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Dealer refusing to refund money on faulty car

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  • Dealer refusing to refund money on faulty car

    Hi. On the 5th September I viewed a car at a local dealership, I liked the car but was informed by the sales women that there was a squeaking from the engine and they were replacing the belts so the car is not ready for sale just yet, it also needed some painting bumper and two rear doors, Having been assured that the work would be done I left a deposit paid for on credit card, during the next week the rest of the money owed was paid directly to the dealer from my bank and is a car finance agreement,

    When I returned a week later to pick up the car the noise from the engine was still there. I bought this issue up with the same saleswomen and her response was its an old car and it is what it is.
    Obviously without any transport I reluctantly took the vehicle away, I work in the motor trade so immediately arranged to have a specialist look at the car who after having it for 3 days could not locate the problem. I then had another specialist look at it who identified a possible problem, it was then I arranged the next morning to take the car back to the garage. Upon arriving I was met by a very arrogant and defensive sales manager who had no interest in helping me, eventually I left the car after speaking to the owner, over the next 4 days they replaced numerous parts and still never cured the problem, to show willing to help with the problem I even paid for certain parts myself through my work.

    On day 5 I received a call saying the noise was gone, I went back to collect the car the next morning sure enough the noise was gone but only temporarily, all they had done was spray belt slip on to cover the problem.
    It seems that there is a serious misalignment on the drive system meaning the belts are moving and slipping of the pulleys.

    Yesterday I returned the car with a letter formally rejecting the car but the dealer is refusing to refund the money and wants to take it down the legal route.

    Where do I stand on this issue as I belive I have every right to reject the car and receive my money back in full.

    Is section 75 also and option as paid a deposit by credit card although this would be my last resort. I'm not sure if you can use 75 if the car was paid for by car finance. Thanks in advance for the replys and sorry for the long post...
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  • #2
    Re: Dealer refusing to refund money on faulty car

    Hi and welcome

    "It seems that there is a serious misalignment on the drive system meaning the belts are moving and slipping of the pulleys. "
    Have you got this as a written report?

    You should write to the finance company (presumably Hire purchase) as they are owners of the vehicle, advising them you are exercising your short term right to reject the vehicle under Consumer Rights Act 2015, and you require a refund of all monies paid within two weeks. Tell them you have returned the vehicle to the dealer.

    Send a copy to dealer.

    You do have the right to invoke sec75 following the credit card payment, but keep that in reserve for the time being.

    Comment


    • #3
      Re: Dealer refusing to refund money on faulty car

      Hi thanks for your reply. Unfortunately I don't have that as a report as I merely dropped the car into the mechanic on the way home for him to check. He did say a report can be done if I wanted but I instead took the car straight back to the garage to repair the next morning.

      The finance company is my bank and is a fixed rate car finance agreement not hire purchase..they paid the money direct to the dealer. I have consulted the bank who can lodge a complaint that takes 8 weeks so they encouraged me to deal direct with the dealer. So far I have made no payments..

      Ok thanks for that as I was concerned that although I used card for a deposit the bank paid the rest so wasn't sure if I could use section 75

      Comment


      • #4
        Re: Dealer refusing to refund money on faulty car

        Ok so a bank loan
        Just write to dealer instead of finance co. as above, giving him 14 days or you will commence court proceedings.
        If it goes to court yo may need tat report in writing.

        Comment


        • #5
          Re: Dealer refusing to refund money on faulty car

          No its not a bank loan it's car finance they do own the car.

          I think I'll get the report done anyway thanks for your help

          Comment


          • #6
            Re: Dealer refusing to refund money on faulty car

            Well in that case the bank is the supplier and it is they you would have to take to court.
            So write to them officially, with a copy to dealer.

            Comment

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