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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 28249
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I purchased a car roughly 6 months ago from a main

Customer Question

Hi there I purchased a car roughly 6 months ago from a main dealership, everything was fine up to 2 months ago when the car stopped charging due to a fault, the dealership had the car for 7 weeks in total waiting for being repaired, I got the car back last month and now the car stopped charging again due to another charging fault, I wanted to know if I am in title to get my deposit back and return the car by law due to being faulty.
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: the dealership have fixed the car the first time, and they have the car at the workshop again trying to fix this again
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not really
Submitted: 18 days ago.
Category: Law
Expert:  Joshua replied 18 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. Are you able to clarify whether you have owned the car for more less than six months please? The reason this question I will make clear in my response.
  2. Have you communicated with the garage following the new occurrence of the fault?
  3. from what you say, the fault of the same fault that occurred previously?
  4. Is there any finance on the vehicle or did you buy the vehicle for cash?
Customer: replied 18 days ago.
Yea I have had it since September 2020 so less than 6 monthsYes I have communicated with the garage regarding the new occurrence of the fault and they currently have the car in their workshopIt is a charging fault again but I do not know if it is the same part that is causing the fault.Yes their is finance on the car.
Expert:  Joshua replied 18 days ago.

Thank you. so to be clear, you have allowed the dealer to take the car back for another attempt at fixing it already?

Customer: replied 18 days ago.
Customer: replied 18 days ago.
I have made them aware that I want to rerun the car due to the fault
Expert:  Joshua replied 18 days ago.

Thank you. Finally - I note your last comment. to be clear, did you return the car requesting a refund or did you return the car to them on the basis that you were allowing them another opportunity to fix? Is this documented in an email for example?

Customer: replied 18 days ago.
I have returned the vehicle because I made them aware of the fault and they asked me to bring it in so they can have a look and see what was wrong with it, at the same time I called head office and told them that there was a problem again and that I would like to return the car and get a figure of how much money I would get back, I also made the dealership manager aware that I wanted to return the car via email due to the fault.
Expert:  Joshua replied 18 days ago.

Thank you so lastly just to be absolutely clear on this point you have not confirmed to them that you are willing for them to attempt to fix the car?

Customer: replied 18 days ago.
I haven’t asked them to fix the car, I made them aware of the fault and they asked me to bring the car to the workshop dealership
Customer: replied 18 days ago.
The car had less than a year old when I got it from the dealership all the costs are under warranty
Expert:  Joshua replied 18 days ago.

thank you. From what you say, the car is not of satisfactory quality and may not be fit for purpose as there is an inherent fault either with the engine or engine management system and this Fault has re-occurred now twice.

following the date of your purchase, under the consumer rights act, you have a period of 30 days to reject the vehicle if there are any faults. after that period, which is clearly expired in this case, you still have rights however as follows: the faults occur after the initial 30 day period, you are required to provide the dealer with one opportunity to repair any fault. The dealer may choose to repair or offer replacement or refund at its discretion. if the dealer fails to repair the vehicle or repairs the vehicle at the fault re-occurs again as is the case here, there is no requirement thatt you offer the dealer another chance to fix the fault though you can do so if you wish. The reason I asked for such precision as regards ***** ***** you have asked them to fix the car, is because if you have given another opportunity, you would be bound to allow them that second opportunity to fix. however, what you say, you have not agreed to allow them a second attempt.

during the first six months, any faults are automatically assumed to be inherent and the responsibility of the dealer unless they can prove you have damaged the car. After the first six months, the position reverses and you must prove on the balance of probability that any faults are not the result of damage. Because you are within the first six months, it is for the dealer to prove otherwise if you claim there is a fault as they have already have an opportunity to repair, you can now serve them with notice of rejection under sections 20 and 24 of the consumer rights act 2015 and that you wish to make arrangements for a full refund issued. the dealer is entitled to make a deduction from any refund to take account of any actual use you have had from the vehicle. Any deduction must reflect actual reduction in value and the dealer cannot profit from this right. By contrast, you are able to claim any consequential losses you can show you have suffered as a direct result of the faults. This could include costs of returning the vehicle to the dealer such as fuel, costs of arranging alternative transport whilst he did not have the vehicle and so on

The notice does not have to take any specific form providing it is unequivocal and clear that it is a rejection. You do not have to mention the above legislation though it is no bad idea. You should keep evidence of the notice that you sent, for example by email or evidence of posting.

If the dealer refuses to refund the purchase monies, you can contact your credit card or bank to request a chargeback if you paid by credit or debit card. If you pay by bank transfer, and no part of the payment by credit card, you may need ultimately to consider issuing a claim in the County Court for recovery of any further funds but hopefully the dealer will reluctantly accede to your request.

if you are forced to consider issuing a claim in the County Court, the simplest way to issue proceedings as online using the following link:

https://www.gov.uk/make-money-claim

Customer: replied 18 days ago.
Thank you for getting back to me. With regards ***** ***** back any losses. I use the car to work as a mini cab and during the Xmas period I lost over £2000, I was able to hire a car that could be used as a mini cab but only after me kicking up a fuss, however out of that £2000 I am only due to receive around £600 due to having to pay for the hire car and deposit for it. Renault told me that they do not cover loss of earnings.
Expert:  Joshua replied 18 days ago.

as a consequence of breach of contract, you are entitled to claim reasonable consequential losses which you can demonstrate you have suffered as a direct result of the breach of contract. This can include loss of earnings if you can demonstrate that these losses were a direct result of the breach of contract but it must be considered that you have an obligation to mitigate any losses you suffer. So for example, in respect to the question of loss of earnings by way of example (and I do not suggest any of this is the case but merely offer it by way of illustration): if you decided to sit at home as a consequence of the car failure because hirign a car would exceed the cost of a hire car and insurance then you could claim the loss of earnings you suffered as a result of not being able to work. However, if your typical earnings are higher than the reasonable cost of hiring a replacement temporary vehicle, then to mitigate your losses, you would need to consider hiring a vehicle so you could work and whether you did or not you would be limited to the reasonable cost of hiring a replacement vehicle because this mitigates your losses.

