clearly a fault that's taken a while to develop.
You can 'prove', for consumer rights purposes that some thing like a gearbox or engine had a hidden fault if it goes BANG within a few hundred miles.
Small stuff like a sensor, if it worked the day after you bought the car, there probably wasn't really a fault at point of sale.
Sometimes with older cars, you just have to get the fault fixed and enjoy the car, You should always allow a budget for this kind of thing. Personally I reckon if I get away with an average of £500 a year on mechanic bills and parts, I'm doing OK. I'm lucky and I like to think careful what I buy, so over the years I've average a bit better than that, but most years there's something, whether it's brakes, batteries, a wheel bearing or a clutch.
It might help to look for an indy garage that specialises in the make (and era!) in question, my local mechanic is pretty good, but for one of our cars, a chap 10 miles away just knows so much about certain cars. You might find some info on forums or facebook pages for the car in question? There may be known faults and easy fixes. Or the right diagnostics might be better than generic stuff.
You should expect minor flaws and niggles.
You should expect a certain level of things going wrong, even after you've owned the car a while and looked after it.
Any car out of warranty, stuff goes wrong eventually or at random, plenty of cars half the age of yours are visiting the garage for odds and ends every year.
The only way to be sure of avoiding this is to buy a new or nearly new car with a bullet proof warranty, even then you can have a lot of inconvenience with small problems.
The CRA is good if you buy a car and something major goes wrong, like the engine seizing, and it's clearly a fault that's taken a while to develop.
You can 'prove', for consumer rights purposes that some thing like a gearbox or engine had a hidden fault if it goes BANG within a few hundred miles.
Small stuff like a sensor, if it worked the day after you bought the car, there probably wasn't really a fault at point of sale.
Sometimes with older cars, you just have to get the fault fixed and enjoy the car, You should always allow a budget for this kind of thing. Personally I reckon if I get away with an average of £500 a year on mechanic bills and parts, I'm doing OK. I'm lucky and I like to think careful what I buy, so over the years I've average a bit better than that, but most years there's something, whether it's brakes, batteries, a wheel bearing or a clutch.
It might help to look for an indy garage that specialises in the make (and era!) in question, my local mechanic is pretty good, but for one of our cars, a chap 10 miles away just knows so much about certain cars. You might find some info on forums or facebook pages for the car in question? There may be known faults and easy fixes. Or the right diagnostics might be better than generic stuff.
Thankyou, yes it is to be expected, wear and tear- but when I phoned up the warranty chaps provided during time of sale, they didn't have a clue about this garage, so it was missold in the advert which was infuriating also.
In addition, there was an oil leak not disclosed during the sale too. And the garage is riddled with fake reviews!
In addition, there was an oil leak not disclosed during the sale too. And the garage is riddled with fake reviews!
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