Rishton Autocare - PX'd my car for one 300mls away - It's Faulty - state they are exempt from DSR!!

[yogii]

Hey guys, 

I made a distance purchase of a car from a 2nd hand dealership in November.

However, shortly after receiving it, it was apparent there were a number of serious issues with it. 

I contacted the dealership to say I would like to return the vehicle as I was still within the 14 day cooling off period.

They pointed out to me that on the invoice of the car it states that they do not operate within any cooling off period,

please see attached. 

Is this something a dealership can just opt out of?

 

 

Invoice.pdf

[yogii]

Thanks for the reply. 

I did also mention the Consumer Rights Act and say that the goods were not fit for purpose, however they still refused to refund. 

They did offer for me to return the vehicle to them for them to repair, however, due to the distance involved it isn't really a viable option for me. I'd rather just try and get my money back! 

I also part exchanged my old car for the vehicle, so not sure how that factors in as well!

[yogii]

300 miles. 

The problem is that I'd rather not drive the car that distance (in fact the dealership advised me not to), as it would cost about £500 to get it taken up on a truck. Plus, they can't guarantee how long it would take to complete the repairs. So I could be stuck in another part of the country for a couple of days waiting for it to be sorted. 

I'd rather exhaust all options in getting my money back first. 

[yogii]

I contacted my bank, and they would only be able to assist with the cash payment that I made (about £1500). Not the £3500 I got in part exchange for my old vehicle,

they suggest I contact Trading Standards for assistance.

I'm still waiting for them to get back to me.

In the meantime, I thought I'd reach out to you guys!

@BankFodder Not at all! The name of the garage is Rishton Autocare. 

I've been told that small claims is likely the best way to proceed, but I'd be anxious about the costs involved and the possibility of losing, obviously!  

Nothing special about the vehicle. Just a roll of the dice that didn't pay off.  

I was in a situation where I needed a new car quickly.

This car is 10 years old, however, it had a full service every year from when it was purchased and only one previous owner.

whilst I did not have the opportunity to test drive the car, I thought that the one owner and full history would reduce the chances of it being rubbish/broken!

[yogii]

Thanks for updating the thread.

What do you suggest that I do in this situation then? 

[yogii]

All of the messages with the dealer have been through Whatsapp or email. The first I mentioned about returning the car through Whatsapp, about 9-10 days after receiving it:

''I’m afraid that getting it back to you for a repair isn’t a viable option for us, as ultimately, we’re unable to afford for it to be repaired. As I said, we’ve been advised by a gearbox specialist that it needs replacing as it’s on its way out. Therefore we would like to return the car, as is our right within the 14-day cooling off period.''

Are there any services out there that can assist people when going through small claims? It's all completely new to me and it's a bit overwhelming!
 

[yogii]

Thanks for the quick replies, it's much appreciated! 

Please see the attached relevant communications.  

The Whatsapp messages were first.

I received the car on 1st December 2023, and messaged them on the the 8th December saying that we would like to return it as we were still within the 14 day cooling off period. 

After that, on the 14th December, I emailed saying that as they had refused a return within the 14 day cooling off period, that I would like to return the car as it was not fit for purpose. 

 

 

msgs (1).pdf