Expert:  Joshua replied 18 days ago.

I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

Customer: replied 18 days ago.
They called me today and asked for a second chance but I told them that I want to reject the car. They said that they would have to speak to the finance company in order to get a figure and that I have put 7000 miles on the car since I’ve had it so they will make reductions in the figure. I have found several cars like mine but of a lower spec and a year older than mine with the same or similar miles selling for a high price so have saved these and will use this as a guide if the figure they come back with is too low
Expert:  Joshua replied 17 days ago.

thank you. If there is a finance company involved as well, and you should consider serving the written notice of cancellation ( remember a cancellation notice should be made in writing not just verbally) upon the finance company to. The finance companies jointly bound by the same consumer legislation we have discussed above. The reason this is important as it is important that any finance contract you have agreed is also cancelled along with the purchase of the car

Customer: replied 17 days ago.
Will serving a cancellation notice to the finance company affect my credit score
Expert:  Joshua replied 17 days ago.

No providing you continue to make payments until such time as the matter is resolved

Customer: replied 17 days ago.
if I serve a cancellation notice on the finance company will it mean that the interest will be void on the agreement, what will happen to the outstanding finance total of the car gets valued at less than the outstanding balance
Expert:  Joshua replied 17 days ago.

I do not suggest you should serve a separate cancellation notice on the finance company. Rather, you need to serve a written notice of cancellation or rejection as we discussed above under the consumer rights act on the dealer but copy that notice over to the finance company so they are aware of the issue. As and when the car is returned which would hopefully be by way of agreement rather than the need for court action, the finance agreement is also cancelled along with any outstanding finance. what happens in practice as the dealer would have to repay the finance company but that is a matter between them and does not need to concern you

Customer: replied 12 days ago.
Hi there josh I hope you are well. I’m not sure if you remember me but I just wanted some advice. I just spoke to the Renault dealership that has my car that I have rejected last week and they are saying that they are waiting to hear back from their lawyers with regards ***** ***** settlement figure as they said that the value that they would give the car would be less than the outstanding finance, I have emailed them 3 samples of the same car of a less spec with the same or higher mileage in order to show what they are currently selling at from Renault dealerships. Could you give me any advice on this. Thanks.
Expert:  Joshua replied 12 days ago.

reasonable deduction would usually be calculator by reference to the difference between what you paid for the car originally and the replacement cost of the car in its present condition and mileage. Evidence in this respect can be gathered by way of comparable is along the lines you have done from the sounds of it

Customer: replied 12 days ago.
They have said that they are waiting for an investigation to be completed from the manufacturer as the rejection would be back to them.does this sound right. My outstanding finance is around £12000, I put £3500 of my own cash down as a deposit plus around £1300 from a part exchange of my old car, the cars I have sent them are valued at around £11,500 to £12,100, would I get any of my deposit back do you think
Expert:  Joshua replied 12 days ago.

your contract is with the dealer and has nothing to do with the manufacturer. The only basis to refuse the rejection is if they can prove you damage the vehicle or the faults you claim are present don't exist. They of course are free to take the matter up with whoever they acquire the vehicle from, presumably the manufacturer but that is entirely separate and your rights to a refund and not contingent upon any discussions with their supplier.

Customer: replied 12 days ago.
Hi there. This is Renaults reply. Is there any advice you could offer me.As you will appreciate, the new issue with your Zoe is unrelated to the previous one so there is no grounds for rejection.  With regards ***** ***** previous rectification you kindly authorised us to repair and the issue was then rectified.  We now have parts on order for the current issue (A/C pump).
 
A solution could be that we purchase LX69YSF back from you.  You purchased the car on the 18th of September 2020 with 18743 miles.  On the 20th of January, when the car came in to us for the first issue, the mileage recorded was 26190.  That is a total mileage of 7447 in a little over 4 months.  Your current finance agreement stipulates no more than 10000 miles/annum?  We would need to take into account the excessive mileage driven as this will affect the vehicle’s current value against your current settlement figure with the finance company.
Customer: replied 12 days ago.
Hi there they have mentioned that this was not a related fault but it is because the previous fault would not allow me to charge the car and this fault even though it is a different part has brought up the same error messages and the car is unable to be charged just like the first time.
Customer: replied 12 days ago.
This is what I responded belowHi Sergio,Thank you for getting back to me, I have forwarded this email onto my solicitor and will see what he says, the fault maybe from a different component but it is still a charging fault as before which like back in November 2020 meant that the car will not charge and the issue remains the same that I am unable to plug the car into a charger and for it to charge, therefore I am issuing Renault with a notice of rejection. with regards ***** ***** mileage, I am allowed 10,000 miles per year and have not exceeded that allowance and it is pure speculation that I would exceed that as It would be up to me to manage that allowance and as long as I do not exceed that it is fine. From the sample vehicles that I emailed you a few days ago the price of those should reflect any offer made as they have similar or higher mileage are of the same age but a lower spec, also please take into consideration that I have now made 2 payments for the car and battery whist I haven’t had it and have not had use of it for a total of 8 weeks and 4 days tomorrow. I have also lost a considerable about of money from being unable to work due to the car being broken not to mention the stress and anxiety that this whole matter has caused. Please could you get back to me with regards ***** ***** email and I will let you know what my solicitor says.Kind regards
Alan peddis
Expert:  Joshua replied 12 days ago.

We have discussed this now I believe - sorry for not tying the two together.