Returning used car over 30 days
Discussion
Hi, need a little advice for returning a used car which has developed faults unfortunately on day 31 after being bought.
Car is Mercedes worth roughly £16K and has had adblue disconnected. My daughter bought this car in London and we live in Belfast. She has contacted the dealer listing the faults ( there’s quite a few) and they want the car returned to inspect. They also added in their reply that they may counter sue if she goes down a legal route.
So first question, anyone been in a similar position and how did you proceed?
Secondly anyone recommend a solicitor that doesn’t cost the earth who may deal with this?
As we are in N. Ireland our local solicitors apparently don’t have the authority to deal with English law.
Thanks.
Car is Mercedes worth roughly £16K and has had adblue disconnected. My daughter bought this car in London and we live in Belfast. She has contacted the dealer listing the faults ( there’s quite a few) and they want the car returned to inspect. They also added in their reply that they may counter sue if she goes down a legal route.
So first question, anyone been in a similar position and how did you proceed?
Secondly anyone recommend a solicitor that doesn’t cost the earth who may deal with this?
As we are in N. Ireland our local solicitors apparently don’t have the authority to deal with English law.
Thanks.
Summarising CRA:
30 days to 6 months: You must give the retailer one opportunity to repair or replace the faulty item. If that fails, you can claim a refund.
So you need to get the car to them so they can inspect/repair it.
Did you already threaten going legal ? Seems a bit odd that they are already talking about counter suing!d
30 days to 6 months: You must give the retailer one opportunity to repair or replace the faulty item. If that fails, you can claim a refund.
So you need to get the car to them so they can inspect/repair it.
Did you already threaten going legal ? Seems a bit odd that they are already talking about counter suing!d
stoop44rio said:
They also added in their reply that they may counter sue if she goes down a legal route.
I can only imagine they mean they'll lose money as they'll have to re register the car from it now being in Northern Ireland?Ask them by email.
On what grounds will you be suing me?
Solicitors cost £300 ph
Under the CRA you need to return the vehicle to them to inspect should they request you do so. They have requested it.
I'd say your choices are
1/ Return the vehicle to them for inspection
2/ Get the car inspected locally and provide a list of issues and negotiate with them to get repaired locally
3/ Reject the car as it had Ad Blue removed illegally
Under the CRA you need to return the vehicle to them to inspect should they request you do so. They have requested it.
I'd say your choices are
1/ Return the vehicle to them for inspection
2/ Get the car inspected locally and provide a list of issues and negotiate with them to get repaired locally
3/ Reject the car as it had Ad Blue removed illegally
Sheepshanks said:
If AdBlue is removed does that make the car unroadworthy? If so, it's a criminal offence to sell an unroadworthy car.
Problem is ~ how do you prove the current owner didn’t do it ? We know that’s not the case but the dealer doesn’t Then again common sense would be for the dealer to sort it locally to the owner.
My guess is if the op wants a refund it’s down to them to get it back, it’s not their fault about the distance between the two.
Car was inspected by local (Belfast) Mercedes specialist who gave her a printout of faults which also included faulty fuel system which threw up the EML. She sent them a copy by email to which they responded with return car for inspection/ we can counter sue. I think this is because she mentioned she will be seeking legal advice.
It’s completely illegal to sell car with adblue removed. My daughter is in a bit of a situation because they want car returned to London which will leave her without a car for length of time. I have a feeling they will drag their heels with the inspection hence asking does anyone know of a reasonable solicitors to deal with.
Some solicitors so far have been asking mental money.
It’s completely illegal to sell car with adblue removed. My daughter is in a bit of a situation because they want car returned to London which will leave her without a car for length of time. I have a feeling they will drag their heels with the inspection hence asking does anyone know of a reasonable solicitors to deal with.
Some solicitors so far have been asking mental money.
stoop44rio said:
Car was inspected by local (Belfast) Mercedes specialist who gave her a printout of faults which also included faulty fuel system which threw up the EML. She sent them a copy by email to which they responded with return car for inspection/ we can counter sue. I think this is because she mentioned she will be seeking legal advice.
It s completely illegal to sell car with adblue removed. My daughter is in a bit of a situation because they want car returned to London which will leave her without a car for length of time. I have a feeling they will drag their heels with the inspection hence asking does anyone know of a reasonable solicitors to deal with.
Some solicitors so far have been asking mental money.
Why don t you get the car inspected by:It s completely illegal to sell car with adblue removed. My daughter is in a bit of a situation because they want car returned to London which will leave her without a car for length of time. I have a feeling they will drag their heels with the inspection hence asking does anyone know of a reasonable solicitors to deal with.
Some solicitors so far have been asking mental money.
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They re part of the same group, assuming you bought the car off a main dealer, so head office can be approached to intervene.
