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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 14219
Experience:  Senior Associate Solicitor
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Its a query regarding a faulty car situation i need some

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Hi its a query regarding a faulty car situation i need some help
JA: Where are you? It matters because laws vary by location.
Customer: Scotland Edinburgh
JA: What steps have you taken so far?
Customer: Requested dealer to repair my car but they refused
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not really
Customer: replied 1 year ago.
I bought this car on 9th December 2019 for £5190 with 3 months warranty. The car at the time looked and performed perfect . I had a start problem on the first month but thought it was just a minor error with the battery however i have the video of this problem from the 10th march only which officially passes the warranty time by 1 day .
Customer: replied 1 year ago.
Dealer says i have to replace engine which will cost £4400 and that will be a refurbished engine of another car or trade in my car at the dealer for £500
Customer: replied 1 year ago.
Please help
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 1 year ago.
I am ok to wait but i have a limited time as i want to start a dispute as soon as possible on the 9th of june it will be 6 months since iv bought the car so just to get the favour on my side i want to start a complain before that

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Do you want a repair and the repair will cost £4,400 - if that your total loss due to them selling a faulty vehicle or do you have more to claim?

Customer: replied 1 year ago.
i would like them to repair but they are refusing with excuse saying at the beginning when they offered me for a 2 year warranty i refused as it was really expensive . Now they are saying it has passed the complementary 3 months warranty that was on this car so they say they help me .they have offered me my car for a trade in for £500 instead please help is this fair am i being scammed here
Customer: replied 1 year ago.
Thanks in advance for your reaponse jim

Thanks, ***** ***** has no effect upon your statutory rights though. You are protected under consumer law here - statutory consumer law (under the Consumer Rights Act 2015).

You should sue them for the cost of the repairs - you should obtain a report from a garage to confirm the car is faulty and is likely to have been faulty from the outset. Once you have the report, you can threaten to sue the garage for the cost of the repairs (and if you win, you can get the car repaired at another garage). You can also report them to Trading Standards on 0808(###) ###-####

Once you have a supportive report, send a copy to the garage with a letter before action (see template attached). Give them 30 days to pay, assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here:

www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2

For claims over £300 (up to £5,000) the court fee is £104. If you are in receipt of certain benefits you are exempt from paying the above fee. The fee exemption can be applied for at the above website.

Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 year ago.
Thank you jim but do you think it is worth it ? Is it going to be a long process ?
Customer: replied 1 year ago.
As the car is 2012 model and has run atleast 70000 miles when i bought it had 66000
It’s worth it yes - £4,400 is a lot and the process isn’t too long as it’s a small claim, so worst case scenario it takes up to 6 months to resolve. The letter may do the trick though and trading standards may be able to help too. The car still needs to be free from defects and fit for purpose even if it’s a few years old. You are still protected under consumer law. If you paid by credit card the card company may reimburse you for this too - you’d need to ask them but generally when using a credit card your money is insured for these situations
Customer: replied 1 year ago.
The 4400 is actually the coat of fixing it by changing a whole refurbished engine not even a brand new as the manager said it will cost at least £10000 to change a new one what should i do i have driven the car now for six months since iv purchased it
Customer: replied 1 year ago.
Thanks in advance for your quick and helpful response

Hi, if the car has depreciated during this time then that needs to be taken in to account when you pursue them for your money back. You can either reject the car, then sue for your money back. Or keep the car and sue for the cost of repairs.

Customer: replied 1 year ago.
Thank a lot last question u have attached 2 letters which one should i send them ? And should i again call them before sending this letter (i have already requested them and they refused though)?and my car is with them should i bring it back home? I had paid the money through debit card is this insured like credit card ?
Customer: replied 1 year ago.
It has been 2 days I haven’t slept properly because of this issue it’s impacting my mental health as well

Hi, they should be both the same, one was pdf format and another in Word format. A call may not work - a letter is better and so is a threat to involve Trading Standards (and of course a threat of issuing a court case if all else fails). If the car is with them, you need to see if they will release it to you so yes, call them about that. No, a bank transfer is not insured but if you were scammed then the bank can charge-back (but only up to 120 days from when you paid).

