Rejecting a car *** Resolved with refund***

[mch1991]

Hello guys,

 

Spent £8k on a car (late 2009 Mondeo Titanium X Sport 2.5T), 50,000 miles, every possible extra, a real peach (or so I thought), all done on hire purchase, agreement commenced on the 1st September, car collected on the 2nd.

 

After a few days of using the car, front knocking sound when driving, the rear brake pads are worn to the metal plates on the back of the pads (damaged brake discs), rust, rot and corrosion over everything underneath the car (can I upload photos?), lower arm bushes are non existent, oh and the MOT expires next month.

 

Upon collection, he had the car in the garage as they needed to change a fog light bulb (no Idea why they accessed it via the mudguard when you can access it by taking the headlight out), his mechanics have broken the mudguard clips leading to it dragging on the road (I've documented this).

 

The car should fail the MOT next Monday with the condition of the underneath and brakes, if it fails, can I reject the car under s.22 of the Consumer Rights Act 2015? As the car will be unroad worthy, and he'll only have a look at paying for the repairs if he see's the car himself which is a 200 mile trip and would cost in fuel and obviously I'd have to take a day off work.

[martin2006]

Under the Consumer Rights legislation 2015 you have a short window of 30 days to reject the goods

[mch1991]

Under the Consumer Rights legislation 2015 you have a short window of 30 days to reject the goods

 

Can this be for any reason? I.e. The vehicle in my view is not as described, and it has problems that don't make it Un-driveable, but are not safe or will cause long term costs, hassle and expenditure?

 

What's the process when the vehicle is on hire purchase? I don't want to have it repaired, I just want the car returned, and the opportunity to purchase one by actually using my brain and checking the vehicle properly before buying like an idiot.

 

I'm no longer using it either.

[martin2006]

Read sections 20 through 22 of the cra 2015, its quite clear

[mch1991]

Thanks for your time. It's quite clear, I assume that the dealer will refund the money directly to the finance company?

[martin2006]

I doubt the dealer will make it so easy but also remember that the finance company are just as liable

[dx100uk]

you are within 14 days you can hand it back

don't need a reason

end of problem

 

 

dx

[mch1991]

Okay great.

I do expect the dealer will drag his feet, but I'll write off to him today and explain my decision to reject the vehicle and arrange for it to be collected.

 

Am I correct in believing that it's for him to arrange the collection and not me?

We're quite a distance apart and I'm working most days,

I've already lost money on this car (insurance, time off work to collect it, fuel cost in collecting it),

so if I can minimise my costs that would be good.

 

As stated the car is no longer in use.

 

Thanks for your help guys.

[Conniff]

Talk to the finance company. Don't just take the car back and reject it expecting them to do the paperwork, they won't do anything and it could mean a missed premium on the 1st October.

 

Ring the finance company and tell them you are rejecting 'their' car not as described and not of satisfactory quality and not fit for purpose.

[mch1991]

I rejected the car last week, informing both the dealer and the finance company.

 

The finance company tried to mediate with the dealer to have the vehicle collected and for him to fix one of the many faults and return it, but I refused, I don't have the time to mess around having the vehicle taken away for days and repaired to a mediocre standard (his garage has already damaged the car when I picked it up when I bought it).

 

He's apparently saying that I'll be responsible for dropping the car off should I reject (I already have rejected it), and that he'll charge for fair usage.

 

I can't see any provision within s.22 of the CRA 2015 that allows this, neither within s.20 (especially as the vehicle was rejected within 30 days), and I'm absolutely sure that once the vehicle is rejected, it becomes the property of the seller, and therefore it's his responsibility to collect. I've put around 400 miles onto the car when I was using it, which is made up of 150 miles driving it home, and then 250 miles of general driving.

 

I want the car off my property, when can I start applying a daily storage charge? Who do I charge this to? If he refuses to undertake the rejection, is it me who is supposed to litigate against him, or is that the finance company's responsibility? I also paid the dealer a deposit upon collection, can I chargeback this should he refuse to refund the full amount?

 

Just need to clarify my legal position here.

[dx100uk]

finance companies problems not yours

 

tell them come get their car or you'll be charging storage as from ddmmyyy

 

under cra you are rejecting it

 

yes chargeback the deposit too

[mch1991]

Dealership is refusing to pick the car up, even though it's been rejected by myself and the finance company.

 

Almost two weeks have passed since rejection, I warned the dealership that from Monday I will charge £20 per day storage.

 

Am I correct in invoicing this amount to the dealership as opposed to the finance company (who have been cooperative)? The dealer is being a petulant baby.

 

If he doesn't pay the storage costs, I will litigate against him.

[martin2006]

Back in touch with the finance company then, see if they will arrange collection as they will have more clout for charging back to the dealer. Its just as mych the Finance company's problem as the dealers.

[mch1991]

Just an update.

 

Car was collected, finance agreement settled and removed from credit report.

 

Dealer refused to refund the full amount I paid as a part payment towards the price of the vehicle, in the end I issued a county court claim against them.

 

On receipt of the claim, the dealership settled the matter.

 

Thanks for all your help.

[martin2006]

Great result mch, sad but sometimes true that people have to resort to this kind of action in order to get a problem sorted.