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Used car 30 day rejection
Hi
I’m new to this forum and would be grateful for your advice.
At the start of the month I saw a vehicle on an online auction site and my bid was successful. We then arranged inspection and payment with the seller, which is VAT registered secondhand car dealership.
We travelled to the dealer and had a test drive of the vehicle. During this test drive the oil light came on. Their mechanic had a brief look under the bonnet and said that the oil was low. It was topped up and the oil light disappeared. Relying on that and happy with the overall condition of the car (it’s 10 years old, so some wear and tear expected), we paid for the car by credit card and bank transfer. We also purchased an extended warranty at the same time.
The car was purchased as our runaround vehicle for nursery drop-off; during which we noticed several things. The 4x4 warning light periodically came on and the steering went wobbly. The red warning oil light again came on. The car emitted blue/grey smoke in idle-mode, low gears and in reverse. We took it to a garage who diagnosed engine failure; 4x4 module failure and a worn clutch. Ultimately it’s not roadworthy and should not have been sold in the state it is in. They said I should return the vehicle as we were only 16 days since purchase.
I have contacted the dealer and sent a letter of rejection stipulating the faults found and reliance on the CRA 2015. As expected they have tried to fob me off, firstly by seeking to rely on eBay t&c’s (which don’t even apply to motor sales) and then by stating that they advertised ‘no returns’. They’ve also tried to argue that I may have driven the car negligently - which is just nonsense. They then tried to argue that as it’s outside of 14 days they should be given opportunity to fix it. I don’t think that’s correct and also I’ve got no faith in the car now nor faith in them to do a proper job. I asked them to confirm whether they are refusing my refund and they did.
I’m guessing that my next step will have to be issuing proceedings, however do I have to wait until the 14 days from my letter of rejection have lapsed?
Also with the credit card company being jointly and severally liable, do I have to put them on notice first too?
Would I best to commence a S.75 claim as an alternative to proceedings?
Thank you very much in advance.
I’m new to this forum and would be grateful for your advice.
At the start of the month I saw a vehicle on an online auction site and my bid was successful. We then arranged inspection and payment with the seller, which is VAT registered secondhand car dealership.
We travelled to the dealer and had a test drive of the vehicle. During this test drive the oil light came on. Their mechanic had a brief look under the bonnet and said that the oil was low. It was topped up and the oil light disappeared. Relying on that and happy with the overall condition of the car (it’s 10 years old, so some wear and tear expected), we paid for the car by credit card and bank transfer. We also purchased an extended warranty at the same time.
The car was purchased as our runaround vehicle for nursery drop-off; during which we noticed several things. The 4x4 warning light periodically came on and the steering went wobbly. The red warning oil light again came on. The car emitted blue/grey smoke in idle-mode, low gears and in reverse. We took it to a garage who diagnosed engine failure; 4x4 module failure and a worn clutch. Ultimately it’s not roadworthy and should not have been sold in the state it is in. They said I should return the vehicle as we were only 16 days since purchase.
I have contacted the dealer and sent a letter of rejection stipulating the faults found and reliance on the CRA 2015. As expected they have tried to fob me off, firstly by seeking to rely on eBay t&c’s (which don’t even apply to motor sales) and then by stating that they advertised ‘no returns’. They’ve also tried to argue that I may have driven the car negligently - which is just nonsense. They then tried to argue that as it’s outside of 14 days they should be given opportunity to fix it. I don’t think that’s correct and also I’ve got no faith in the car now nor faith in them to do a proper job. I asked them to confirm whether they are refusing my refund and they did.
I’m guessing that my next step will have to be issuing proceedings, however do I have to wait until the 14 days from my letter of rejection have lapsed?
Also with the credit card company being jointly and severally liable, do I have to put them on notice first too?
Would I best to commence a S.75 claim as an alternative to proceedings?
Thank you very much in advance.
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