Dealer refuses refund after failed repair attempts

[oddjobbob]

You're not the OP, and writing in the first person is not helpful.

 

The whole reason that consumer legislation exists is because of stuff like you've written here. Thankfully we no longer live in that world.

 

You are spouting nonsense, I've no idea what you mean about writing in the first person.

 

Let's be clear. The OP bought exactly what the advert said it was - a car suitable for spares or repairs. As a dealer you cannot sell a car 'sold as seen', it is illegal to do so.

 

Consumer legislation exists, quite rightly, to protect the consumer: but you cannot protect a consumer against themselves, the OP bought the car thinking it would be ok, but it wasn't, and was expressly described as being for spares or repairs.

 

As for your comment that we no longer live in those times, the very fact that the op has come here demonstrates that we do.

 

Why on earth any dealer would get involved with stuff like this is beyond me....if it's not good enough to retail, send it to auction.

 

I am NOT defending the dealer or maligning the op, simply telling it how it is.

[buyer-beware]

You have all missed the crux. This car was being advertised on behalf of a "customer" for "spares or repair". Therefore it is deemed as a private sale / Caveat Emptor. Buyer Beware.

[heliosuk]

The seller could argue that the fact that he put on two tyres to sweeten the deal in order to sell as spares and repairs. I think the OP has a very weak case with this. When the car is advertised as spares or repair it means exactly this. They cannot control what subsequently happens to it.

[techie09]

You are spouting nonsense, I've no idea what you mean about writing in the first person.

 

Let's be clear. The OP bought exactly what the advert said it was - a car suitable for spares or repairs. As a dealer you cannot sell a car 'sold as seen', it is illegal to do so.

 

Consumer legislation exists, quite rightly, to protect the consumer: but you cannot protect a consumer against themselves, the OP bought the car thinking it would be ok, but it wasn't, and was expressly described as being for spares or repairs.

 

As for your comment that we no longer live in those times, the very fact that the op has come here demonstrates that we do.

 

Why on earth any dealer would get involved with stuff like this is beyond me....if it's not good enough to retail, send it to auction.

 

I am NOT defending the dealer or maligning the op, simply telling it how it is.

 

 

 

 

 

Peugeot 207 1.4 petrol 5 Door hatchback

 

Full Service History

 

MOT UNTIL 16TH AUGUST 2018 no advisories

 

Cambelt and water pump have been changed in last 500 miles

 

Sold as seen on behalf of customer.

 

 

What do you mean As a dealer you cannot sell a car 'sold as seen', it is illegal to do so. The advert states this on the botton Sold as seen on behalf of customer.

[oddjobbob]

I know....thy should never use that phrase! 'Sold as seen' carries no weight whatsoever from a car dealer. Illegal was perhaps too strong...just meaningless.

 

However, 'spares or repairs' is perfectly ok.

 

Presumably 'sold as seen 'implies that it might well be a good car, have a look, make your own mind up, whereas 'spares or repairs' implies it is definitely not a good car.

 

The ad said:

year

make mileage

mot

spares or repairs

 

The ad did NOT say

drives well

excellent condition

starts first time

excellent bodywork

reliable

etc.

 

Indeed, the condition of the car is not implied in any way.

 

The OP bought what was advertised I'm afraid

[ericsbrother]

Now selling and buying at auction is very different to buying from a dealer.

 

What will be considered in this transaction is what was said at the time about the MOT, putting new tyres on etc but also where it was advertised and how much the vehicle was compared to one that isnt advertised as spares/repairs.

So, sold in trade mag or specialist site- then not aimed at selling to the public.

 

My opinion is that this car was priced and being marketed to consumers and as such their waffle about selling on behalf of customer spares/repairs is disingenuous so as you can see I disagree with oddjobbob on this one.

 

The dealer shouldnt have offered agency to it and refused to sell it to a random punter knowing that it wasnt his to bargain over so again that calls the other statements made by the dealer into question.

[buyer-beware]

Selling on behalf of a customer for spares or repairs. It couldn't be any clearer. To read more into it is daft.

[dx100uk]

if I remember correctly on watchdog or one of those programs there was a case identical to this

and it was adjudged that the dealer cannot state 'spares or repair' whenever selling to jo public

as and excuse for not refunding.

[oddjobbob]

Who knows? You might be right, for the op's sake let's hope you are.

 

Why on earth any reputable dealer would want to be involved in acar like this I've no idea.

 

But I can foresee a battle....the ad could not be clearer that it's spares or repairs and there's nothing wrong with offering acar of this nature to the public. Also as stated the ad did not contain any 'puff' merely a statement of facts about the car.

 

we shall see!

[oddjobbob]

if I remember correctly on watchdog or one of those programs there was a case identical to this

and it was adjudged that the dealer cannot state 'spares or repair' whenever selling to jo public

as and excuse for not refunding.

 

I vaguely recall it...but I think the ad did not state s/r, the dealer put it on the invoice at the point of sale.

 

que sera and all that....

[dx100uk]

yes I think that's it

and he;'d done it numerous times before and had been reprimanded for it already.

[buyer-beware]

If you buy a banger for spares, don’t expect a faultless retail ready car. The retailer has every right to advertise a vehicle on behalf of a private seller and state it is not a retail vehicle and that machine is being sold for parts. Anyone with an ounce of intelligence understands the above. .

[techie09]

Got a phone call from the dealer after receiving letter, he saying willing to take car back for a full refund, but wants to deduct 25p a mile for miles used plus have it fully valeted before its return.

 

This works out at

103281 - 102835 = 446

Less 45 Miles = 401

 

 

401 X 0.25p = £100.25

 

 

Is 25p reasonable, as seems excessive if its for price depreciation of the car.

[dx100uk]

nothing in the cRA states he can charge those .

[mttm]

Good work! The dealer knows you have a case, now it’s just a case of sorting out the details

 

The CRA specifically allows deductions for cars:

 

“No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—

(a) The goods consist of a motor vehicle“

 

That said, £100 plus valeting fee seems excessive. I’d offer them £50 in full and final, including valeting.

 

One thing to bear in mind: what price do you put on not having this stress in your life? If you can make it all go away for £100, depending on your circumstances, it might be worth considering.

[BankFodder]

Given the circumstances and my original view of your chances, I think this is a very good result. I would take it and I wouldn't hang around.

[techie09]

I asked dealer how he calculated the 25p per mile figure, suggesting 15p more of a reasonable figure. Response...

 

 

"Thanks for email, between us we seem to be worrying about a few pence, If you return it cleaned, perhaps we can have Final settlement and a closure to this at £950.00 or £900 if not cleaned.

How soon can I have the car? Any chance today? (Wednesday) as I am tied up the rest of the week."

 

Car returned on Friday, cleaned, £950 refunded into bank within 30mins, can't complain on a £50 loss.

[dx100uk]

well done

 

 

 

 

The Consumer Action Group needs help to cover its expenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

 

or by downloading our toolbar and using it to search the web instead of your normal search engine:- http://consumeractiongroup.co.uk/cag_plugin.php

 

Please help.

[techie09]

Toolbar downloaded, thanks for all your support.

[Hammy1962]

With the revs dropping while stationary try resetting the ecu by putting ignition on without starting the car and then leave it for 2 minutes.

Then start the car.

It works on VW and Audi, so maybe it will work on French cars too.

 

Where on earth did you dig that little nugget of information from?

 

H