CRA 2015 - Selling car and claiming loss from dealer
CRA 2015 - Selling car and claiming loss from dealer
Author
Discussion

MinuteMan

Original Poster:

330 posts

172 months

Wednesday 24th May 2023
quotequote all
Hello,

I purchased a £35k car from a dealer in January, and noticed that the car was using oil excessively after 5 weeks.

Tried to contact the dealer who ignored me. He is ignoring my calls. And has ignored several recorded letters asking for a partial refund or repairs.

I had the car diagnosed today and the bore on cylinder 1 is rough and the spark plug is oiled up.

I've completely lost faith in the car and want to get rid. It will cost thousands to repair.

If I trade the car in, I'll be down £4k on my purchase price. Can I take the dealer to small claims court for this amount? Seeing as he won't repair, replace, or refund

TIA

Edited by MinuteMan on Wednesday 24th May 17:42

mcflurry

9,184 posts

275 months

Wednesday 24th May 2023
quotequote all
How much is the repair?

MinuteMan

Original Poster:

330 posts

172 months

Wednesday 24th May 2023
quotequote all
I don't know the exact figure, but I imagine it will involve a strip down, repair and rebuild which will be at least £1.5k+. The exact issue can't be determined until the engine has been taken apart and that will probably be the most expensive part of the repair.

As dealer is unwilling to repair or replace, I can ask to be reimbursed the original purchase price with fair usage deducted - but that will fall on deaf ears too



vaud

57,876 posts

177 months

Wednesday 24th May 2023
quotequote all
MinuteMan said:
Hello,

I purchased a £35k car from a dealer in January, and noticed that the car was using oil excessively after 5 weeks.

Reached out to the dealer who ignored me. He is ignoring my calls. And has ignored several recorded letters asking for a partial refund or repairs.

I had the car diagnosed today and the bore on cylinder 1 is rough and the spark plug is oiled up.

I've completely lost faith in the car and want to get rid. It will cost thousands to repair.

If I trade the car in, I'll be down £4k on my purchase price. Can I take the dealer to small claims court for this amount? Seeing as he won't repair, replace, or refund

TIA
Have you tried sending him a "letter before action" and 7 days to respond? It might sharpen his mind.

dundarach

5,958 posts

250 months

Wednesday 24th May 2023
quotequote all
IANAL, however I'd be mindful about doing something other than the recommended course of action.

You should have stopped using the car and returned it for repair (or refund if this couldn't be done). Assuming this fault wasn't pointed out to you.

If you've used the car since, I think this weakens your case.

I'd be careful about doing anything else without taking specific legal advice.


I've re-read your post, sorry to be a right pain...however what is the actual fault?

What is excessive oil, by what measure?

Who diagnosed any fault, what's their credentials, main dealer?

And lastly, age and make and model of car??? £35k for a 50 year old Rolls Royce, excessive oil is part of the fun, £35k for 2022 BMW, probably not.

You need to get at lot more information around this first, this is why they're ignoring you.






Edited by dundarach on Wednesday 24th May 16:55

MinuteMan

Original Poster:

330 posts

172 months

Wednesday 24th May 2023
quotequote all
vaud said:
Have you tried sending him a "letter before action" and 7 days to respond? It might sharpen his mind.
Ah yes that would be my next step - a letter before action asking for final right to rejection

MinuteMan

Original Poster:

330 posts

172 months

Wednesday 24th May 2023
quotequote all
dundarach said:
IANAL, however I'd be mindful about doing something other than the recommended course of action.

You should have stopped using the car and returned it for repair (or refund if this couldn't be done). Assuming this fault wasn't pointed out to you.

If you've used the car since, I think this weakens your case.

I'd be careful about doing anything else without taking specific legal advice.


I've re-read your post, sorry to be a right pain...however what is the actual fault?

What is excessive oil, by what measure?

Who diagnosed any fault, what's their credentials, main dealer?

And lastly, age and make and model of car??? £35k for a 50 year old Rolls Royce, excessive oil is part of the fun, £35k for 2022 BMW, probably not.

You need to get at lot more information around this first, this is why they're ignoring you.


Edited by dundarach on Wednesday 24th May 16:55
No problem! The car is a 2016 Audi TTRS, Audi state 1L of oil every 1000 miles is acceptable usage, but I'm seeing 1L/400 miles

It wasn't a main dealer who diagnosed - I had a trusted local garage perform a compression test and check it over with a borescope. I suppose I could take it to a VAG specialist if need be.

vaud

57,876 posts

177 months

Wednesday 24th May 2023
quotequote all
MinuteMan said:
No problem! The car is a 2016 Audi TTRS, Audi state 1L of oil every 1000 miles is acceptable usage, but I'm seeing 1L/400 miles

It wasn't a main dealer who diagnosed - I had a trusted local garage perform a compression test and check it over with a borescope. I suppose I could take it to a VAG specialist if need be.
Your issue may (stress may) become that you allowed someone else to inspect it. The dealer (is it a main VAG dealer? or a trader?) may claim that the damage was done by them.

