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Second hand car from trader, faulty within 30 days asked for refund but rejected.

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  • Second hand car from trader, faulty within 30 days asked for refund but rejected.

    Bought a secondhand Mazda6 on 13/10/2023 from a local facebook trader. On a two hour round trip the engine management light and oil pressure light came on last 30 mins of travel, I pulled over at the next services and waited 15 minutes. After restarting engine management light was present and i took it home cautiously. Engine light still present when starting.

    Contacted seller on 26/10/2023 and requested a refund. After some back and forth messages referencing The Consumers Rights Act 2015, seller said he would only fix the issue and that he did not have the money to refund.

    What would be the best steps here to take in this very fresh situation? I have saved all the current ads for his other vehicles and have facebook chat back and forth. I paid with debit card and wondered if with my evidence if they would honour a chargeback?

    I not have confidence in the vehicle and therefore would like a straight refund rather than a repair.

    Any advice would be greatly appreciated.
    Tags: None

  • #2
    As your car has developed a serious fault within 30 days of delivery, you are entitled to reject the car under the CRA. If you decide to do this you should write to the dealer rejecting the car under the CRA, pointing out the serious fault. You should say the car is available for collection and you expect a full refund within 14 days from the collection date.

    If the dealer refuses rejection you will need to start a court claim. This process can take 9-12 months and there is no guarantee the dealer will pay up, assuming you win the case. During this period you should not use the car so you will need to park it somewhere safe.

    You could agree to the dealer's offer to fix the fault. Hopefully the dealer will solve the issue but if he doesn't or the fault reoccurs you are back to square one. The 30 day rejection period is extended in this case.

    You could obtain a quote/estimate from a local garage to fix the fault and seek a refund from the dealer to cover this cost. The dealer may agree to this but a dispute could arise with the dealer if the garage's final bill significantly exceeds the quote/estimate.

    Exchanging the car with another of the dealer's advertised vehicles is another possibility if the dealer agrees to this. A partial refund or you paying more may be necessary.

    A chargeback claim with your bank is an option but it is not covered by law, and you will have to prove the dealer breached the contract.

    In the end it is your decision. Personally, as the court process is now taking so long, I would choose options 2 or 3. (dealer repairs or car exchange)

    Comment


    • #3
      Have you actually checked what the problem is, what is causing the warning light to come on?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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