Unfortunately you are in a weak position here and the dealer knows it.
You have to return the car to them to repair as you are past 30 days. The dealer knows you won't want to do that because of distance. I don't think they have any legal obligation to pay for the car to be repaired local to you. I suspect they must have known about disconnected ad blue, and possibly other faults, and I'd have little confidence in them carrying out robust repairs.
I'd be asking them to compensate you for the cost of the major faults and stating your Google and other revues will reflect how they deal with putting things right.
You have to return the car to them to repair as you are past 30 days. The dealer knows you won't want to do that because of distance. I don't think they have any legal obligation to pay for the car to be repaired local to you. I suspect they must have known about disconnected ad blue, and possibly other faults, and I'd have little confidence in them carrying out robust repairs.
I'd be asking them to compensate you for the cost of the major faults and stating your Google and other revues will reflect how they deal with putting things right.
If the repair value is under 10,000 you can do small claims court for a low cost although I’m not sure if that will work for you if in Belfast. I’ve successfully taken both Electrolux and a garden centre chain to small claims and they both settled immediately open receiving the court filing notification.
You need to follow the process though. You definitely need to take the car to London, and you’ll need to confirm in writing that if they do not fully resolve the faults identified in your report, you’ll take them to small claims court.
You’ll then need an independent assessment of the repair costs and sue them in small claims court for this amount.
The court filing will be sent to them and they have an obligation to communicate through the court portal and make an offer in a fixed period of time.
It’s much easier than you think and if the car is a dud, they likely will just back down and refund you, they will probs then wash their hands of it in auction.
You need to follow the process though. You definitely need to take the car to London, and you’ll need to confirm in writing that if they do not fully resolve the faults identified in your report, you’ll take them to small claims court.
You’ll then need an independent assessment of the repair costs and sue them in small claims court for this amount.
The court filing will be sent to them and they have an obligation to communicate through the court portal and make an offer in a fixed period of time.
It’s much easier than you think and if the car is a dud, they likely will just back down and refund you, they will probs then wash their hands of it in auction.
stevemcs said:
Sheepshanks said:
If AdBlue is removed does that make the car unroadworthy? If so, it's a criminal offence to sell an unroadworthy car.
Problem is ~ how do you prove the current owner didn t do it ? We know that s not the case but the dealer doesn t Then again common sense would be for the dealer to sort it locally to the owner.
My guess is if the op wants a refund it s down to them to get it back, it s not their fault about the distance between the two.
APC1 said:
If the repair value is under 10,000 you can do small claims court for a low cost although I m not sure if that will work for you if in Belfast. I ve successfully taken both Electrolux and a garden centre chain to small claims and they both settled immediately open receiving the court filing notification.
You need to follow the process though. You definitely need to take the car to London, and you ll need to confirm in writing that if they do not fully resolve the faults identified in your report, you ll take them to small claims court.
You ll then need an independent assessment of the repair costs and sue them in small claims court for this amount.
The court filing will be sent to them and they have an obligation to communicate through the court portal and make an offer in a fixed period of time.
It s much easier than you think and if the car is a dud, they likely will just back down and refund you, they will probs then wash their hands of it in auction.
This is a touch more complicated than a standard CRA(15) claim. You need to follow the process though. You definitely need to take the car to London, and you ll need to confirm in writing that if they do not fully resolve the faults identified in your report, you ll take them to small claims court.
You ll then need an independent assessment of the repair costs and sue them in small claims court for this amount.
The court filing will be sent to them and they have an obligation to communicate through the court portal and make an offer in a fixed period of time.
It s much easier than you think and if the car is a dud, they likely will just back down and refund you, they will probs then wash their hands of it in auction.
There are a few more hurdles in play should the matter progress into litigation via the Small Claims Track. The Claimant is Northern Ireland based and the Respondent based in England and Wales - so whilst still possible, it will add some significant complexities into the process owing to the difference in judiciaries for a Litigate in Person to navigate as it potentially becomes a European Small Claims charade.
As I say, it can be done but it is not just as simple as a straight MCOL out of Northampton and sitting back.
I would imagine if you rolled into service they would run the argument for a straight strike-out on the forms ,as since BREXIT then there is now a border across the Irish Sea. I would argue, if I was on the other side, that the vehicle has now been permanently exported by the OP’s Daughter and one would have thought, they would already have a specific T&C which will deal with exported vehicles they will rely on.
You mention the Dealership have intimated htheir intention to counter litigate - for what?
If the Dealer is on the ball, having taken external or in-house advice, they will know this won’t be a simple open-and-shut and by the sounds of it, have started to entrench their position early-doors.
Edited by ADJimbo on Saturday 18th October 21:25
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