Audi A5 Forum & Audi S5 Forum banner
1 - 5 of 5 Posts

· Registered
Joined
·
174 Posts
Check out the Consumer Rights Act 2015.

If you were not made aware of the issues before you bought it by the seller, then the car is not of satisfactory quality.

If you had complained to the dealer within 30 days of buying the car you would have the statutory right to reject it and get a full refund.

After that but within the first 6 months you have the right to a repair, replacement car or refund. If the seller chooses to repair they are only allowed one attempt and have to carry out the repairs in reasonable time. Within the first 6 months the burden of proof is on the seller to show that the faults did not exist when the car was sold to you.

You need to contact the seller and ask for a refund. They can offer you a repair or replacement as an alternate remedy.

If they play hardball you need to complain formally in writing. Check if the seller is a member of a motor trade organisation that has a dispute resolution process and tell the seller you will be complaining to them too.

If none of that solves it write a formal Letter Before Claim giving them 14 days to sort it out before you file a Money Claims Online/small claims court claim.

See more here (and consumer advice contact number):


Sent from my IN2013 using Tapatalk
 

· Registered
Joined
·
174 Posts
Unless you advised the seller within 30 days of buying the car, you don't have the statutory right to reject it. The seller can either offer to repair, replace or refund but it's their choice.

They've obviously decided to repair. It's worth noting that they are only allowed one attempt to repair the faults. If the faults remained after one repair attempt you would then be able to reject it.

If you are not happy with what the seller is offering at this stage you could try Alternate Dispute Resolution (ADR) through a motor trade organisation. Check if the seller belongs to one and complain to them. You would have to complete ADR as a pre-action protocol anyway if you wanted to take the seller to court.

Another option if, and only if, you paid at least £100 of the total price on a credit card, you could make a Section 75 claim to the card provider to try and get your money back from them .

As I said previously your rights and what you can do are covered by the Consumer Rights Act 2015. The following is a useful summary!


Sent from my IN2013 using Tapatalk
 

· Registered
Joined
·
174 Posts
@LewisTiburon

If you have proof that you complained about the faults within the first 30 days, i.e. in writing, then you can reject the car for a full refund.

The seller's choice to repair, replace or refund only kicks in after 30 days.

Sent from my IN2013 using Tapatalk
 

· Registered
Joined
·
174 Posts
@LewisTiburon

The seller has proposed a scheme of repairs, which they are entitled to do at this stage. You could ask them to replace the car with a like-for-like but they can object to having to replace it with another as being disproportionately expensive compared with repair.

If you are unhappy with what's being offered by the seller you MUST WRITE to them saying why you are unhappy with what they are offering and spelling out what remedy you want.

If they reply and don't budge on their initial repair offer you are in deadlock.

You will then have to complain to a recognised motor trade Alternate Dispute Resolution Scheme. Check which one the seller is a member of.

In parallel with the above, you should start a Section 75 claim against the finance/credit card company. This course of action is open to you if you bought the car on finance/HP/loan or if you paid at least £100 of the cost of the car on a credit card.

So the first thing I would recommend that you do now is write to the seller, along the lines that @Dippy suggested in post #12. In other words spell out in full and in as much detail as you can all the faults that you require them to fix.

Sent from my IN2013 using Tapatalk
 
1 - 5 of 5 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top