Dealer refusing to take used car back after rejection letter

[amges]

I purchased a used car last week on Monday and realized the car doesn't hold coolant whilst parked on my drive.

 

 

After contacting the car dealer he offered to topup the coolant which I said I did and didn't work, none was left on the expansion tank after a couple days.

 

 

Yesterday I sent the letters to reject the car and arranged a transport to take the car tomorrow but the car dealer has told me today he won't take the car back and he won't be responsible for any damages on the car on his site. What can I do..!

[BankFodder]

Put it in writing to him in the form of a letter before action.

 

Explain to him what has happened and the fact that you are rejecting the car under the Consumer Rights Act 2015 and that he is required to take it back. Tell him that if he wants to dispute the fact that there is a defect in the car then he is welcome to come and fetch the car and have it inspected by an independent third party and to commission a written report. In the absence of this, you are rejecting the car. Tell him that in view of the fact that he is refusing to accept the car back and refusing to accept liability for any damage to it, that you will continue to store the car on your driveway but the you will charge him a daily fee of £5 for storage. Tell him that if he comes and connects the car within the next two weeks that you will waive the storage charge that if he forces you to go to court then you will add the storage charge to the money that you will claim from him in the County Court. Tell him that if he does not collect the car within 14 days that you will start a County Court action against him and without any further notice.

 

I would recommend that you get your own independent inspection to confirm in a written report that there is the leak that you are speaking of. Presumably there are traces of coolant on your driveway. Is this correct? Take photos.

 

If there are no external signs of the leak then I should be cautious until you have an independent report.

 

If an independent report confirms that there is a leak then you will be able to add the cost of this to your claim.

 

You should only go ahead with this kind of threat if you fully intend to take the legal action. If you don't then it's not worth making the threat. Don't bluff. If you are not prepared to go ahead with a claim in the face of his persistent refusal then I'm not sure that there is much other advice we can give you. There's lots of information on this website about taking a small claim in the County Court. You can also find it conveniently in one place in our Consumer Survival Handbook which is available from Amazon

[amges]

Thanks for the quick reply. I have to say the car V5 has already returned in my name, can I still make the dealer liable for damage or charge for storage if kept in my drive?

[Guest]

looks like they're playing games

[king12345]

Did you pay card or cash?

[amges]

cash

[king12345]

Shame

[BankFodder]

Thanks for the quick reply. I have to say the car V5 has already returned in my name, can I still make the dealer liable for damage or charge for storage if kept in my drive?

 

Yes if you have given written notification of the rejection and if you have evidence that he is refusing to respect your consumer rights and that he has said that he himself refuses to accept the car or refuses to accept any liability for damage to it. In that case, if you bring a legal action then it is most likely – 90% – that the court will agree to compensate you a reasonable storage fee. You must of course give the dealer full notice that you will be charging the fee and also how much it will be. You must communicate fully with the dealer and give him every opportunity to take the car back or to inspect it for the fault.

 

Incidentally, you haven't told us which dealer this is. Please will you let us know.

[amges]

I'm meeting one last time at the car sales place tomorrow for a solution, thank you for all the good advice. If no positive outcome from this last attempt I will pursue it further and not mentioning the name of the dealer was not to get in trouble with public image damaging.

[BankFodder]

There is no trouble that you can get into about public image damaging as long as you are being honest and straight dealing about what you say. Failing to name them simply plays into their hands and offers them protection which simply makes them bolder in resisting you. It also doesn't help other people who might be similarly affected and who feel that they are on their own.

 

We are always happy to give you our advice and support free of charge – but it is nice to have a little bit of something back, such as further information which might help others. It would help you as well.

[BankFodder]

I think it would be helpful to you and to anybody who is interested in the thread and who would like to help you, if you would post the email exchanges that you have. I still think that you should publish the name of the dealer. I don't think it can possibly hurt you and I think it will benefit you.

 

Please publish the email exchange so that everybody can see the whole story.

 

Apart from that, on the basis of the email exchange which you have provided to me, my advice stands exactly as outlined above. It will help you if you can get a report confirming the fault. If I were you I would begin to take immediate legal action. We will help you.

[amges]

Contacting a local garage to make a report would be suficient to confirm the fault and serve it to the dealer?

[Guest]

partic if they can say that the fault was (likely) there prior.

