2nd hand car problem

[hugo1963]

Hi i bought a 2nd hand car 5 days ago costing £5300 after paying £250 as deposit to secure the vehicle while it was sent to have its MOT done by a MOT station of the dealers choice, i returned the following day and i paid £4250 via bank transfer and a further £800 by credit card i was told it had full dealership service history, 12 month MOT, it also was given a pre-delivery inspection by the seller himself.

When i got home i was inspecting the service record and noticed it had not been serviced for 17 months some 20,000 miles ago in fact it had only 1 service in 4 years (50,000) i took it for granted when the seller give me a quick flash of the service manual showing the 7 previous services. I felt a bit conned after my phone call to him asking about service history, and on my viewing i was also told in front of a witness that it was full dealership history, i would not EVER buy a car without this criteria, the value drops considerably without this.

 

I then got my local garage to service the car this was only 4 days into ownership at my cost, the garage then picked up on the hand brake not working at all and should not have past its MOT or a pre-delivery inspection by the seller.

 

I rang the seller who's response was that the warranty would not cover it as its wear and tear and any repair would have to be at my cost at this end, i offered to have an independent inspection ie AA or RAC to have a look then it could be fixed at my end.

I was finally offered the chance to take the car to the seller some 50 mile away to have a look, this could take upto a week to fix and i would have to arrange my own transport back home then back to pick up the car with no promise that its their fault.

 

Any advice would be very welcome Thanks

[Conniff]

If you don't want this car, you can reject for a full refund.

 

Should you want to do this and have any problems, you also have the security of S75

which means you can claim against the credit card company for the full amount even

though you only paid £800 by that means.

[BankFodder]

Under section 20 of the Consumer Rights Act 2015 you have the short term right to reject.

 

This means that if you have an issue with the item that you buy then you can reject it out of hand and insist on a full refund.

 

In order to do this, you must indicate clearly to the seller that you are asserting your short-term right to reject. The best way to do this and to make sure that the seller does not deny later on is to send the seller a letter and make sure that it is delivered by recorded delivery.

 

You can also phone the seller – but make sure you do this in addition to a letter – and you should record the call.

 

Frankly, even if you do not want to reject the vehicle, it is worth asserting your statutory short-term right to reject in writing so that you have reserved your position and also it will give you a better negotiating hand against the seller. Do it now.

 

Frankly anyone who buys a car from a used car dealer which is either been MOT by the dealer or has been subject to his own inspection, is asking for trouble.

 

One should always insist on an independent inspection and an independent MOT – and that means an inspection or an MOT by somebody of your own choosing – not somebody of the dealers choosing with whom he might have some ongoing cosy relationship.

 

Also, to simply rely on a used car dealers own words that there is a service history without checking it up yourself is asking for trouble – as you have discovered.

[hugo1963]

Thanks Conniff and bank fodder for the advice very much appreciated

[maroondevo52]

Thanks Conniff and bank fodder for the advice very much appreciated

 

Let us know how you get on hugo.

[hugo1963]

hi are there any templates for a letter, do i reject the car under consumer act or credit act or can i have repairs done and bill the seller, what i will find difficult is take the vehicle back down due to personal, work and holiday commitments for at least 4 weeks. thanks

[martin2006]

hi are there any templatesicon for a letter, do i reject the car under consumer act or credit act or can i have repairs done and bill the seller, what i will find difficult is take the vehicle back down due to personal, work and holidayicon commitments for at least 4 weeks. thanks

 

 

Under the consumer rights act s20 for the above

 

 

 

 

if you have repairs done yourself there is a tough path to walk getting the dealer to pay the bill, you will have to pay it and reclaim from the dealer.

 

As difficult as it may be you must reject the car asap, the longer you leave it, the harder it will be:

 

s20 of the CRA2015 is subject to S22 and the following applies

 

(3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

 

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

 

(b)the goods have been delivered, and

 

©where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

[Conniff]

Have you got any further with this hugo1963 ??