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Tony the Tiger

Legal responsibility for rejected car

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I bought a  used car a couple of weeks ago for £2500 from a car dealer (Ltd company).

The car was delivered to me and the driver very quickly left.

On checking the car moments later there were faults, such as the engine management light etc.

 

I called the garage who confirmed that it happened on the way to me.

I emailed and wrote to them rejecting the car and asking them to collect the car.

 

They tried to palm me off with the offer of a repair, but I declined.

Any car dealer who knowingly delivers a car that is faulty does not get any go at repairing with me!

 

Question is this.

Two weeks after rejecting the car and several emails and a letter later, they are ignoring me.

What can I legally do with the car?

Am I in any way liable if anything happens to it -

if it gets hit by another car or if someone steals it?

 

It is parked on the road exactly where the dealer left it.

It hasn't moved an inch since delivery and won't be either.

 

But where do I stand in this as I have told the garage I am rejecting it, which they cannot say they did not know about because they replied to that email with the offer to repair.

 

I do not want to dispose of the car by the way,

I just want it not to be my problem or responsibility if anything happens to it.

 

Anyone?

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Did you buy the car online or did you go to the garage and by? What is the name of the dealer?

You do have a responsibility towards the vehicle because it is in your possession/custody. Your responsibility is to take reasonable care of it and to keep it in broadly the same condition as it is now. I suppose that it is in your name and so you have another legal duty to make sure it is insured/MOT and et cetera.

I'm afraid that your right to reject are all well and good – but we are finding that there are a lot of dealers who simply ignore that right. You could of course decide to return the car to the dealer and leave it with them but this doesn't mean that you will get your refund and of course if the deal goes out of business for any reason then you could lose the car and the money.

 


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Thanks for the reply. I went to the dealers garage. I do not want to name them, but will at a later date.

 

Because they delivered the car, I do not have to take the car back, they have to collect. Dealer is about 2 hours away.

 

But you are correct in that main interest is recovering my money. As I paid by credit card, that should be easier.

 

The thing is that I do not want responsibility for the car. They have had more than enough time to arange collection but have chosen not to. I cannot be expected to be accountable for the car that they have effectively abandoned outside my house surely.

 

Also, when I bought I paid before being handed the car to keep, so perhaps I should insist on them refund before I hand them back the car anyway?

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You should identify the dealer. There is nothing to be gained by not doing so. It will help you and it will help others.

There is no need for secret squirrel stuff on this forum.

 

Well done on paying by credit card. Many people get persuaded to pay by cash and then they have no comeback at all.

Send them a formal letter of rejection. Send a copy to your credit card company. In the letter of rejection make it clear that you will be claiming the refund from the credit card company under section 75 of the Consumer Credit Act. Tell them that if they cause any problems about it then the credit card company may well want to review their status as merchants.

Get hold of your credit card company and begin a section 75 procedure immediately. Make it clear that the company is refusing to honour their obligations under the Consumer Credit Act.

Inform the garage that they are required to remove the car as soon as possible. You have told us if it is in your name


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Thanks again.

 

Yes, I paid by cedit card after reading many horror stories on the web.

 

Section 75 claim was already started but card company are more slippery than a wet kipper.

I also sent the dealer rejection letter by post and a copy of everything was sent to the card company.

 

Card company contacted the dealer who said they would refund me, but have not done so.

Card company seems to think that means dealer is not in breach of contract.

I disagree of course, but card company thinks that they have no responsibility under section 75.

 

Trust me, I will get my money back.

Of that there is no doubt at all and have no worries about taking the card company to court if needed.

 

The main thing is what to do about the car.

How long is reasonable for me to have responsibility for it, when I have made it clear to the dealer that it is rejected and they have just not bothered collecting it.

 

Please correct title if you can.

I spelled 'responsibility' without an 'r'

 

Car is NOT in my name and it will not be by DVLA as I had a very nice chat with a manager there, so if a v5c does get sent in with my details on, they will NOT put it in my name but will hold the V5c ''in trade'' until someone else applies for the V5c thus bypassing me.

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Still waiting for the name of the dealer.  Are you trying to protect them?


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It doesn't protect you and I have no idea where you get the idea from. I'm afraid that people get obsessed with this kind of stuff and in fact it does no good at all. If the dealer happened to realise that they had been named on this forum then it would simply motivate them to sort themselves out. The fact that they can be confident that their reputation is not at risk means that they will simply be more cavalier about meeting their obligations. It also means the other people who were affected by the same company are less likely to be encouraged to take their own action – because you are protecting the company. Bravo


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Thanks for your help. I do not appreciate the sarcastic ''Bravo''.

 

Is it it a rule to name them? No. I do not feel comfortable doing that at the moment so no matter how much you want, that is not going to happen. I simply wanted advise on what to do about the car. If you are unable to help, that is fine and I am grateful for your time. But the sarcasm does not work on me.

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We always help. I've given you advice and I'm not sure what else we can do at the moment until you come back and update us as to any developments.

We always help and it's very nice when the people who come to us want to help others so I'm still sorry that you won't name the dealer. You're quite wrong and you would be far more in control of your situation if you were a bit more forthcoming about this kind of thing

 


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Well, I very much appreciate that you are Site Team. But you have no right at all to say '' you are quite wrong'' because I won't name the delaer at this time.

