I purchased a car a few months ago, within 21 days the car was returned for repair, whilst in for repair I decided to refuse the car after repairs (we agreed 10 days but still had the car 20+ days later with no communications)

I have put in writing that I want a refund and the company has messaged back saying I can have a refund so long as I pay for the repairs to my old car?? This can't be right can it?

Under the new Consumer Rights Act 2015, you have a right to reject an item if it develops a defect within the first 30 days. You have to bring your rejection to the attention of the seller, and your rejection must be in a form which leaves no doubt in their mind that you are terminating the contract.

Please can you tell us about the way that you refused the car and the date on which you refused it. However, I am a bit concerned that you took the car in for repair because I think that that would imply that you were forfeiting that initial short-term right to reject.

Since then, have there been any further faults with the car?

Under the new Consumer Rights Act 2015, you have a right to reject an item if it develops a defect within the first 30 days. You have to bring your rejection to the attention of the seller, and your rejection must be in a form which leaves no doubt in their mind that you are terminating the contract.

 

Please can you tell us about the way that you refused the car and the date on which you refused it. However, I am a bit concerned that you took the car in for repair because I think that that would imply that you were forfeiting that initial short-term right to reject.

 

Since then, have there been any further faults with the car?

Thanks for the quick reply i will talk you through the situation

28/9 purchased car from dealer, car was 6k and in perfect condition in advert I gave my old var

Under the new Consumer Rights Act 2015, you have a right to reject an item if it develops a defect within the first 30 days. You have to bring your rejection to the attention of the seller, and your rejection must be in a form which leaves no doubt in their mind that you are terminating the contract.

 

Please can you tell us about the way that you refused the car and the date on which you refused it. However, I am a bit concerned that you took the car in for repair because I think that that would imply that you were forfeiting that initial short-term right to reject.

 

Since then, have there been any further faults with the car?

Thanks for the quick reply i will talk you through the situation

28/9 purchased range rover from dealer, car was 6k and in perfect condition in advert I gave my old car (valued by dealer at £3.7k balance on credit card 2.3k with 3% cc fees @£69)

1/10 range rover taxed and used found 12 big faults with the range rover, a/c not working, steering colour bot moving, speedo display not working (just a few)

12/10 let dealer know about faults via letter

19/10 dealer contacted me to book car in for repairs, it was agreed several times they had 10 days for repairs while I was away

21/10 car returned to the dealer for repair work to be carried out

31/10 rang dealer to arrange collection, car not ready

1/11 rang dealer car still not ready

2/11 rang dealer again car not ready, asked at this point for curtsey car which has has been offered from returning the car (loan car give no insurance, no tax just a trade plate in the window) was told car would be ready tomorrow and delivered back to me

3/11 - 9/11 no contact from dealer at all, this is when I sent the letter to refuse the car and requested a refund

10/11 got a text message saying car will be returned to me tomorrow, I replied I wish to reject the car

11/11 got another text asking me for a time for them to deliver the car, once again confirmed by text car is being rejected, we spoke to sales guy who said he had to speak to director and would ring us back today or tomorrow

11/11 - 15/11 no contact at all, letter sent asking what is going on with my refund

18/11 no reply so text the sales guy asking what's going on had he got my letter (signed for so knew he had it) I was told the letter had been replied to by the director and I should get a responce tomorrow

21/11 still no letter texted asking what's going on was ignored, rang sales guy told he has nothing to do with it now and I have to speak to director only but not available today

22/11 got a reply dated in letter 17/11 but post mark 21/11 letter from dealer states "we are in our legal right to return the car to you under threat consumer rights act"

It then follows on to say "we are willing to offer you a refund as long as you are willing to cover the costs incurred on monies spent by ourselves on you part exchange vehicle"

Repair of alarm £79

EML light on £205

Paintwork £68

Privacy glass £165

VAT £103

Total £620

They still have the car I purchased I have the spare key and paperwork for the car, I have there loan car (although I don't drive it just parked on road)

As far as I know I'm well within my rights to reject the car and they are not allowed to make deductions

If the car has now been repaired then I think that you are under an obligation to accept it because you are now beyond the 30 days and you hadn't given notice of rejection within that time.

If the car has not been repaired then you are entitled to have a full refund. The problem is of course the improvements that they have made to your old vehicle. You probably won't want to hear this but am afraid that there are some circumstances where they are entitled to charge you for improvements. However, I would say that they would only be entitled to charge you for the improvements at the cost rate. In other words they would be entitled to make a profit on that work.

I haven't quite understood your chronology. Is your new car now fully repaired or not?

I have no idea the car is still with the dealer

One point you mention is timed out on the 30 days,

I believe when the car is returned the clock is paused to avoid dealers dragging their feet waiting for the time out to elapse, there is more information here

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

It also states that the dealer can not add fees or remove costs for any reason within 30 days but can after

that's sites mostly twaddle!!

obviously written by a motor trader or one that thinks it can peddle untruths.

it makes no mention WHATSOEVER

that you can simply RETURN the car within 14 days and not have to give ANY REASON why you want your money back!!

seems like the above applies to you.

purchase 28 sept

letter 12th oct

14 days by my fingers and toes......

end of the matter

full refund

full refund on price of part exchange car he took.