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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66732
Experience:  Qualified Solicitor
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We have rejected a car and the dealers have agreed to a

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We have rejected a car and the dealers have agreed to a replacement. We were given to the end of May to find a replacement, and we have, but the dealers won't pay what is being asked despite it being only £500 above their limit. We have said we take a refund instead but they giving a low value, not based on mileage or usage and are trying to force us into buying a new car instead. We can't afford this. Where can we go from here - we're happy with a refund but it has to be a value at which we can buy a replacement, and it isn't
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Chelmsford Used car purchased March 2019 Broke down November and was fixed Broke down again on Boxing Day Had a ten week repair and broke down again a week later Been in their garage since 14 March
JA: What steps have you taken so far?
Customer: We let them repair a few times and then as complete electrical failure in fast lane with no warning, we refused to take the car back as dangerous We rejected the car and Land Rover have accepted our rejection based on history We feel they are trying to force us into a new car or take a low refund
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, think that's enough!

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 13 days ago.
OK

Why are they offering a low value for the car in order to provide a refund? What reason have they provided for this?

Customer: replied 13 days ago.
They haven't - they say it's there calculation and won't budge. It equates to 64p per mile and is more of a trade in value
Customer: replied 13 days ago.
It doesn't enable us to buy a like for like replacement

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. You have a couple of options from here, assuming that you have been unable to reach a resolution with the dealer.

Initially you can consider reporting them to Trading Standards and seeing if they can do anything about it and convincing them to act in a fair and reasonable manner However, that could take some time and there are no guarantees of success. You can nevertheless report them here if needed:

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

After that you have the option of going to the Small Claims Court to seek compensation for any difference they are unwilling to pay.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Customer: replied 12 days ago.
The dealer is offering a very low repurchase value which leaves us unable to buy a similar car to the one we had. Is this allowed?

They are allowed to deduct anything for depreciation in value due to usage whist in your possession, such as additional mileage, but obviously such reduction needs to be fair and if it is not then you can challenge them as detailed earlier.

Does this clarify things a bit more for you?

Customer: replied 12 days ago.
They have stated that an adjustment of 45p per mile is their adjustment, which we are OK with, but they have given us a low trade in value and added this to it rather than take the adjustment from the purchase price we paid, which leaves us unable to purchase a car at the same level as the faulty car we have had to reject. This doesn’t seem fair.

No it does not. They should not unreasonably lower the trade in value – this is not a ‘normal’ trade in, this is one where they are taking the car back under your statutory rights

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 11 days ago.
Thank you, ***** ***** we go if they refuse to budge on repurchase price?

Hi, as per my original response above you would have to challenge them in the Small Claims Court for the difference under dispute. The steps you need to follow are outlined there.

Does this clarify things a bit more for you?

Customer: replied 11 days ago.
thanks

You are most welcome

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