MCE

Thank you for your comment.

£2995 2006 Subaru Impreza with 111,000 miles.

Yes, English is not my first language. The bolt on the alternator anchor point could break due to a sudden jolt or impact caused by speed bump or pot hole. Hence this was not present at the time of sale, customer confirmed the vehicle driver normal at the time of collection. She had done 290 miles on the car before it became stiff. We suspected after the bolt broke with the alternator moving, the auxiliary belt will loosen and reduce drive to the power steering pump pulley. however, customer confirmed she bought the Subaru for her son who just passed his driving test, so we don't know what had happened behind the wheel but customer confirmed the steering suddenly became stiff while driving.

Yes, just jointed. Thank you for letting me know about IMDA.

Thank you. The questions we want to clarify are:- -For customer to reject under 30 day's, do they need to proof the fault was existed at the time of sale or it can be accept if it happened within 30 days? -Is Gesture Goodwill offer legally binding? And can it be withdrawn if party don't follow the agreement to return the vehicle on the agreed date and time? -Broken bolt is it major fault?

That's is what we thought but the solicitor advise go against it, so going to get second opinion. I will keep everyone update about the hearing, if our gesture goodwill offer go against us.

We did offer to help:- (a) the vehicle come with a free AA 6 month warranty, with a claim limit of £1000 p/claim and steering is cover part. (b) we offered to inspect and repair by replaced the bolt. Customer did confirmed in writing to us, the steering only became stiff days later, it was not present at the time of sale nor during test drive.

Sorry, I mean she submit her case to Court on 28th May 2019, hearing in Dec 2019, so getting some advise.

No, it was due MOT renew in Feb 2019, but she done nothing so currently the car have no MOT. She went to Court on 28th May 2019.

Your never know, now a day anything can be not fit for purpose! The legal advise came from a Partner of a big Law firm, that is why worry me! Is not from Mr Google!

That's correct, hence is not a full refund. But my solicitor said it doesn't matter, the Judge would view the outcome of that decision is having the vehicle back = accepted her rejection!

That's was my original thought, but the solicitor said, no matter what basis you use to made that decision, the point is you accept the vehicle back, the Judge will deem you accepted her right of reject within 30 days?! Even we had written confirmation, "we declined your 30 days rejection, but as gesture of goodwill we will accept the vehicle back at £xxxx as full and final settlement of your complaint." She accepted written in black and white, "I understand you declined my right to reject but we will accept your partial refund..... But she didn't turn up to return the vehicle on the agreed day, than contact us again 40 days later. My solicitor further said there is no time limit when she need to return the vehicle in CRA, but in fact we need to provide a full refund within 14 days after accepting the vehicle back, with or without her returning it??????? I am totally lost in this case, surly can't be so one sided! Any comment and advise are most appreciated.

Yes, we do sell many Subaru to women. We are not a repair garage and not have experience rebuild them, especially the one we pick are well look after. We did offer a gesture goodwill refund after deduction of £130 on used mileage as we declined her ground for rejection. I am not intend to caused argument on this chat but to share experience so other dealer can be aware. Thank you for you comment.

We specialist in Subaru and if you know Subaru, it is the old classic model that keep go up in value. The issue here is not the age / mileage, as we all know new car can still have complaint.

Yes, I agreed moving forward. Thanks I will keep everyone update on the Court hearing in Dec, depend on the outcome, it will certainly have a big effect for any business believe to move the matter by provide gesture goodwill offer, if it does proof it put us in a worst position compare to we just continue declined her claim.