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 And can it be withdrawn if party don't follow the agreement to return the vehicle on the agreed date and time?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.

Not when she first complaint, the reason to reject is she worry the vehicle 2006 with over 111,000 miles won't pass its future MOT (6 month later) and she indicated the steering wheel became stiff 5 days later. No mechanic report at that point. We suspected the reason she want to return is the car not suitable for her son a first time buyer, so we just want to end the matter (been reasonable), as such we provided her a gesture of goodwill offer to buy the vehicle back. After she didn't turned up with the vehicle, 40 days later she provide a "per purchase inspection report" this report was carried out by Click mechanic.com, it doesn't record the mileage or chassis, was carried on her driveway not at a garage, it was from this report we understand why the steering became stiff due to the bolt been broken. She confirmed in writing the steering was fine at the time of collection and only happened a few days later, we also have a signed "pre delivery check list" confirmed the steering was in full working order. We think something happened when her son (first time driver) behind the wheel, the report doesn't say why the bolt broken. No, the vehicle sold with a valid MOT and not due a new MOT for further 6 months. Also the vehicle had no advisory on the pass three years records.

Thank you for the quick comments. When she made contact again, 40 days after no show. We referred her to the warranty, as by that point it was outside the 30 days, also the vehicle came with a free 6 month AA warranty with a £1000 claim limit, it is a easy fix to replace two bolts, we also offered free inspection and repair. After that she wrote to us every two months asking to reject the car which we declined, because the vehicle may failed it's MOT in 6 months is not a valid reason to reject, the blots snap was not existed at the time of sale and we have a pre delivery check list that she signed to proved. It is her decision when to summit to Court and we don't know why she waited all this time. Legal advise - by providing her a gesture of goodwill offer to accept the vehicle back is equally accepted her right to reject?!

Hi, We are small family run independent dealer, been in the Trade over 10 years. Want to share and get some advise on a case we due going to Court. Customer purchased a 2006 Subaru Impreza with 111,000 miles in Sep 2018 (Yes, 2018). 10 days later she complaint that the vehicle may not pass its future MOT 6 months later and the steering had become stiff. She than confirmed to us the vehicle is for her son who just passed the driving test. it seem to us that she made a wrong decision buying a 2.0 Subaru for a first time buyer and just want to get out of the vehicle, so we declined her 30 days rejection but as gesture of goodwill we offer to purchase the vehicle back by deducted the used mileage of £130.00. This offer was accepted and a date and time was agreed to return the vehicle, but she didn't turn up, she contact us to say she still waiting the log book so she need to wait for the log book to claim the road tax, we told her we will still provide her the refund without the log book. After her no show, we wrote to her the next day and said our goodwill offer is now withdrawn because she didn't turn up as agreed. 40 days later, she made contact again, say she is now taking us to Court for the full refund. We spoke with a solicitor, he said because we offer to accept the vehicle, the Judge would accept her claim and order us to accept the car again. (no matter it is goodwill offer), as the CRA did not stated when the consumer must return the good. She signed the invoice stated it is her responsibility to return the vehicle but the solicitor said the goodwill offer will deem as we accepted her right to reject from the Judges view. Is anyone have smaillier experience in Court? 40 days later she provided a "per purchase inspection report" stated the blot had broken on the steering which caused it become stiff. She also confirmed in writing that the steering was normal at the time of sale and only become stiff 5 days later. We thought we simply offered a solution to end the matter, but we now put ourself in a worst position by doing so. Any advise would be appreciated.