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Bought New car

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  • Bought New car

    Hi Looking for some advice..

    All of below id a off premese sale/distance sale

    9 days ago I saw a VAN advertised online. Ex Demo from a BIG brand garage. The Van was advertised as registered on 16/4/21 (told verbally on phone) and on advert had 1784 miles on the clock.
    I rang the garage about the van and was sent a video of same van with same registration as er original ad. The camera zooms into the clock and displays (1784)

    I ring insurance and get quote on the registration on the ad and video

    I give confirmation I will buy this van. I recieve an email stating the the van is another registration. At this stage I have yet to see this van (not this is a reputable BIG brand garage and trust them completely) and have not been made aware of the difference in the registration date which is now on this new 24/2/21 (51 days difference) and the additoinal miles of almost 2000 miles. A ex demo van with 2576 miles?

    I received and signed multiple order form, pre delivery forms with the original reg, and a new reg..

    I go to the garage to collect and sign an new delivery form, and received a receiot for a the original reg. I also get VS5 doc to a different reg and it is already filled in with someone elses details, partially tippexed out. I was told that I fill this in.

    Since all of this. 6 days after purchase, the van is leaking oil, in the past 3 days (as it has been sunny). I alerted the garage the first day I noticed this and have ceased driving the van on this date.

    I have made queries about all of this to the garage and being told multiple varying explanations in regard the registration. The after customer experience I have had has been atrocious to say the least, no courtesy car offered, told to get the van to the garage by myself. I eventually arranged with AA to get to garage and get a courtesy vehicle. I must say AA have been excellent.

    I have told the garage verbally and in writing that I will be returning the van as I am not happy, however the garage says thats not possible as they have one shot at repair.

    Howver I feel that the van was advertised with misleading, inaccurate information. I have a receipt for another vehicle (not the one I bought) and also as per contract.

    Your ability to request a refund within 14 days will be affected by the method used to buy the car, and also whether the sale was made at a distance (e.g. over the phone or online), or whilst at physical premises (e.g. car dealership). - “Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling.


    Any advice on how to proceed?








    I
    Tags: None

  • #2
    How did you pay for the vehicle? cash/credit card/HP

    Did you buy it for business use?

    If so what is your business?

    Comment


    • #3
      Bank transfer, use for social.. Not for business

      Comment


      • #4
        Within 30 days you have the absolute right to reject without having to allow an attempt to repair.

        between 30 days and 6 months they are allowed one chance go repair

        Consumer Rights Act 2015

        You write back to them telling them that you are rejecting the vehicle within 30 days as is your right under CRA for not as described and not of merchantable quality. You expect the refund to be paid by bank transfer and the vehicle to be picked up by the dealer at his cost as required by the Act.


        This is only as a consumer and not a business deal

        Comment


        • #5
          In that case write (first class letter post with free certificate of posting from post Office) to the trader confirming your telephone conversation of dd/mm in which you used your short term right to reject the vehicle as unsatisfactory. and not as described
          Tell them this is in accordance with your rights under the Consumer Rights Act 2015.(CRA 2015)
          Also inform them that the vehicle is available for their recovery, and you require repayment of the purchase price plus your costs arising from the unsatisfactory condition of the vehicle.
          All this is as per your rights under CRA 2015, besides those available under the distance selling regulations

          Comment


          • #6
            Thank you. The sales manager was very abrupt, condescending and continually attempting to gaslight prior conversations.. Horrible experience

            Comment


            • #7
              The garage are now saying this was not a distance sale as I collected the car from the showroom

              The car was collected from our Showroom, therefore you seen the car onsite and this does not constitute a distance sale. As I said, I wish to have the car checked over to find out what the fault is, should this be deemed to be a warrantable issue and not driver related or damaged, then I will be more than happy to return the car.

              Comment


              • #8
                It's nothing to do with a distance selling or not, though since all the previous dealings were online I would say it was. It is all to do with the CRA. Have you sent them that letter stating Consumer Rights Act, a certificate of posting. You are not looking to claim under warranty, you are rejecting.

                My daughter is currently having problems with a car she bought. Lots of dealer not being helpful until I told her to mention CRA. Suddenly they would look at it and fix.

                Comment


                • #9
                  I sent them this

                  “Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling.

                  and requested a like-for-like or refund.

                  Click image for larger version

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                  Originally posted by ostell View Post
                  It's nothing to do with a distance selling or not, though since all the previous dealings were online I would say it was. It is all to do with the CRA. Have you sent them that letter stating Consumer Rights Act, a certificate of posting. You are not looking to claim under warranty, you are rejecting.

                  My daughter is currently having problems with a car she bought. Lots of dealer not being helpful until I told her to mention CRA. Suddenly they would look at it and fix.

                  Comment


                  • #10
                    Update : got full refund, thank you

                    Comment


                    • #11
                      Well done and thanks for the update

                      Comment

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