Returning a car i purchased online 7 days ago that has an issue

[Springd]

Hi I need help with how to deal with a car company that supplied me a car which I have found to have issues. I had it delivered on the 11/12/24 and was sold to me remotely online without viewing. The car company are saying I have caused issues with it without evidence. And want me to pay for any issues before I can return it along with paying for the return of the car. What rights do I have and how do I handle this.?

[Pezza54]

Hi
Welcome to LB
When you purchased the car remotely you made a distance contract with the dealer
Provided you are a consumer, you are covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Under these regs the consumer has a 14 day cancellation period (cooling off period)
Legally the dealer should have told you about your cancellation rights and how the car is returned to their premises
After the car is returned the dealer has 14 days to refund you in full
As you took delivery on 11.12.2024 you are still within the 14 day cancellation period but you need to act quickly with Christmas next week

[Springd]

Thank you for your reply, is it correct that they can charge me for the issue the car has even though I didn't cause it. ?

[Pezza54]

No they can't charge you for the fault, provided you didn't cause it. You have pointed out to the dealer that the issues were present with the car when it was delivered (or when you first drove it)

[Springd]

The issues were only made aware to me when I took the car for 4 wheel alignment Tuesday just gone. They said they had the alignment checked before it went in the transporter to me but the date on the evidence they sent was 2 days prior to me agreeing the sale. It's all very fishey... is there a template of what I can email to them as they are now refusing to talk to me and I've not had to do this type of thing before.?

[Pezza54]

There is a template letter to return goods within the 14 day cancellation period at www.citizensadvice.org.uk
Best to send a letter "signed for". You could also attach the letter as a document to an email stating a hard copy has been posted

[Springd]

Thank you for notifying us regarding this issue.
The vehicle in question was thoroughly inspected and ensured to be in full working condition before it left our showroom, as certified by our 175-point check along with a 4-wheel alignment. You can peruse the attached worksheet for reference.

It appears that the issue you're reporting may have ensued while the car was in your possession, perhaps due to instances like hitting a pothole or curb.

Based on the records and evidence we have, I regret to inform you that we are unable to assume liability for the said issue.

In your previous email, you expressed a desire to return the vehicle without specifically describing the issues at hand. Upon delivery, you had ample time for inspection and had only noted some scratches for which we provided a reduction of £250, and you accepted the vehicle's condition.

Under standard procedure, customers wishing to return a vehicle are responsible for delivery charges back to our showroom, calculated at 50p per mile in addition to any damage incurred whilst in your possession. Any discrepancies found against the original 175-point check will be your liability to rectify before return.

I look forward to your decision on how to proceed. Should you require further assistance, feel free to contact us.

Kind regards.
Besure

Kind Regards

[Springd]

This is the reply I received to the template. How can he basically say any refund will be less the cost of the issue I have found with the car.? He has no proof that he didn't supply it to me with this issue and I know that I haven't caused it.?

[Pezza54]

How did the dealer find out the car had issues?
How old is the car? How much did you pay for it and how did you pay? How many miles did you drive the car?
Correcting wheel alignment is not expensive. You could consider getting the fault corrected before returning the car

[Springd]

I emailed the dealer to say that I had taken it to have 4 wheel alignment done to make sure the tyres didn't wear uneven as they were new tyres and i wasn't supplied proof it had been done. It was then the issue had been pointed out to me due to the fact they couldn't make the alignment straight due to the possibility the suspension isn't straight. The car is a 2016, I paid with a credit card the value of £15450. I had driven it around 80 miles in-between delivery and being able to get a booking for the alignment.

[Springd]

The dealer has since sent me an image of tracking which he said was done as it left the showroom but it's dated a day before I had even said I would purchase the car. The milage difference between the alignment and the mot he put on it the day before delivery means it had been used by them for 13 miles after the alignment he did. How does this prove I have caused the issue.?

[Pezza54]

A used car dealer cannot expect a private buyer to inspect the suspension before purchase.
You should write back to the dealer stating the mis-alignment to the wheels (which cannot be corrected) and potential damage to the suspension was not caused by you driving it only 80 miles and must have been present when it was delivered.
If the dealer still refuses to refund you in full you should raise a Section 75 claim with your credit card company. You should also write that you are prepared to return the car but have not done so as the dealer is refusing to refund you unless you arrange the repair at your own expense