Flexy Cars, Southall - rights to reject a car

[Rosie2728]

Good morning,

I am looking for some advice.

 

I purchased a car from a dealership on Thursday.

On test deive all seemed well.

When I paid and signed for car they then told me the car had no MOT.

I waited for 4 hours with my 2 year old son which was stressful to say the least.

 

I got home with the car and noticed a few functions did not work.

The heated seats, sat nav and mp3 connection.

Was told it all worked and yes maybe i should have checked it out but with a 3 month warranty I was assured the issues would be fixed.

 

24 hours after having the car a clonking starting under the pedals (automatic).

My partner drove it and said we would get it looked over.

That evening my steering wheel comes lose whilst I'm driving with my children in the car.

I panic and refuse to drive it home.

 

Call the dealership and they are offering to fix the issues discussed.

I was happy to do this at first until the sales man explained that the machanic had rushed the work because i was waiting and did not "SCREW IT BACK PROPERLY" meaning the steering wheel.

 

I now have no faith in them fixing the issues and have told them that I am rejecting the car as it ia my right to do so.

I have also recorded the conversations where he has admitted three times that the car was rushed and was their error.

The car in unsafe to drive and was sold unsafe.

This is a miss sell.

 

He says he will call me back today to let me know what the director of the dealership will offer me.

I do not want a repair from them.

I want my money back.

 

Any advice would be grateful

 

Thank you

Edited September 17, 2018 by dx100uk
spacing

[BankFodder]

Please have a look at the Consumer Rights Act. You are entitled to reject the vehicle and to insist on a refund if a defect occurs within the first 30 days of ownership.

 

Write an immediate letter to the dealership – send it by email and also by recorded delivery and make it clear that you are asserting your rights under the consumer rights act and that you are rejecting the vehicle.

 

Tell them also that in view of the problem with the steering, it has been sold in an unroadworthy condition which is a criminal offence and that if they cause you any problems that you will report this to Trading Standards.

 

What is the name of the dealer?

[Rosie2728]

Brilliant. I was going to threaten with reporting them to trading standards and the driver and vehicle standards agency as i now suspect the MOT may not havr been ligit either. I am hoping to get a straight forward refund as i paid the full value for the car by debit card.

 

The dealership is Flexy cars in southall. I just have a feeling they are going to be really awkward about it all. Maybe the fact i have recordings of admissions, they may just deal with it sooner rather than later.

 

Thanks again

Edited September 17, 2018 by dx100uk
quote

[renegadeimp]

If they refuse to refund, report them.and get a chargeback through your debit card.

[BankFodder]

i now suspect the MOT may not havr been ligit either.

 

The dealership is Flexy cars in southall.

 

Thanks again

 

A no-legit MOT would be a very serious thing and you should be careful about making these kind of allegations without proof. If they do cause you difficulty then I think the thing to do this to go elsewhere and get an independent MOT and see if it passes. If it fails then your suspicions will be borne out and it will give you extra ammunition. I think it is worth being cautious about these kind of things

[Rosie2728]

If they refuse to refund, report them.and get a chargeback through your debit card.

 

 

Ok. Do you know how to go about this?

[Rosie2728]

A non-legit MOT would be a very serious thing and you should be careful about making these kind of allegations without proof. If they do cause you difficulty then I think the thing to do this to go elsewhere and get an independent MOT and see if it passes. If it fails then your suspicions will be borne out and it will give you extra ammunition. I think it is worth being cautious about these kind of things

 

 

 

I completely underatand that. Obviously wouldn't report this unless I was sure.

[Rosie2728]

Please have a look at the Consumer Rights Act. You are entitled to reject the vehicle and to insist on a refund if a defect occurs within the first 30 days of ownership.

 

Write an immediate letter to the dealership – send it by email and also by recorded delivery and make it clear that you are asserting your rights under the consumer rights act and that you are rejecting the vehicle.

 

Tell them also that in view of the problem with the steering, it has been sold in an unroadworthy condition which is a criminal offence and that if they cause you any problems that you will report this to Trading Standards.

 

What is the name of the dealer?

 

 

 

The dealership are claiming that they need to get the car back to diagnose the issues even though they have already said it was the mechanic not screwing the steering wheel properly.

 

I am reluctant to drop the car back to them. What would your advice be please

[Rosie2728]

I have now sent the email about rejecting the car using my CR. I will allow 14 days before beginning court proceedings. Will also look into chargeback before doing this although I have been told it is not straight forward and the dealership can argue it.

 

Feel so upset that I have spent £8.5k on a dodgy car

[renegadeimp]

The chargeback is straight forward. It gets refunded to your account, then investigated. If the investigation finds that the money was sent genuinely and youre not trying it on, then it is refunded to the car dealer.

