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In regards ***** ***** repir / reject - when we returned it they said there was no fault it was just a badly fitted roof. I allowed them to refit the roof as they were sure this was the reason it leaked and after spraying a hose on it it appeared it was the problem.The roof seal had actually gone and so they did not repair what we rejected it for in the end. Can we still reject it?
For the theft act it is the part that coveres joy riding not actual theft. Taking without consent. I believe they have driven my car with no legal reason as they need to believe they have a right to drive it to not have my express permission. We expressly told them not to get it repaired so they have no legal right to drive it. Would this not be classed as joy riding as surley they cannot just drive a car when they want to?
And finally in regards ***** ***** case I mentioned, as they have undertaken unauthorised repairs to the car does this mean they have legally accepted the rejection?
Yes thanks - one final question. We put in writing that we wanted to reject the car when we first returned it. However they insisted that it was not faulty and it was only the roof that was fitted badly. They said it was their legal right. Would refitting a roof count as a repair? We took it back after that first time as it didnt look like it leaked.
We then rejected it again and they have undertaken additional repair work where they have actually had a roof specialist do the work. We told them we did not want the work done aso does this not mean they have accepted the rejection as per Bowes v J Richardson & Son Rugby County Court, 28 January 2004.
Would it be up to the court to decide if the refitting of the roof (which as it is a removable hard top) counrt as a repair?
Thanks for your help - the problem is the car cost £12,200 so it would be outside small claims. They have said they have repaired the leak so we are trying to decide what to do. We do not want the car but they are saying they are putting it in storage tomorrow and charging us £30 a day. Even though they cant do legally we will not be able to get our money or the car back without going to court.
If we go to county court and the fees are £10,000 - if we only get 70% back it would cost us £3,000 and we would be better just taking the car back and reselling it or taking their offer of £11,000.
We seem to be unable to do anything without it costing us a great deal of money
no that's great thanks