Customer: replied 1 year ago.
Thank you . One confusion (the 3rd paragraph should i include that on the letter as i have passed 30 days of purchase it has been 6 months already ) and do i put in exact date that I discovered the fault as i was having the problem very rare sometimes few months earlier as well please thanks

Yes, you can remove the paragraph regarding 30 days and 6 months, you should put int he exact date you first discovered the fault, yes

Customer: replied 1 year ago.
should i bring the car home as it is not road worthy now because of the engine fault ?

Yes, you paid and until you get your money back, the car is still your property.

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

Customer: replied 1 year ago.
Absolutely a big yes i wish i could give you more than 5 star
Customer: replied 1 year ago.
I am having a problem to rate u

Many thanks, ***** *****'s fine, I will be rated in due course if you say you are happy with the answer, so thank you.

Have a good day and any other queries please come back to me

Customer: replied 1 year ago.
Hi jim they have acknowledged my letter (letter before action ) and they asked me about who i was dealing with the name of the manager etc . One question again is it okay to leave my car with them ? Will they not later blame me saying you took the car without sorting the problem and damaged it further etc . I would prefer the car to be with them if it is safe . And should i wait for them to reply me again before i report this matter to trading standards? Thank you
Customer: replied 1 year ago.
I just got a phn call from them saying if i wanted to get the car fixed by them and i said no as they had previously said they would put a refurbished engine and I don’t trust them do you think i really can get the money back ? Thank you

With the passage of time, I might not do that - if you sue them, they may not give the car back to you either. You can get the money back as you have strong consumer rights - if it was me I would be asking for a refund. I would say this to them and threaten to speak to trading standards too.

I hope this helps - if you could click on 5 stars at the top of the screen that would be much appreciated

Customer: replied 1 year ago.
Since i reject the offer do i need to again send them another email regarding my rejection decision or will that same letter work ? As i assume they might not reply me back saying the offered was being made and i refused and also the person who spoke with me on the phone was very firm he didn’t show sympathy not even a sorry thank you i will give u a five start but for some reason i am not being able to rate you on the top

If you want to reject the offer then you need to just reply to them to make it clear your letter before action sets out your demand. They are allowed one attempt to repair the vehicle after 30 days of ownership - if they refuse this repair then you are due a refund. You mentioned they refused to repair it due to a warranty issue - but a warranty does not affect your consumer rights under the Consumer Rights Act 2015.

It makes sense to allow them one chance to fix it - if it doesn't work then you can sue for the full cost of the car

Customer: replied 1 year ago.
I know the refurbished engine that they will replace it won’t last even months . And i would have to drive always with the fear of the car breaking down at any point . Can i also completely reject any offer and stick to my decision to get the money back ? I do not trust them at all sorry to ask you several times but just need a clear cut and the chances to get justice thank you
Customer: replied 1 year ago.
Many thanks in advance

The law says if you are after 30 days, you need to give them one chance to repair the car, unless the repair is impossible, unable to be done within a reasonable period of time, or will greatly inconvenience you. It sounds like a big job for the engine and given the passage of time you would be OK in my view to press them for a refund and if you have to, issue a claim for the money back

Customer: replied 1 year ago.
Thank you very much . One request would you be able to give me a rough template saying i still will stick to my decision because of the following reason ( inconvenience length of time and uncertainty of the engine as it will be a refurbished engine ) with the law stating i have the right to do so . I would like to send this to the GM and CEO of the company please if that is not too much to trouble as i am very bad in writing and plus i am a foreigner thank you

I haven't a template like that, sorry but your suggestion is fine and no legalese is required - just reiterate what you said to me in your last post.

JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 14219
Experience: Senior Associate Solicitor
JimLawyer and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks a lot i will send them another email and stick to my decision to get my full money back i am happy if they want to deduct the depreciation considering the amount of mileage i have driven thank you once again
Customer: replied 1 year ago.
I have rated you five star

Many thanks, ***** ***** good evening

Customer: replied 1 year ago.
Hi jim they have replied me finally with their decision would you please be king enough to read this letter and give me your best advice thanks you
Customer: replied 1 year ago.
have looked into this and sought the advice of my colleagues in Edinburgh we are off the opinion that the internal engine failure occurred was absolutely not present when you purchased the vehicle 5-6 months ago in fact we are confident it was prepared to a high standard.The vehicle has developed a fault which unfortunately has turned out to be major and as the engine clearly a car has a lot of moving parts and wear items you also have the risk of internal failure which is subsequently the reason we offer customers the option to purchase the 1 to year 3 warranty. I can confirm you have signed the relevant paperwork to say you were offered the Vertu Motor Assured Warranty and you declined . I can also verify the failure and subsequent repair would have been covered in its entirety by the VMA warranty.
Customer: replied 1 year ago.
The failure is unfortunately something that can happen in any car at any age and the consumer rights law which you have quoted can only be relevant if it is proven the car was sold to you with the major defect in which case the vehicle would not have been able to “ start “ when you picked up on 09/12/2019 and would not have run several thousands miles to fail on the 26/05/2020. The report from Hyundai Edinburgh will support this.I believe my colleague Paul Hattie has done all he can in terms of reduced rates and discounted parts and has explained the internal failure has developed but I will add if you agree a price with Edinburgh Hyundai we may consider getting you in to a courtesy car for the period of the repair.We strongly refuse your demand to refund you the full price of the car and we will contest any claims you have in terms of the Consumer Rights Act of 2015.

Thanks, ***** ***** need a report from an engineer to confirm the report is likely to have been there since you purchased it (as time has passed since December 2019, so the onus is on you to prove the fault was there - you can do this with a report and once you have it, see if the dealer will change their mind. If not then you can sue the dealer for your money back

Customer: replied 1 year ago.
Thank you jim But they have a report from the engineer saying fault may have not been there when purchased
that’s their engineer - who is biased. You need an independent report
The court would insist on an independent report - a lot of engineeers do reports which are admissible as evidence so that’s the next step.
Customer: replied 1 year ago.
Okay i will take it thank you so much and how should i respond to this email that they have sent me which i have copy pasted for you please advise thank you
Customer: replied 1 year ago.
They have said the consumer rights is irrelevant to this case and they want to contest it
I’d not respond to them as that’s their stance and they’re unlikely to change it at this stage. Consumer rights are irrelevant? It’s a statutory right - what an absurd suggestion they have made - you should report them to trading standards.
Customer: replied 1 year ago.
The failure is unfortunately something that can happen in any car at any age and the consumer rights law which you have quoted can only be relevant if it is proven the car was sold to you with the major defect in which case the vehicle would not have been able to “ start “ when you picked up on 09/12/2019 and would not have run several thousands miles to fail on the 26/05/2020. The report from Hyundai Edinburgh will support this.
Customer: replied 1 year ago.
This is their saying in writings sir
You have up to 6 years to sue them and you can get a report during that time. The consumer rights act is clear. I can continue tomorrow if you have any further questions
Customer: replied 1 year ago.
Thank you so much for giving me hope and trust I solely believe your advise and i am optimistic with your help i will sort this out soon tc
No problem, they are fobbing you off so I’m not surprised at their stance. Speak tomorrow anyway
Customer: replied 1 year ago.
Hi jim i have reported this matter to the trade association and they have sent me a letter template to send to a car dealer could you please look at it before i send it i am attaching it below
Customer: replied 1 year ago.

Hi, yes, that looks fine to me - let me know how you get on.

Customer: replied 1 year ago.
Thank you so much
Customer: replied 1 year ago.
Hi jim one question i used to do part time food delivery in this car probably did for 2 months would that make a difference to this case ? On the motor Ombudsman online application site they have mentioned if the car is being used for business they might have a limited chance of accepting my case.I am still waiting for the car dealer to respond my second email thanks in advance

In terms of the ombudsman then yes possibly but for a court case, no.

just a note that any further questions should ideally be posted within 7 days of this one (as the original one cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks

Customer: replied 1 year ago.
Thanks i will do that cheers