KevinV said:
Barnsh,
Question for you, what would you say to a dealer who tells you they have taken legal advice and continuing b pillar rattle is not grounds to reject a vehicle. Car has been through JLR 3 stage fix once, and now been through stage 1 again and still ticking.. Actual words below
After consultation from our legal advisors, we do not feel that there are appropriate grounds to accept rejection of the vehicle under the 2015 consumer rights act. We will of course continue to work with JLR and explore every avenue in resolution of your concerns.
Could do with some words of wisdom from one who has already been through this. I have taken initial advice myself.
Dear xxxx
Under the Consumer Rights Act 2015 I have to give you ONE attempt at repair, if this attempt at repair fails I am entitled to reject the vehicle. The law clearly states this is my legal right to do so, the law also clearly states you are to process my rejection without delay.
I am puzzled at your legal advisors stance as he/she appears not to be fully aware of the Consumer Rights Act 2015 which can be read here
.
http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
A summary can be found here.
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
Whilst you say you are in discussion with JLR, this is irrelevant as my contract is with you the dealership and not JLR as the manufacturer.
I am rejecting the Vehicle as the goods are Not of Satisfactory Quality
Consumer Rights Act Part 1 Chaoter 2 Section 9
3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods-
(a)fitness for all the purposes for which goods of that kind are usually supplied;
(b)appearance and finish;
(c)
freedom from minor defects;
(d)safety;
(e)durability.
I have given you opportunity to repair as required under the final Right to reject :
Consumer Rights Act Part 1 Chapter 2 Section 24
5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations-
(a)
after one repair or one replacement, the goods do not conform to the contract;
(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or
(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a)
to do so within a reasonable time and without significant inconvenience to the consumer.
Your position in accepting rejection is therefor clear
Consumer Rights Act Part 1 Chapter 2 Section 20
7)From the time when the right is exercised-
(a)
the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.
I am sorry we have come to this predicament , but it is quite clear that my vehicle suffers from a manufacturing defect , this is well covered in the Topix bulletin describing the defect and repair procedures. I have given opportunity to attempt repair on more than one occasion therefor it is time to draw a line under this unfortunate episode and request you respect my Rights as a Consumer forthwith without inconvenience.
I have taken legal advice , and am fully prepared to utilise the services of my solicitor should the need arise.
I expect to hear from you within 7 days.
Kind Regards
I'm no fool
xxxxx