Consumer Rights Act 2015

Consumer Rights Act 2015

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Discussion

NeilMick

Original Poster:

113 posts

96 months

Monday 14th June
quotequote all
Hi all

I bought a car from a franchised dealer back in March, last week i noticed a fault with it and booked it in to be looked at.

They're giving me some rubbish that it isn't covered under rhe warranty. However as I'm between 30 days and 6 months the onus is on them to prove it wasn't there at the time of sale and repair it if they cannot.

However if they fail to agree to or attempt and fail the CRA then gives me the opportunity for a refund.

However i am unlikely to be able to buy the same car now with that money. Am I not entitled to get it repaired somewhere else and then claim that back from the dealer either directly or through the small claims court? Ideally id like to keep the car as long at the item is repaired.

Thanks

Neil

Muzzer79

5,006 posts

154 months

Monday 14th June
quotequote all
The dealer has an obligation to repair or refund (if it was found to be present at time of sale, etc)

You cannot force them to repair it or sanction a repair elsewhere if they are offering you your money back.

NeilMick

Original Poster:

113 posts

96 months

Monday 14th June
quotequote all
Then that is a terrible piece of consumer law. So if i can't buy the equivalent model for any less than £5k more than i originally paid i have to let them buy it back off me and then potentially sell it on again?

Great legislation..

Dimebars

495 posts

61 months

Monday 14th June
quotequote all
You're confusing legislation with market forces

Also, the legislation is there to ensure you're left no worse off. In this case a refund puts you in that position

NeilMick

Original Poster:

113 posts

96 months

Monday 14th June
quotequote all
Thank god we don't have hyperinflation then or it would be an even bigger waste of time. I get the principle but if I now can't buy like for like, I am worse off.

LightningBlue

145 posts

8 months

Monday 14th June
quotequote all
What’s the fault with it? Probably worth knowing to give more specific advice

Camelot1971

2,331 posts

133 months

Monday 14th June
quotequote all
NeilMick said:
Then that is a terrible piece of consumer law. So if i can't buy the equivalent model for any less than £5k more than i originally paid i have to let them buy it back off me and then potentially sell it on again?

Great legislation..
If a suitable car was £5k cheaper now, would you hand the car back and give them the difference too? I don't see how being put back into the position you were at the beginning of the transaction would be unfair.

davek_964

7,624 posts

142 months

Monday 14th June
quotequote all
I had a similar situation ~18 months ago. I was told that my fault wasn't covered by the warranty, and hence I would have to pay for the repair (~£1,100).

I reminded them that I'd only bought the car 4 months ago, and therefore CRA meant that - unless they could somehow prove the problem wasn't there when I purchased the car - they were paying for it.

They didn't argue much to be honest, and agreed to pay themselves as "goodwill".

samoht

2,476 posts

113 months

Monday 14th June
quotequote all
NeilMick said:
Then that is a terrible piece of consumer law. So if i can't buy the equivalent model for any less than £5k more than i originally paid i have to let them buy it back off me and then potentially sell it on again?

Great legislation..
When the law was written, I doubt anyone anticipated a situation where ordinary used cars would gain in value significantly over a six month period.

So yes, in this situation the protection of the law is worth slightly less than normally. Still a damn sight better than nothing though.

NeilMick

Original Poster:

113 posts

96 months

Tuesday 15th June
quotequote all
LightningBlue said:
What’s the fault with it? Probably worth knowing to give more specific advice
The steering rack is knocking and BMW sell a repair kit for £30 plus however long it takes to fit, looking online if you have a lift and the tools probably less than an hour.

So not really the end of the world if i had to pay but quite frankly they should be doing it and are peeing off a customer to the point i wont ever use their franchise again or recommend anyone i know to for what is £150.