Hi all-

I'm having to go down the legal route to get my money back on a car, and wondered if a Small Claims Court is the right way to go. Back story is on the 'Technical' forum, but a summary is:

We bought a 2015 "Style" (1.2 VTI) from a dealer last week. On the drive home it manifested an EPS fault, and I phoned the supplying dealer there and then. They asked me to find out what the problem was and they'd foot the bill.

I got it checked via an independent Pug/Citroen specialist and their diagnosis was a failing EPS system, about £2500 all in using genuine parts. Clearly, this was why it was traded in. My bad. It seemed like a good one.

The dealer has been informed (this was a trial involving using a mobile phone borrowed from a friend) and wants to repair the car. For various reasons, mostly around them attempting to avoid my calls since the issue happened, I dont want this. A trustworthy outfit wouldn't have avoided my calls, and if I did, they'd have my car and my money. As it stands just now, even the promised invoice for sale hasn't yet arrived by email, never mind anything else. Fortunately I have a full record of the transaction, including Auto Trader advert, bank transfers, their iMessages (listed against their published AT contact number). So I want to reject the car entirely.

And apparently, I'm legally entitled to do so:

https://www.thecarexpert.co.uk/rejecting-a-car/

Short-term right to reject – the first 30 days

If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

You do not have to accept a repair or replacement vehicle (although you can if you want to).

You are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.

It is the dealer’s obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect.'

I've informed the dealer that I'm going down the rejection route- oddly enough, initially by iMessage as they wouldn't pick up, and then via a recorded delivery letter to their business premises, sent yesterday, with all the evidence of what happened included. I even offered to drop it off if they paid my fuel and train ticket, rather than them send a car transporter, just to get it sorted out quickly.

By return iMessage, they're telling me that I agreed to a repair, which isn't the case- when they expressed a wish to do this, I told them I'd check my rights and get back to them, which I have done. (They're claiming that they recorded my call agreeing to a repair, which is laughable)

So I think it's going to get legal. The recorded delivery letter will arrive with them today, and my intention was to give them until the end of the bank holiday to consider and then take it further. So on Tuesday, I was going to mount a small claims action for this. This will cost me about £200, but it's worth it. This was a lot of money to me, I'm not wealthy and we really needed this car in working order.

Has anyone else ever had to do this?

Edited by pugnacious on 06/05/2023 at 09:23