Advice regarding CRA 2015 & car dealers
Discussion
After a little advice and real world experience regarding trying to return a car to a dealer using the CRA 2015
A little background -
Put deposit down on a 118i D on 3rd October, following a short test drive. Car had a warning light on the dash for a faulty bulb, but nothing else. Agreed that the bulb needed replacing, returned to pay the balance on 7th October. Dealer arranges to switch the V5, and sorts the tax in my name.
DPF light comes on 3-4 times over the next week, doesn't stay illuminated, is annoying but not major.
On the morning of the 16th the car just cuts out -total loss of drive. Green flag attend, plug in the diagnostic box and inform me that the cam sensor has gone, but there are also 11 other faults (inc the DPF) that the car is saying is wrong. Car is towed back to my house as I cant leave it on the side of the road. I contact the dealer, and he doesnt want to know - says as its 7 days after purchase, not his responsibility. I bring up the CRA legislation, that as the car is not fit for purpose (ie it doesnt start) I'm legally entitled to a refund within 30 days. I need a car for my commute, and this is leaving me in the position of having to buy another whilst this is sorted out. I have no need for 3 vehicles, so a refund (at no further cost to myself) is the only option Given the list of faults I have no confidence in the car, and that I am expecting a full refund. He says I should have had it towed to his yard, he'll look at it, but I've got to pay to get it there. After some discussion he says he'll sort and ring me back the next day...
3 days later and no contact. I ring back, and inform that as they have not sorted it I'll be bringing it back myself.
On the 20th October I return the car via a flat bed. After the salesman tries to start the car he says the boss is busy, cant see me now but if I leave the keys and paperwork he'll ring me back tomorrow. Again, I have no faith in them ringing me back as they seem impossible to do this at any other time.
Eventually (45 mins later) the manager agrees to see me. After a conversation between the salesman, the manager and another person in a language that I dont speak, they argue that they are entitled to 1 attempt to rectify the issue. After I state again the CRA 2015 legislation I'm basically told that I'm a liar, I could have taken the senor off myself, and that they are sending it to their mechanic.
I have no problem with their mechanic examining the vehicle, even though the engineer report from the call out states what the issue is. They then tell me that as I haven't got the V5 they wont be refunding me, but will get back to me in 7 days.
Rather than accept my written explanation, they wish to receive it via email. I leave the written copy anyway, keep the spare key and paperwork and then leave. I write the email, and after searching on the website find they have no email address. After another call to the manager (from a different number) they then state their email address. Email is sent, no confirmation is received.
I check with the DVLA and they have never transferred ownership, the last log book was ordered in September, and at the very least they have been in error, at the most I've been lied to regarding this process.
I have no doubt that they will continue to drag their feet, ignore my communications and put obstacles in every path, however I'm at a loss as for where to turn next.
TL/DR
Seem to have been sold a lemon by a dodgy dealer, has anyone had any success with returning goods under the CRA 2015, and if not what did you do next? Chargeback through bank? Trading standards? Small claims?
Cheers.
A little background -
Put deposit down on a 118i D on 3rd October, following a short test drive. Car had a warning light on the dash for a faulty bulb, but nothing else. Agreed that the bulb needed replacing, returned to pay the balance on 7th October. Dealer arranges to switch the V5, and sorts the tax in my name.
DPF light comes on 3-4 times over the next week, doesn't stay illuminated, is annoying but not major.
On the morning of the 16th the car just cuts out -total loss of drive. Green flag attend, plug in the diagnostic box and inform me that the cam sensor has gone, but there are also 11 other faults (inc the DPF) that the car is saying is wrong. Car is towed back to my house as I cant leave it on the side of the road. I contact the dealer, and he doesnt want to know - says as its 7 days after purchase, not his responsibility. I bring up the CRA legislation, that as the car is not fit for purpose (ie it doesnt start) I'm legally entitled to a refund within 30 days. I need a car for my commute, and this is leaving me in the position of having to buy another whilst this is sorted out. I have no need for 3 vehicles, so a refund (at no further cost to myself) is the only option Given the list of faults I have no confidence in the car, and that I am expecting a full refund. He says I should have had it towed to his yard, he'll look at it, but I've got to pay to get it there. After some discussion he says he'll sort and ring me back the next day...
3 days later and no contact. I ring back, and inform that as they have not sorted it I'll be bringing it back myself.
On the 20th October I return the car via a flat bed. After the salesman tries to start the car he says the boss is busy, cant see me now but if I leave the keys and paperwork he'll ring me back tomorrow. Again, I have no faith in them ringing me back as they seem impossible to do this at any other time.
Eventually (45 mins later) the manager agrees to see me. After a conversation between the salesman, the manager and another person in a language that I dont speak, they argue that they are entitled to 1 attempt to rectify the issue. After I state again the CRA 2015 legislation I'm basically told that I'm a liar, I could have taken the senor off myself, and that they are sending it to their mechanic.
I have no problem with their mechanic examining the vehicle, even though the engineer report from the call out states what the issue is. They then tell me that as I haven't got the V5 they wont be refunding me, but will get back to me in 7 days.
Rather than accept my written explanation, they wish to receive it via email. I leave the written copy anyway, keep the spare key and paperwork and then leave. I write the email, and after searching on the website find they have no email address. After another call to the manager (from a different number) they then state their email address. Email is sent, no confirmation is received.
I check with the DVLA and they have never transferred ownership, the last log book was ordered in September, and at the very least they have been in error, at the most I've been lied to regarding this process.
I have no doubt that they will continue to drag their feet, ignore my communications and put obstacles in every path, however I'm at a loss as for where to turn next.
TL/DR
Seem to have been sold a lemon by a dodgy dealer, has anyone had any success with returning goods under the CRA 2015, and if not what did you do next? Chargeback through bank? Trading standards? Small claims?
Cheers.
Cheers for the replies, paid the balance with visa debit card, and my bank will action the chargeback provided I've given the dealer time to reply.
After chatting to a lawyer friend, she suggests much like above - head to the dealer and refuse to move until its sorted.
And yes, I did drive the car appropriately following the dpf warning light coming on 😉 just a shame it started doing it repeatedly.
After chatting to a lawyer friend, she suggests much like above - head to the dealer and refuse to move until its sorted.
And yes, I did drive the car appropriately following the dpf warning light coming on 😉 just a shame it started doing it repeatedly.
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