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Bought a car that isn't working - can I insist on a return?

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  • #16
    Even though it's written into the contract that we foot the bill for transportation of repairs? When we first mentioned the fault, he said he wouldn't repair but may make a token payment towards it as goodwill and then let us carry on with a diagnostic. In my view, it's a specialist vehicle and should go into a Nissan dealer or at least to someone that specialises in electric vehicles - it's not really the job for a mechanic and I can't imagine many have experience dealing with EV repairs.

    We're going to forward the email chain to the finance company today and state our case. We spoken to them early on about it and they suggested we try to resolve the matter with the dealer in the first instance which we've done. And we're not happy whatsoever.

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    • #17
      As per ostell keep finance company informed and tell them that if they opt for a repair they will bear the cost of transport etc so suggest your Nissan dealer who diagnosed the fault as this is a specialist part.
      Keep all communications in writing, or if you use the phone confirm the call in writing.
      If this goes to court you will need a paper trial

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      • #18
        Thanks everyone

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        • #19
          The finance company have spoken to the dealer and the dealer has agreed to accept return of the car for a rejection.

          However, they're adamant that the responsibility of transporting the vehicle back is ours, and that we need to pay the £300 transporter fee again. This seems off to me if the responsibility is on the dealer to recover the vehicle at their own cost?

          Also, it would appear that the finance company had finalised the deal and sent the funds for the car on 25th June, even though we didn't collect it until a few days later - which puts us outside of the 30 day timeline.

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          • #20
            So you write to them to tell them that you are entitled, under the CRA, to claim from them any additional cost caused by the defect and if you have to meet that cost then you will be claiming that amount, + interest from them even if it means making a claim through the small claims court.

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            • #21
              Consumer Rights Act 2015 sec 21 (7)

              From the time when a consumer rejects goods under this section—
              (a)the trader has a duty to give the consumer a refund in respect of those goods (subject to subsection (10)), and
              (b)the consumer has a duty to make those goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

              I assume you had no agreement to return the goods, and so the dealer has to collect them.
              If he doesn't, after you have made them available, you could warn him that you have become an involuntary bailee and will dispose of the goods in accordance with your rights under the Torts (Interference with Goods) Act 1977, unless of course he pays you in advance your costs in delivering the vehicle to him.


              30 day time limit starts on day of delivery of vehicle

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