NooNoo84 - Faulty Car

[noonoo84]

Hi Julia,

Just wanted to ask if you managed to get your money back.

The reason I'm asking is that I'm in the same situation, with the same dealer/trader/salesman. We too bought a can on the 17/03/2016, my husband went to view the car, paid for the car the same day, on the way home the car over heated and broke down. Dealer was called and he advised him to allow the car to cool down and continue. The day car was taken to a garage and we were advised to return the car and get a refund. The dealer was not happy with request, recovered the car on the 19/03/2016 and since refused to give refund, on the basis of the part that he says needs fixing is a wear and tear item and we are not in our rights to ask for a refund??... The dealer/trader/salesman has still not returned the car and we are still waiting for him to return the car with a detail report of the fault or refund us our money.

Any advice would be helpful. I have contacted the salesman tonight, explaining that if he should return the car, I will be taking it to a garage for a full inspection report.

It worries me deeply to read that you are going through this with the same dealer/trader/salesman.

[des8]

Re: Faulty car

Hi and welcome to LB.

Do not accept a return of the ca
Under the Consumer Rights Act 2015 you have an absolute right to reject the car and have a full refund within the first 30 days.
You do not have to allow the dealer an opportunity to repair the vehicle.
http://www.legislation.gov.uk/ukpga/...ion/20/enacted

[noonoo84]

Re: Faulty car

Thank you for your reply des8, and for the link.

What should I be quoting the dealer, as he clearly does not know the Consumers Rights Act 2015.

Many Many Thanks

[noonoo84]

Re: Faulty car

or have you got a link to a template letter, that I can send him by post.

Thank you again :tinysmile_grin_t:

[noonoo84]

Re: Faulty car

sorry to be a pain.

Have text the dealer tonight now asking refund.

He is saying that he has recorded a phone call, where he says I agreed to the car being fixed... As I remember the phone call did not go this way and he threatened me it would take weeks/months for us to take him to court and as it is a wear and tear item, we wouldn't win and this phone was with myself not my husband.

I've have just completed a letter and will be sending this to him tomorrow, asking him to refund me with 14 days of the letter. Can I start a claim now or do I have to wait the 14 days?

[des8]

Re: Faulty car

As you have already had problems with this guy I would write a "Letter before Action" .
In it you set out that you purchased vehicle XXXXXX on XXX .
tHe vehicle was unsatisfactory and so it has been returned and rejected.
You now require a full refund within 14 days.
If it is not forthcoming within 14 days you will commence court proceedings without further notice.


.If he blethers on about you agreeing a repair you could point out that whilst this was not agreed,he had misled you by saying that your right to cancel did not exist as the fault was due to wear and tear. This is a breach of The Consumer Protection from Unfair Trading Regulations 2008 (sec 5 (4) K)

You will have to give him the 14 days in which to respond.

How did you pay for the vehicle?
If by credit card you may make a sec 75 claim.
If by finance the finance company will have to be informed.

[noonoo84]

Re: Faulty car

As you have already had problems with this guy I would write a "Letter before Action" .
In it you set out that you purchased vehicle XXXXXX on XXX .
tHe vehicle was unsatisfactory and so it has been returned and rejected.
You now require a full refund within 14 days.
If it is not forthcoming within 14 days you will commence court proceedings without further notice.


.If he blethers on about you agreeing a repair you could point out that whilst this was not agreed,he had misled you by saying that your right to cancel did not exist as the fault was due to wear and tear. This is a breach of The Consumer Protection from Unfair Trading Regulations 2008 (sec 5 (4) K)

You will have to give him the 14 days in which to respond.

How did you pay for the vehicle?
If by credit card you may make a sec 75 claim.
If by finance the finance company will have to be informed.

Good morning,

We paid in cash, unfortunately. He has sent a threatening text, saying we are playing games, comment of "cut nose off to spite you face" and he threatened us that we might lose both car and money.

[des8]

Re: Faulty car

Lovely person!
Just keep a copy of those text messages, and continue with procedures necessary for court action if you do not want the return of the car even if it is ever repaired

The problem I see looming is that when this guy loses in court and you try enforcing the judgement, you discover he has no assets.