Advice please - rejecting a car from dealer

sigma · 1 Jun 2017 at 18:11

Three weeks ago I (stupidly) paid in full for a car which had an issue (not a huge issue which is why I though it'd be fixed easily) with the agreement that the dealer would fix it - the invoice states that the dealer will fix it.

It's been three weeks now, the car isn't fixed, they still have it, this is totally unreasonable and the guy is just messing me about. I'm going to seek a refund under the Consumer Rights Act as the car is not 'fit for purpose' and it's within 30 days so from what I've read I should be entitled to a refund - does anyone know if this is 100% the case?

I'm speaking to a lawyer tomorrow to confirm as I'm trying to confirm whether the fact that the car was sold with a known problem is going to give them any come back with regards to a refund.

I don't even have the car as it wasn't in a state to drive.

Many schoolboy errors here and I've certainly learnt a few lessons. I hope this doesn't get messier than it already is.

sigma · 1 Jun 2017 at 18:13

http://www.thecarexpert.co.uk/rejecting-a-car/

Short-term right to reject – the first 30 days
If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

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

http://www.lawgistics.co.uk/read-news/865

New rules mean a customer can reject a car within the first 30 days after purchase
The Consumer Rights Act 2015 comes into force on 1 October 2015. From that date, the Sale of Goods Act 1979 will become largely redundant for all ‘business to consumer’ sales which will then be covered by the new Act.

One of the new rules is the ‘short term right to reject’ covered in Section 22 of the Act.

By virtue of this Section, if a consumer complains of a fault with the vehicle in the first 30 days, they will be entitled to bring it back to you for a refund. They can ask for a repair but they are not obliged to accept a repair and can simply insist on a refund which you will be legally obliged to give.

The slight saving grace for dealers is that it is down to the consumer to show there is a fault and that it was present at the time of delivery.

MooMoo444 · 1 Jun 2017 at 18:18

My interpretation of the above is that you're absolutely covered. You and the dealer were both aware of the issue before purchase and that it would be repaired. It's still within 30 days so just get a refund and walk away. The fact the dealer still has it should make it fairly straightforward for you.

sigma · 1 Jun 2017 at 19:28

I think I am covered but the company could still play hard ball and also them still having the car is a bit of an issue really, as I've paid for something that I don't have in my possession.

As I said, lessons have been learnt :-\

mattyg · 1 Jun 2017 at 19:29

Cash purchase with deposit on credit card???????

sigma · 1 Jun 2017 at 19:30

sigma · 2 Jun 2017 at 11:23

The dealer is refusing a refund. This is going to get messy.

Invertigo · 2 Jun 2017 at 11:31

Next question then is how did you pay? If you paid any part of the cost via credit card, even if it was a token £5, their section 75 coverage will apply to the full purchase price.

sigma · 2 Jun 2017 at 11:35

Wasn't on credit

transfer

MooMoo444 · 2 Jun 2017 at 11:51

Do you have anything in writing that says they were aware of the issue and/or going to fix it? What did your lawyer say?

robj20 · 2 Jun 2017 at 12:03

sigma said:
The dealer is refusing a refund. This is going to get messy.

Refusing for what reason? Are you doing this all in writing so you can gather evidence.
I wonder if he is stalling so the 30 days runs out making it harder to reject the car.

Semple · 2 Jun 2017 at 12:04

Send an LBA outlining your reason for requesting a refund and a deadline of when you expect to be refunded by, otherwise you will be taking the matter further with the courts.

You could even cite the legislation that you posted above in case the dealer is clueless and doesn't know.

HoneyBadger · 2 Jun 2017 at 12:08

sigma said:
The dealer is refusing a refund. This is going to get messy.

Based on the above, I can't see how they can refuse?!

sigma · 2 Jun 2017 at 12:23

The lawyer agreed with the above. The dealer said he can prove what he's done (although as per the legislation it doesn't matter if he can do this) and that's why he won't offer a refund and he's happy to take it to small claims. The problem with small claims is that it can enter a bit of a minefield if the dealer becomes awkward with payment terms etc.

Current status is that he's going to fix it and deliver it on Monday. Nothing is in writing yet but I am going to send an email & letter on Monday. Dealer won't reply of course. I agree about him trying to push the 30 day limit, he agreed to restart it on delivery but that is BS.

I have another week or so before the 30 days runs out so there is enough time. I also want to get the car in my possession ideally.

Maundie · 2 Jun 2017 at 12:27

sigma said:
Current status is that he's going to fix it and deliver it on Monday. Nothing is in writing yet but I am going to send an email & letter on Monday. Dealer won't reply of course. I agree about him trying to push the 30 day limit, he agreed to restart it on delivery but that is BS.

It doesn't matter if he agrees to restart the 30 day period on delivery as he stated he won't refund, he can offer 3 years of guarantee but it's not worth anything if he won't honor it.

I would definitely get a letter sent with the start of court proceedings straight after they have delivered you the car back.

sigma · 2 Jun 2017 at 12:44

Maundie said:
It doesn't matter if he agrees to restart the 30 day period on delivery as he stated he won't refund, he can offer 3 years of guarantee but it's not worth anything if he won't honor it.

I would definitely get a letter sent with the start of court proceedings straight after they have delivered you the car back.

Agreed, I don't trust him now.

A summary (nonthreatening) email is being sent today and we'll see what happens on Monday.

I'm glad this car isn't very expensive, whilst that shouldn't influence the matter I'd be a lot more annoyed if it was substantial.

MooMoo444 · 2 Jun 2017 at 13:14

Name and shame so we can all avoid once this is resolved

Understand if you don't want to reveal details prior to any action.

sigma · 2 Jun 2017 at 21:37

The e-mail is being sent shortly, with a read receipt. I won't mention this in the e-mail but to add more substance to the 30 day thing, legally speaking, the 30 day period hasn't started:

Time limit for short-term right to reject
(1)A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

(2)An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

(3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

(4)If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period (but without affecting the time limit in relation to goods that are not of that kind).

(5)Subsections (3) and (4) do not prevent the consumer exercising the short-term right to reject before something mentioned in subsection (3)(a), (b) or (c) has happened.

(6)If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7)If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)7 days after the waiting period ends, or

(b)if later, the original time limit for exercising that right, extended by the waiting period.

(8)The waiting period—

(a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

He literally has no leg to stand on. Either he doesn't understand the law or he's just calling our bluff.

Let's see what happens...

sovietspybob · 2 Jun 2017 at 22:15

Would it be better to send something like that in the post recorded delivery rather than via email?

sigma · 2 Jun 2017 at 22:23

sovietspybob said:
Would it be better to send something like that in the post recorded delivery rather than via email?

Yes, it'll be mentioned via e-mail and post if the car isn't here on Monday

I shouldn't really have to spell it out to him but I will if he doesn't deliver, either way, the law is on my side so happy days.

The conundrum now is, should the car actually be ready on Monday, do I accept it based on still having 30 days to reject, or do I refuse it (but still take possession) as I'm entitled to do this. I'm heading for the latter but let's see. Again, I'll seek legal advice along the way

Now I know the 30 day thing is in my favour this whole saga just became a bit easier to digest.