MinuteMan

Original Poster:

330 posts

172 months

Wednesday 24th May 2023
quotequote all
Thanks for the reply. I was advised by CAB (perhaps wrongly!) to get the car checked by a garage to establish that there actually is an issue and that there are no leaks etc present

Just spoke to a major VAG specialist who told me that they wouldn't be able to diagnose any further than what I've already been told - they recommended an engine rebuild company who would be able to strip the engine down and then diagnose it

It was an independent trader I bought it from

loskie

6,705 posts

142 months

Wednesday 24th May 2023
quotequote all
MinuteMan said:
Hello,

I purchased a £35k car from a dealer in January, and noticed that the car was using oil excessively after 5 weeks.

Reached out to the dealer who ignored me. He is ignoring my calls. And has ignored several recorded letters asking for a partial refund or repairs.

I had the car diagnosed today and the bore on cylinder 1 is rough and the spark plug is oiled up.

I've completely lost faith in the car and want to get rid. It will cost thousands to repair.

If I trade the car in, I'll be down £4k on my purchase price. Can I take the dealer to small claims court for this amount? Seeing as he won't repair, replace, or refund

TIA
You should have tried speaking to the dealer instead of reaching out.

mmm-five

12,046 posts

306 months

Wednesday 24th May 2023
quotequote all
loskie said:
MinuteMan said:
Hello,

I purchased a £35k car from a dealer in January, and noticed that the car was using oil excessively after 5 weeks.

Reached out to the dealer who ignored me. He is ignoring my calls. And has ignored several recorded letters asking for a partial refund or repairs.

I had the car diagnosed today and the bore on cylinder 1 is rough and the spark plug is oiled up.

I've completely lost faith in the car and want to get rid. It will cost thousands to repair.

If I trade the car in, I'll be down £4k on my purchase price. Can I take the dealer to small claims court for this amount? Seeing as he won't repair, replace, or refund

TIA
You should have tried speaking to the dealer instead of reaching out.

MinuteMan

Original Poster:

330 posts

172 months

Wednesday 24th May 2023
quotequote all
loskie said:
You should have tried speaking to the dealer instead of reaching out.
Edited. Happy now?

vaud

57,876 posts

177 months

Wednesday 24th May 2023
quotequote all
MinuteMan said:
Thanks for the reply. I was advised by CAB (perhaps wrongly!) to get the car checked by a garage to establish that there actually is an issue and that there are no leaks etc present

Just spoke to a major VAG specialist who told me that they wouldn't be able to diagnose any further than what I've already been told - they recommended an engine rebuild company who would be able to strip the engine down and then diagnose it

It was an independent trader I bought it from
Nothing to lose with a letter before action, but also remember that independent traders might not have any assets to pursue.

kestral

2,125 posts

229 months

Thursday 25th May 2023
quotequote all
MinuteMan said:
Ah yes that would be my next step - a letter before action asking for final right to rejection
Don't ASK anything.

I have now rejected the car.

Taz1111

70 posts

33 months

Friday 2nd June 2023
quotequote all
kestral said:
Don't ASK anything.

I have now rejected the car.
Did you get the full amount back? Good on you.

vaud

57,876 posts

177 months

Saturday 3rd June 2023
quotequote all
Taz1111 said:
Did you get the full amount back? Good on you.
You are not reading the thread. Kestrel was stating what the op should say, asserting a position rather than requesting a rejection.

Mojooo

13,287 posts

202 months

Saturday 3rd June 2023
quotequote all
The CRA allows you to get a refund up to the amount of of purchase

You can still claim damages which is separate, under contract law.


MustangGT

13,657 posts

302 months

Saturday 3rd June 2023
quotequote all
Mojooo said:
The CRA allows you to get a refund up to the amount of of purchase

You can still claim damages which is separate, under contract law.

The dealer is allowed to make a deduction for use, probably in the region of 40-50p/mile for a TTRS.

liner33

10,861 posts

224 months

Sunday 4th June 2023
quotequote all
MinuteMan said:
Hello,


If I trade the car in, I'll be down £4k on my purchase price.

Edited by MinuteMan on Wednesday 24th May 17:42
I assume you mean , auction the car rather than trade in since you would be trading a car with a broken engine , likely what someone did to the dealer you bought it off