Lawyer sent his email giving the dealer a deadline of 21 September to give me a full refund or it'll end up in MVDT or "Common law" <-- I'm assuming that's court. The director of the company that spans the two dealerships replied and, with a brief message, basically said get f**ked. He believes that two injectors is a minor issue and that they shouldn't have to fork out for a proper repair of a full set. He said that the idea of selling a car with wiped codes and a pre-existing problem is absurd and therefore the fair trading act doesn't apply to them... He linked the AA report as well. He then spewed all of the usual bull about dealerships standing by customers and they stand behind their vehicle 100%.
My lawyer told me I could email them back and make a compromise if I like, but be careful not to screw it up.
I did so, and told the director that the fact that two injectors is a minor repair in terms of time spent doesn't mean that it's a minor issue. I told them the AA is a visual mechanical inspection and doesn't look at the computer as far as I'm aware. I've had my car all of one day and even that day wasn't trouble free. The dealership lied to me about what was going on, tried to claim against my warranty and failed, and tried to cover up that they changed the repair. They then tried to cheap out on me as much as they could and pull the car out of my sight to do so. That whole fiasco took more than three weeks. I said that clearly doesn't speak to it being a minor issue and the point of a car is to drive it. The fact that I couldn't drive my car that from day two is the definition of it being not fit for purpose and i'm not interested in keeping it.
I proposed a compromise. I proposed that I would accept that fix. I said that the terms of this would be that he guarantees the car against any further issues, injectors or otherwise, that affect its usefulness, for the next 30,000km. If there is an issue, he is to without question give me a full refund of the purchase price and finance exit fees. I told him that as he clearly stands by the conduct of his staff and believes with them that two injectors is an appropriate repair, I'm sure he would jump at the opportunity to prove that they have sold me a quality vehicle.
I was careful to specify at the end that It's a good-will agreement and that I in no way waive my rights under any consumer law that applies to the purchase.
Now, I don't know what kind of freaking Git would accept someone putting more km's and wear on the car, only to risk having to refund it later. I don't think that they'll even think about accepting that, but It should hopefully put a stop to their pride bulls**t. That's what it's intended for. They either stand by their hard line stance that the car's amazing and two injectors is enough, or they don't. If they do accept it, I'd just about take it as a win as it would be peace of mind either way. Hopefully it's enough for him to just say screw you here's your refund. I'm very ready to take them to the cleaners if they say no.
Even if I don't win, it'll be a good shake up for them because it's not good enough. I can't believe that even the director of this company is willing to listen to how his staff have acted, and deny someone a refund for what must be a meager loss in terms of a dealership's daily revenue. He must not care much about his companies name...