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Used car dealer refusing rejection

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I purchased a used car on the 28th last month, 8 years old with 77k miles for £3900.

 

on the 18th (almost 3 weeks after purchase) the car engine light appeared, I took it to have it checked and two error codes appeared, I called the dealer and he agreed a repair, the dealer took the car for 5 days, spark plugs and coils replaced as both very old. 

 

2 days after collecting the car back the car would not start after picking my children up from nursery, I managed to jump the car and emailed the dealer, the next day the car would not start again, it had also been making belt slipping noises since returning and whining when turning corners since purchase. I also discovered one of the error codes that had been present when going in to be fixed was still present. 

 

I called the dealer and informed I wanted a refund and rejected the car due to

1. The car not starting

2. The error code still present and

3. The noises being made suggesting further issues may arise soon,

 

they tried to practically bully me into telling them the cars location so they could come out and replace the battery as that is apparently the issue,  

I stood my ground and said I didn’t want a repair again, and that I wanted my money back as the car is not satisfactory or fit for purpose and I have lost faith in the dealer as these issues should have surely been checked and serviced prior to selling,  the dealer even commented how old the spark plugs were and the battery upon jumping was caked in grease and dirt! 

 

they have point blank refused a refund saying they’ve offered a repair and Thats all they need to do and now will not respond to any emails I am sending, 

 

I have stopped driving the car as it won’t start anyway and plan to have a mechanic I know look it over so I have written proof of faults, 

 

i am just not sure what I do if I continue to be ignored?

My plan is to send a formal letter Monday recorded delivery,

I was just wondering any other channels I can go through before resulting to court,

they’re not a motoring ombudsman member,

 

I have managed to secured a new car Through finance as I live rurally, 

I have a 4 and 3 year old who go to nursery 25 minutes away and a 5 month old who is due surgery next month which is over an hour drive, so a car is crucial and I have no large sum available to hire a car in the interim.

 

Obviously without the refund the interest cost is higher also so I’d just like some way to try resolve this as soon as possible or be informed what timeframe I could be looking at if it has to go to court? 

 

many thanks!

 

 

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Please can you tell us who the dealer is. How did you pay for the car?

Although you may now have missed the 30 day right to reject the vehicle, because you are within six months of its purchase and they have had an opportunity to repair, you are now entitled to assert a six-month right to reject the vehicle.

I suggest that you write to them and point out that you are now rejecting the car under the consumer rights act because it has developed a serious defect within six months, they have had an opportunity to repair the vehicle and the repair has failed.

Tell them that you want them to arrange to collect the vehicle at their cost and you want your money back.

Let me say to you that we are having lots of these kinds of problems and the big difficulty is trying to get the dealer to respect the consumers rights under the law. It may be highly likely that you will have to threaten legal action and even bring the legal action. Are you prepared to do this? We would help you. It's not difficult but it won't be quick. How did you pay for the vehicle?

Tell us who the dealer is and send the rejection letter off immediately. Don't worry about any motoring ombudsman scheme. They're all waste of time. Small claims in the County Court is the only way to go.


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Thankyou for replying :) 

 

Luckily I’m still within the 30 days until 2nd July as it paused 5 days while it was in for repair, I sent them an email on the 27th stating the consumer rights act and asked for their complaints procedure and got no response, 

 

i noticed they were a FCA member yesterday and upon investigation found a different email for complaints so emailed that yesterday repeating previous email, I know they’re open Saturdays and still no response.

 

I will send the letter and state wanting the collection and refund again and hope I get a response, even when they were fixing it I had to call and chase them, they never updated me, it’s so unprofessional!

 

i am more than willing to pursue court as the car in it’s current state is worth less than half what I paid and the stress of being stranded in the car with my 3 children twice is enough to make sure the company admit their faults.

 

I paid £200 deposit in cash and £3700 on debit card, I have all receipts and was going to try the bank to try reclaim the £3700 next week, as it’s the next town over and getting there is a bit of an issue without a car. 

 

I have also started a diary listing costs or issues that arise day to day due to them refusing the refund incase it goes to court.

 

 

 

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You sound well-organised but you haven't told us who the dealer is. I'm very surprised that the dealer's FCA registered because that would mean that they were finance company. A shame that you paid on a debit card. It would have been much simpler had you paid on a credit card.

30 days or six months – it doesn't make any difference because they have had an opportunity to repair and the repair has failed. In fact I take the view that offering an opportunity to repair within the first 30 days can vitiate the 30 day right to reject so that you move immediately to the six months one. However, this is simply an argument principle – it makes no difference.

Also, what would you estimate to be the additional costs that you have incurred because you were obliged to borrow money to buy the replacement vehicle? I'm wondering whether this could be claimable as well.


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I don’t want to name them publicly incase it goes to court, more than happy to message you privately,

they’re a ltd company and have a FCA number, they do commercial vehicles too which may be why? 

 

Yes, I’m having to take the new car out over a longer term to afford the payments and borrowing more as I don’t have the larger deposit, plus my children will miss hours of nursery that I pay for in advance next week as getting the bus will get them in late,

 

I also have mobility issues so the walking will impact me and cause a lot of stress, my children may even possibly miss nursery days, had I known I would receive a refund in due course I would be able to afford a hire car but I can’t outlay that knowing I may not get this money back for quite a while 

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By all means message me confidentially to our admin email address. However, it will do you actually no harm to have the dealers name exposed on this forum or elsewhere and it will make no difference to any court case.

I don't know why but lots of people seem to think that if you start contemplating legal action then you have to play secret squirrel. You don't and it is much more helpful to be straight dealing and transparent. It will also help other people who may have fallen into the same trap with these people and finally if the dealer sees their name here then they may realise that it's more than just the money at stake, it is also their reputation.

If you don't identify the dealer here then all you are doing is protecting them and it seems to me that in the circumstances that is a over-charitable


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yes always name and shame.

 

p'haps if people did that more often you wouldn't have ever have gone there and got sold a pup if you'd found info here on them.

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On 29/06/2019 at 11:34, BankFodder said:

I'm very surprised that the dealer's FCA registered because that would mean that they were finance company. 

 

A dealer being FCA registered will, in 99.9% of cases, mean that they are just authorised to act as a credit broker (i.e. pass customer finance applications on to finance companies).  It does not mean that they are a finance company themselves.

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