 

Be aware though, that with a lot of dodgy garages, they will close down and reopen under another name, effectively trading as a different company. If they do this before you file court papers, then youll be very hard pressed to get money back.

[Rosie2728]

The chargeback is straight forward. It gets refunded to your account, then investigated. If the investigation finds that the money was sent genuinely and youre not trying it on, then it is refunded to the car dealer

 

Be aware though, that with a lot of dodgy garages, they will close down and reopen under another name, effectively trading as a different company. If they do this before you file court papers, then youll be very hard pressed to get money back.

 

 

 

Thank you. Can I do the chargeback under these grounds with the evidence I have? I am trying to work out the quickest way to get my money back. Also do I have access to the money when they reverse the transaction. It's all so long. I am so upset about it all.

[renegadeimp]

You can certainly try and i would consider it as an option. Although i would follow procedure as you are doing now and see where that letter gets you first. Make them fail, not you.

[renegadeimp]

As a bit of advice, next time you buy a vehicle from a trader or a used car forecourt, take a friend who knows about cars, or a qualified mechanic along. If the garage owner wont let them inspect the car... simply walk away. Any reputable dealer would have absolutely no issue with you or them inspecting the car if it was a legit sale.

[Rosie2728]

They are still refusing a refund. I'm so stressed about it all. Am taking the car to a garage for them to wrute4a report and the i am going to try and get a charge back through the bank. If that fails then it will be court

[BankFodder]

Have you actually said the letter of claim giving them 14 days or there will be legal action? Make sure you do today. Send it recorded delivery.

 

At the end the 14 days, be as good as your word.

[Rosie2728]

Have you actually said the relative for claim giving them 14 days or there will be legal action? Make sure you do today. Send it recorded delivery.

 

At the end the 14 days, be as good as your word.

 

Yes sent via email and will be sending the recorded letter today. I have just phoned and they are now saying the manager is off sick. I really did not want this to be so complicated but looks like they would rather me take them to court.

[renegadeimp]

Not your problem if hes off sick. On the 14th day, if the money isnt in your possession, go file that claim.

[Rosie2728]

Not your problem if hes off sick. On the 14th day, if the money isnt in your possession, go file that claim.

 

 

So i have now dropped the car back after more lengthly arguments, he has agreed to refund the money within 14 days. Have signed a contract stating this but he was adamant that i leave the car. Is this the correct thing to do?

[BankFodder]

As long as they don't go to the wall in the meantime in which case they have your car and your money.

 

Have you send them a letter before action? If not you should do so immediately and point out to them that they have agreed to return your money in 14 days. They are at liberty to return it earlier but if they have not returned within 14 days, you will issue legal action and without any further notice.

 

You don't do this now then if they fail to give you your money you will then have to threaten them and wait a further 14 days. By sending the letter before action now, if they don't return your money then you can issue the claim immediately.

[Rosie2728]

As long as they don't go to the wall in the meantime in which case they have your car and your money.

 

Have you send them a letter before action? If not you should do so immediately and point out to them that they have agreed to return your money in 14 days. They are at liberty to return it earlier but if they have not returned within 14 days, you will issue legal action and without any further notice.

 

You don't do this now then if they fail to give you your money you will then have to threaten them and wait a further 14 days. By sending the letter before action now, if they don't return your money then you can issue the claim immediately.

 

 

Ok brilliant will do this asap.

 

I was reluctant to leave the car but i had the agreement so lets just hope that they stick to their word. Thank you for tge advice.

[renegadeimp]

keep your eye on the business. It sounds like he might try to change the business. Especially if he has demanded you leave the vehicle there

[Rosie2728]

keep your eye on the business. It sounds like he might try to change the business. Especially if he has demanded you leave the vehicle there

 

 

Sorry maybe being stupid. Let's say he does this and doesn't pay up, can i then use chargeback with the signed agreement as evidence? Just trying to make sure i am exploring all avenues

[renegadeimp]

Probably not as the company would change and theyd shut down that bank account and open a new one.

[Rosie2728]

So the dealership told me i would have ny refund this morning but nothing. I have called and told them that i can see the car is up for sale again and i am within my rights to come and collect it until i have my money back. Would this be advisable? I know i have 14 days until i can take them to court but i need to purchase another car. I have 3 kids and i care for my nan. Am feeling very frustrated by it all.

[king12345]

They might wait until you start court proceedings and then change company.

What's the name on your sale receipt?

In particular, does it mention limited company or Ltd anywhere?

If not, you should go after the owner personally and this could be a good thing if they have assets.

If the receipt is from flexi Ltd, they can easily shut down and reopen next day with another name, leaving you short of £8.5k.