 

I think what you have succeeded in doing is put people like me off asking for help. Bravo to you.

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Well I'm sorry that you feel so upset about it


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I am curious. I posted a question about responsibility for a car I am rejecting sold to me by a dealer. The only person thus far to respond happens to be a site team member, who's very first line contained ''What is the name of the dealer?''. I replied that I am not comfortable naming them, but that led to me being ''wrong'' and ''being obsessed with this kind of stuff''.

 

But the member who responded seemed to be the one obsessed with finding out the dealer name. I felt like I was being almost bullied. Tell us the name. Tell us the name. You are bad for not telling us the name. Bravo to you for making it harder for others. What?

 

If I had wanted to name and shame the dealer, I would have done. I did say that I would do at a later stage, but was not and am still not comfortable doing that and that SHOULD have been that.

 

I have since found the information I require elsewhere and just wanted to say how upset I was yesterday about this. I am having a very difficult time trying to get my money back and only asked about the responsibility for the car, but it just ended with me being ostracised for daring to question why I was being nagged and nagged for something that is frankly not particularly relevant.

 

Perhaps someone else would care to comment. Maybe I am wrong to not comply with the demand. But I found that the oddest situation I have ever been in on any forum and it made me very uncomfortable indeed.

 

I think some people need to get down off their throne and understand that whilst I am grateful for any help, I am not grateful for the way in which this person made me feel. Why I should I feel bad? The first time I said that I was not naming the dealer, that should have been that. But no. This was the sole focus and actually makes no difference to the question I asked in any way.

 

Thanks for reading. It needed to be said.

 

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You asked for advice, and the suggestion that you name the dealer was part of that advice. That's the problem with asking for advice, sometimes the advice isn't what you want to hear.

 

the people on this forum are giving up their time to advise people for no advantage to themselves, but said advice will be objective, rather than tailored to your specific pre conceived views. when people give you advice in good faith that you have solicited, and you ignore said advice and say actually, i know better, what sort of response do you expect to get?

 

There are two good reasons to name the dealer, one is that it will further you ends of getting a prompt refund, the other is that by putting the name in the public domain, anyone else who is considering purchasing a car from this company and who has the good sense to stick their name into a search engine before parting with the money would find this thread and be able to use this information to decide whether they wanted to go ahead with the purchase.

 

The second aspect is possibly the more important, i would suggest that Bankfodder's impatience with you in this matter stems from the fact that you have come here expecting to be helped by volunteers who give their time for free, but are not willing to help others yourself by imparting information that could help them avoid the same situation that you find yourself in.

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I did not 'expect' anything at all. I asked. Nothing more.

 

I have not ignored any advice. I have refused to name the dealer. But you have joined in to also tell me I am wrong not to. Has it occured to any of you people that i might actually have a very good reason NOT to name the dealer? Like not wanting bricks through my windows for example?

 

All I was interested in was the lagality of what to do with the car. Nothing else. Obviously this is not the forum for me, so i will be grateful if someone can delete this thread and close my account.

 

 

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My standard response to a “flounce”: Don’t let the door hit your backside on the way out.

 

Delete the thread: won’t happen, should stand as a resource for others. There are a few circumstances where the site team will delete threads but I doubt this one comes close to qualifying.

 

Delete your account: either there will be an option for you to do so, or you can just chose to ignore and never come back.......

 

It depends on if you want no more to do with here, which is in your own gift, or you want drama / attention “Delete this thread”, “cancel my account”, “Goodbye cruel website!”, when : nobody cares any longer, due to you just wanting attention.

Tatty-bye.

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as you say the v5c is not in your name

the car legally is nothing to do with you then and not your problem.

hope the garage has got it insured...


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

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

 

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It's likely that it's covered by the garage's trade policy, if the OP has rejected it it would be part of their stock. garages and traders don't insure cars individually, they have bespoke insurance policies that cover all the cars in their stock as well as covering them to drive customers' cars if applicable.

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You have no right to reject the car just because an EML warning light has become apparent, you don't even know what the fault is. You should be reasonable and accept the offer to repair. You should be working with the garage, not against them. 

 

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he wasn't ...


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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1 hour ago, dx100uk said:

he wasn't ...

Why ? What have I missed ? The seller

offered to repair?

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was not only EML light...


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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1 minute ago, dx100uk said:

was not only EML light...

 

And....

 

It’s a £2500 end of life banger. If it gets from A2B it’s fit for purpose. What are you actually trying to say? 

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There's a difference in buying a car privately or at auction, and buying one from a retail seller, regardless of the price. buying from a dealer you have certain statutory rights as a consumer, and you pay a premium for the supposed benefit of buying from reputable source. 

 

An engine management light could be a minor problem, the issue here though is that the seller delivered the car with the light on, then dumped it and made a quick exit, that gives a fair idea of his attitude to customer service. If the engine management light came on while the car was in the process of being delivered, any reasonable seller would have told the buyer the light had come on and taken the car straight back to sort it, not done a runner and hoped the customer wouldn't notice.

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