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Used Car dealer refusing refund

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Hi all, I know this comes up all the time but I just wanted to make sure I was going in the right direction.

 

2 weeks ago I bought a used car.

It was for £2550 and was 9 year old done 80k miles.

Test drive OK and all seemed good

 

On the day I bought it, I was driving it home and there was a pop under the bonnet and I lost power coming off a roundabout.

Ended up stranded on a dual carriageway waiting for AA man.

 

I called the garage immediately and advised there was a problem and they told me to bring it back to them so they can have a look

After many hours of stress I paid the AA to upgrade my cover and recover the vehicle to the used car place.

 

I told them at the time that I was rejecting the car due to the fault.

AA guy said it was likely a gearbox fault which on an automatic can get quite bad.

They rejected my rejection and said I had to give them a chance to fix it.

 

I gave up stressed and tired and went home leaving the car with the dealer (signed to say he took it back)

 

I followed up the next day in writing to say I was rejecting the car and wanted refund under the Consumer Rights Act.

Gave 14 days to refund my money (14 days up today)

 

Over the last 2 weeks he has refused my refund request, told me they have fixed and asked when can I pick it up, and have said I don't have right to refund as I need to bring it back in same condition it was driven away in.

 

Can someone advise if I am on the right track perusing a refund?

I have read a lot online but don't want to be quoting stuff incorrectly.

 

And if it does go to small claims, who do I claim against?

It doesn't seem to be a Ltd company but he is saying legal matters are raised against the company. Is this right?

 

Thanks for your help in advance

Edited by dx100uk
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so you purchased it online?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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so you purchased it online?

 

No, in person

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then how can you rely upon the 14 days?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I was merely giving a time span before I intended to start formal proceedings to reclaim funds.

I believe I have 30 days to request a refund?

My 14 days was (in my head) a courtesy for them to arrange the funds to come back to me.

 

Correct me if I am way off on this

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you for your replies. I don't wish to sound dumb or ungrateful but which bit of that link are you referring me to?

 

I was hoping someone could give me some guidance on my course of action but equally if I am completely mistaken in my rights and I have lost my money it would be OK for someone to tell me that

 

Thanks

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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OK, I am guessing you are being slightly passive aggressive as this question comes up a lot and you are fed up answering questions about it.

 

Can you at least give an opinion on who I take to court?

 

The dealer stated that they deal with legal matters in the company's name but as they are not a Ltd company that doesn't sound right to me.

 

Is there any way to find out the owners name for a company that I presume is run on a sole trader basis?

 

Thanks

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you take the named dealer [business] to court

go read like threads

lots here already

 

you needs to understand the process


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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every business should have its details displayed as a requirement under the business names act 1985..

If you cant get someone to drop in and look for them displayed prominently try getting a friend to phone them up and ask.

 

If you cant get a sensible answer you just name the business as it isnt likely to be a limited company.

 

If thye say it is a limited company then look up that name on the companies house online register and use the name of the director listed and the address given to CH, even if that is different to the trading address.

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Hi everyone,

 

I have been doing lots of reading and decided to submit my claim through MCOL.

It's been about a week now and no response from dealer so brushing up for an expected visit to court.

 

My slight concern finding information that states the 2015 act doesn't apply for items deemed to be wear and tear.

Is there anything that will define what items this would be or is it subjective?

 

And also, to utilise the short term right to reject, the consumer has to show it was present at time of purchase.

Would the fact that the vehicle stopped working after 50 miles be enough to show it was there at time of purchase or would I need an expert report?

 

The dealer is saying its just a belt that went and I can collect it, but the AA guy who recovered my said the belt was just one of many things.

 

What information would I be best gathering on the assumption that I need to go to court?

 

And finally even if I win, what are the odds I end up with my money back?

 

Thanks in advance

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