[amges]

This is the email I sent to the admin:

 

Regarding the car dealer of the used car I bought gone wrong, he hasn't sent me a written notification of refusal of my rejection of the car. After looking on local groups on facebook I found the registered director of Haris Motors Sales Ltd (based in Middlesbrough) and contacted him directly to have some sore of written communication. Here is the conversation I had with him yesterday:

 

me:

I understand you got my letter regarding rejecting the zafira I bought of your sales court last Monday, as I messaged your staff I made arrangements to return the car tomorrow. Can you please confirm if my refund will be available also tomorrow?Many thanks.

 

Haris MS

No am sorry there will be no refund. You have bought a car for £500 that is fully road legal and road worthy. We reject Your request and will not be refunding you as we haven't a valid reason to. We have also sent the log book off so your are now the legal owner. We are here to work with our customers but in this case we believe you have been sold a vehicle in good faith which more than meets all the necessary requirements. I am sorry we couldn't help further. If there's is anything else we can help with please ask. Please do not return the vehicle as we are not held responsible for its security. Thanks Haris motor sales

 

me:

As I explained in my letter, the car has lost all its coolant whilst parked on my drive, I haven't drove it. I explained this also to your staff and he wanted to come to my address to topup the coolant which wouldn't help as the car has a fault and doesn't hold the coolant. I'm trying to follow current legislation to return the car as I have the right to do so within 30 days of the purchase as you also know. The car is not road worthy as without coolant it will overheat, therefore I'm returning it using special transport without driving it.

 

Haris MS

Yes you said it didn't have anti freeze/engine coolant in or not enough. We Believe it has had it IN if not we have offered to correct your alleged problem. I am sorry but we reject your refund request and will not be accepting the vehicle when you send it and will not be responsible for its safety / security etc. How ever as a good will gesture for your peace of mind we can send some1 to top your water up which is usually a check that all drivers must do. Thanks

 

me:

I already did so, toped up 3 times within the week the car was parked, I really don't want to create a bigger issue of this dispute, I purchased the car in good faith also, accepting the wear and tear on the car body and other minor faults, but the car not holding the coolant is not to be expected and is a major fault.

 

me:

I'd be even willing to purchase another car at Haris motors as I do need one urgently.

 

Haris MS

I will contact u tomorow

 

me:

thank you

 

 

I had transport booked for today to take the car back there but canceled it because I took his comments as a threat and the car would be damaged beyond repair and he hasn't been in contact today, as expected. It's a zafira from 2004, low budget car as I can't afford to pay much more, his reluctance to inspect the car tells me there's something very wrong with it. Please advise?

 

 

I found in the companies house the record for the business and sent 2 letters to reject the car: one to the forecourt where the cars are kept and another to the directors address.

Inline image

 

 

The letter sent to the directors address was signed as received by his wife.. connection I made through facebook because they have different surnames.

Many thanks.

Edited November 12, 2016 by amges

[WarrenBuffet]

Cowboy outfit! If its leaking coolant then it is not fit for purpose as the coolant system is a closed system, it could result in a failed head gasket or even a destroyed engine. I would stick to your guns and return car and take him to small claims if he still refuses. He is denying you your legal right.

 

Photograph the car at his premises when you return and tell him you want the cost of returning car refunded too.

 

###Make sure everything is in writting or recorded conversation. ####

[BankFodder]

I suddenly realised that the exchange you have posted above is a report from a telephone conversation. Is that correct?

 

Have you put all of this in writing? If you have, please would you post a copy of the letter that you sent. It is essential that you exercise your short-term right to reject in writing and it must be clear – unequivocal

[amges]

The post above is a copy of a conversation typed through facebook chat and I have a copy of the letter to reject the car with signed delivery receipts.

 

The letter was as it follows:

 

Dear Sir

Ref: **04 *** Vauxhall Zafira

 

On 31/10/16 I purchased, and took delivery of, the above vehicle Vauxhall Zafira from you. On 07/11/16*I discovered that it was not of satisfactory quality: complete loss of coolant/antifreeze. Despite my attempts of explaining to you over the phone on Monday the 07/11/16 this issue wasn't resolved.

The Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality, and The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality.

However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.

I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £500. I look forward to receiving this sum within 14 days. If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.

Yours faithfully,

[WarrenBuffet]

Its time to stop taking his BullS#it!

 

As BankFodder states above, its not upto him if he accepts your rejection, its upto you wether you reject or you don't!