30 Day Right to Return Refused (Car)

[Joeninho 1]

Hi guys,

 

I bought a used car last week that was described as a 'superb example' with absolutely no mechanical issues.

 

The same day, on the way home from the garage, the engine was misfiring. It was diagnosed by a mechanic two days later and a report written. I agreed to return the car for repair having initially been refused a refund - a 100 mile journey. 20 miles into the journey the car was misfiring constantly - vibrating/shuddering. It did not feel safe to drive.

 

I called the dealer and stated that I would like to return the car for a full refund, as we have suffered enough additional expense and stress. He refused and told me that he would not accept the car and that I was not to bring it to his garage.

 

The car is on my drive and has not been used since being diagnosed with the fault 2 days after purchase. A letter in advance of action was sent two days ago with no reply.

 

My question is this, do I have to physically return the car within the 30 day period? Or is it enough to have put it in writing that I am rejecting the car?

 

Thanks in advance,

 

J.

[Andyorch 10,500]

Given what the Garage stated I would put it in writing first with reasons and quoting the relevant legislation (CRA2015) before making an 100 mile trip.

 

It is the dealer’s obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect.

 

You are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.

 

You do not have to accept a repair or replacement vehicle (although you can if you want to).

 

Andy

[BCOMDAVE 1]

From experience I would suggest you keep a written log of every event in relation to this situation. Including absolutely all costs associated (You may need it later).

 

Try only to communicate with the trader in writing. So there is a crystal clear trail of the dialogue.

 

Try and keep a copy of the original car advert/details.

 

If you paid for any part of the purchase with a credit card (£100 or more in most cases). Contact your issuing bank, as you may be entitled to a claim under Section 75.

 

Check the CRA 2015, Section 20 (7 & 8 ) In particular. ( https://www.legislation.gov.uk/ukpga/2015/15/section/20 )

and also look through the "Explanatory Notes" Tab on the same page. This explains your rights and what the law says should happen. However, try to be realistic, the trader probably knows this, and if he's taken this stance already, you need to consider whether you are prepared to fight it through the courts or walk away with a loss.

 

If you can give us more detail of car, age, any terms given to you e.g. warranty, fault found, cost/likely repair cost, payment etc you can get more specific advice.

 

It may be economically repairable?

[Joeninho 1]

Thanks to you both for the advice.

 

Sorry about the late reply, but I've been on holiday for two weeks.

 

I've had two garages confirm the misfire. One of them wrote me a quote for the work, which comes to £600 + vat for a new injector. The report also states that the glow plugs are faulty.

 

The first garage confirmed the misfire and commented that the clutch will need to be replaced soon.

The garage offered to repair the misfire, but I have no faith in them, given our exchanges and the fact that they sold me a faulty car and that they say it is a cheap fix with no paperwork required, despite not having inspected the car.

 

It is a 2005 Touran with 90000 miles.

The car has not been driven since the fault was first diagnosed, 4 days post purchase, apart from the travelling to the garage for inspection.

 

I have rejected in writing several times with replies.

Repair offered but no refund.

 

They do not respond when I say that the car is available for collection, but simply state they will collect, repair and return to me.

The garage say that I have no grounds for rejection.

 

When I asked at the outset (if I accepted a repair) if they could provide paperwork detailing the repair, I was told that wasn't an option, as it didn't work that way and no invoice would be produced.

 

Everything has been documented including my rejection request on more than one occasion.

They were also sent a Letter Before Action.

 

I have the original advert- 'Superb Example' etc.

Also, I have kept all written correspondence between myself and the garage together with text messages and a written account of our exchanges.

 

In summary, I had an extended conversation with the dealer about recent bad luck purchasing cars.

He stated that the car was in superb condition with no mechanical issues.

He then sold me a faulty car and I would like a refund.

 

I am planning to issue the claim tomorrow.

Does anyone have any advice?

What should I include in the claim?

I plan to send the garage all documents in the POC.

Does this sound reasonable?

 

Thanks in advance,

 

J.

Edited August 12, 2018 by dx100uk
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[Joeninho 1]

Edit to last post in the interests of clarity - typo. First inspection was 2/3 days post purchase.

 

Car bought on Tuesday.

Vibrated/Shuddered twice on way home.

I have no experience of misfiring cars so thought it may need a run.

 

Wife drove on Wednesday around town.

We booked in for timing belt change at local garage on the Friday.

 

I met my wife at the garage on Thursday afternoon to drop the car off.

She said the car was shuddering and she thought it was going to stall in 6th gear.

Mechanic road tested car on Thursday, immediately diagnosing misfire.

He inspected the car and produced a report on the Friday.

 

The car has since been to a local VW specialist who found a faulty injector and all 4 glow plugs.

Otherwise, the car has been parked on our drive, unused.

Edited August 12, 2018 by dx100uk
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