Vehicle rejected, refund offered but refuses to collect.

[Nikc]

Purchased a used faulty car 9/1/23, dealer has agreed to refund but refuses to collect. The dealer is 100 miles away and I live on the Isle of Wight!
All the information I have found online points to the fact it is the dealers obligation to collect but citizens advice say as I collected car from dealer I have to return to them.
Any help would be very much appreciated.
Thanks

[R0b]

Hello,

Section 20(7) of the Consumer Rights Act 2015 says this:

From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the 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.

Link here: Consumer Rights Act 2015 (legislation.gov.uk)

Per section 20(7)(b), you have to make the goods available to collect or you can agree to return the goods presumably at the dealer's expense (and possibly your risk of losing further money if the dealer doesn't pay up or winds their business up).

[Nikc]

Thank you very much for your reply.

The dealer is now saying (via email) that he has instructed his solicitor to deal with this and I should no longer contact him, unless it’s about me returning the car for a refund. The reason for rejection is that the clutch is faulty, I immediately took vehicle to two vat registered independent garages to confirm my thoughts, to which they did. I then phoned the dealer to give him the news. His initial response to this when he spoke to me on the phone, was “car would go on for 10,000 miles plus with a worn clutch and the garages I used to inspect are lairs.” At that point I sent a recorded delivery letter of rejection, he has received and signed for it.
My other half talked me into trying to negotiate with dealer (via Text) a day after he received my letter, by offering to drive car half way and he could pick up from me. He was willing to do this but refused to pay any of my costs (the car ferry isn’t cheap), so i insisted he could collect from the Isle of Wight at his cost and this is why it’s got to this.
What more can I do, or shall I just get on with preparing for small claims?

[Nikc]

Edit

[atticus]

A few things for you to ponder...

How does the cost of getting the car to the dealer compare with the amount of refund?

What would you have to pay in court fees?

How ready are you to wait for the court process to be concluded, and to take the risk of things going wrong in court, or you not being able to collect on a judgment?

[Nikc]

Thank you for your reply.

The vehicle was £7500.
Another £200+ to get car back and me back home.
He has said he won’t refund until he has inspected car and I’m very concerned he won’t find the problem. Obviously then refund wouldn’t happen and I’ll have to return to collect car. Possibly being stuck with a faulty clutch (£1100 to fix) and hundreds of pounds of travelling expenses.
I absolutely see your points and I’m not overly confident going to court, I also have no faith whatsoever in the dealer either.
I have use of another car and can afford the court fees.
So as you say a lot to ponder…

[atticus]

My previous post was written on the basis that you had said that the dealer had agreed to make the refund (post 1); it appears that is not in fact the case.

[Nikc]

Sorry I should of been clearer. Refund with condition he finds the fault.

Thanks.

[Claires1974]

I am in similar situation I purchased a car on 11/01/23 from dealer and found several faults in first 7 days main one being handbrake failed whilst on slight slope and almost hit a pedestrian I returned the car to the dealer and issued right to reject letter stating wanted full refund no repair they then chose to ignore me and repair anyway saying faults where all minor and refusing refund I have contacted citizens advice who have passed this to trading standards think I am still going to struggle to get my cash back paid £6000 for car via bank transfer

[Nikc]

I am in similar situation I purchased a car on 11/01/23 from dealer and found several faults in first 7 days main one being handbrake failed whilst on slight slope and almost hit a pedestrian I returned the car to the dealer and issued right to reject letter stating wanted full refund no repair they then chose to ignore me and repair anyway saying faults where all minor and refusing refund I have contacted citizens advice who have passed this to trading standards think I am still going to struggle to get my cash back paid £6000 for car via bank transfer

I wish you the best with this. Shocking these guys seem to think they can do what they want, in hope you don’t pursue anything if it goes wrong.
Such a stressful time especially for people who haven’t much, so many people put their trust in these dealers to adhere to the law and supply a good product. Lesson learnt for me!
Good luck.

[Nikc]

To update I have received an email off the traders legal firm..



we have been consulted by our above named member.
We are a trade association tasked with providing advice and assistance to our motor trade member.
We refer to the current matter in relation to a vehicle purchased from our member.
On 15 January 2023, our member states that you contacted them to advise that the dual mass flywheel on the vehicle was faulty. Our member will aver that the vehicle does not have a dual mass flywheel and therefore, this claim is denied.
On 19 January 2023, you provided our member with a report from Halfords. Our member contacted the technician who undertook the test on the vehicle who advised that the vehicle had some wear in the clutch however, this was not unroadworthy nor unsafe to drive.
Previously you had listed several other alleged faults with the vehicle however, you contacted our member a third time and advised that you are withdrawing all of the other issues and wanted the clutch to be replaced or to collect the vehicle from the Isle of Wight and be provided with a full refund.
As a goodwill gesture and on a without prejudice basis, our member offered to buy back the vehicle for the full purchase price (£7,500) on the understanding that the vehicle was delivered to our member's premises.
This offer still stands and our member wishes to resolve the matter with you.



I have a second report that states, the clutch is worn, high and slipping, which was forwarded to dealer.
Do I just respond with inadequate response and carry on with court action?
I’ve never asked for a repair and rejected the vehicle and asked for collection.
I did get mixed up and referred to clutch as dual mass fly wheel but amended this with a letter and email.
The firm is lawgistics.

Thanks

[atticus]

I think post 5 applies.

[islandgirl]

Having received that letter I would take it back and think myself lucky the whole thing had only cost me £200. I may write back to the solicitor prior to booking the ferry and ask for another written confirmation that, if you deliver week commencing...., a bank transfer will be made on that date with the money being in your account no later than 2 days later (or whatever the timescale is - most of the time it is almost immediate)