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Hello, I could do with a little help on a where do stand legally point. I bought a car from a local trader for £4,600 and within the first week it suffered a breakdown, the trader came out and fitted a new battery, I knew when I bought the car that the radio needed replacing and he showed me one on e bay for £250, he gave me that off the price bringing the sale price down to the £4,600. in the first couple of weeks I reported to him the back doors on this all electric Chrysler grand voyager were not always opening and never opening by the passenger from inside the car, the interior light stopped working and all sorts of other little things like a seat arm rest falling off. So I took the car back to him and he fixed the arm and it fell off again with in 2 days so I took the car back and said its with in 30 days can I please have a re fund, he said pick another car or take £4,200 as I have had the car for two weeks and that is like me hiring a car for 2 weeks, I said Ill come back with my wife after the weekend and we will look at the ford cougar he had on the for court. when I went back I I had seen that the cougar has MOT issues according to the app.. So I asked for the refund.. and he has said NO WAY you are having the car back, now he has had the car for 2 weeks but I have told him before the 30 days and so I feel I am okay to ask for a refund. I would like to know am I okay to ask for a refund as all this happened with in the 30 days or me buying the cat and now he is refusing and telling me I am having the car back what do I do, what can I do.. Thank you any help here would be gratefully received.*
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Put it in writing that you are rejecting the car under the right to reject within the Consumer Rights Act 2015 because of the many failures of the car. You require the car to be collected at his cost and the money refunded within 14 days, as required by the Act. If there is no action witin 14 days then you will reluctantly have to consider legal action to recover your money.
Send by first class post with free certificate of posting.from any post office.
Is he trading as a company or an individual?
The 30 day clock stops while he is investigating
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Thank you for this information,* he is trading as a company , I called him today and at the moment he is saying he is refusing to take the car back and is telling me I am taking the car back once he has fixed the radio, I told him its not the radio its the back doors do not open but he is having none of it so at the moment its looking like he is forcing the point. and the crunch is this Friday so I will go see the dealer and I am going to ask for a re fund, a full re fund with no more £400 deduction thank you..Comment
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Don't speak to him.. keep it all in writing/email.
You don't have to go to see him as he has to collect or arrange to collect the car at his own costComment
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I have just sent an e mail, the dealer has had the car now for 2 weeks trying to fix the faults so they already have the car and they have not replied to the registered letter I sent last Monday nor are they replying to my e mails, so I just asked for a full refund now and said I will not be going into see them on Friday.. I can not thank you enough for this help I was thinking I was either going to loose the £4,600 or have to take a car back that I have totally lose confidence in.. I understand they dealer is going to try and force me to take the car back and I guess it will have to go to court for me to get the money back but at least I now know I don't have to take a car back I don't feel safe in. Thank you.. *Comment
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An up date, so I wrote to the dealer and asked for the re fund, he still has the car that's over 3 weeks now and he says he's fixing it and bringing it round here and posting the keys end of.. So I contacted the DVLA and sent them a letter and asked if my name can be removed from the V5 as the owner, they said send a letter and it can take 4 to 7 weeks for them to review this and make a decision. I bought the car on my credit card so I sent them a letter with all the e mails and asking them if they can help with the re fund, I found a dispute form from them on line so I filled that out and sent it, they said over the phone that that process can take 4 to 6 weeks again to review and make a decision. So I have 4 plus weeks now of worry that the dealer is going to bring the car round here and just dump it o me.. My question is should I start a small claims presidia now or wait to see the outcome of the credit card people. ? or is now the time to go shopping for a lawyer ? Thanks for you information on this very troubling time for us here.Comment
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Have you told the dealer that if he does not accept your rejection you will initiate court action?
You should not start court process until two weeks after warning him that is your intentionComment
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No I haven't told him this, I will today though, thanks I was not sure if I should do this before the credit card has let me know if they will retrieve the money first ? but I will write to him today so should I need to I can start the proceedings. Thank youComment
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You can process both claims at same time, but only receive one refundComment
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I sent the letter registered giving the 2 week notification of return on money and I also sent the same letter to them in e mail, so far I haven't had any reply, so I was wondering if I should start filling out the on line form for the small claims court now so I can start the process at the end of the 2 weeks ? I gave them until March the 2nd to reply giving them plenty of time and weekends so just 10 working days. *Comment
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All I am asking for is the one single payment of £4,600 so I am sure I have to use the small claims court for this and I am going to take a look at what I need to do to get this started. Thank you*Comment
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If you make a county court claim if under £10,000 it will probably be allocated to the small claims track (it's n ot your choice!)
If this is your first foray into court action you might find this guide useful: https://www.judiciary.uk/wp-content/...+web+FINAL.pdfComment
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Yes this is my first ever move in this direction, and the dealer is now not replying to any messages or e mails so im a bit stumped and sort of thinking that I've lost the money now, thanks for the information but thinking I am going to have to go for a wander round town an see f I can find a lawyer, and thank you for the link I am going to have a good read of this tomorrow.. *Comment
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You don't need to find a lawyer**Comment
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Solicitor's fees will possibly be more than you will claim, and his costs will not be recoverable even if you win.
There is no reason not to do it yourself, and we will give you every assistance.Comment
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