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Looking for advice please.
Purchased a car on finance in August.
Had issues from 2 weeks in. Had it back 6 times for multiple repairs. All of which have come back
Exercised my Right to Reject with finance company (who said will investigate for 14 days) not happy with that ive gone to dealer.
Dealer has accepted the rejection and took the car back.
Ive covered 1440 miles since purchased, but weve agreed 440 has been back and forth for repairs.
So theyre quoting 1000 miles at 45p for fair usage.
I feel 45p is high as seen posts with people saying 15p or 20p before.
Also upon handing car back dealer is saying my £300 deposit isnt refundable as its been 5 months so its my Final right to Reject as opposed to Short Right to Reject. Also saying theyll be suprised if i get the 5 finance payments totalling £1200 back from finance company.
Surely by taking it back theyve admitted the car is unsatisfactory and the Consumer Rights Act Section 20 should apply?
(9)The consumer’s entitlement to receive a refund works as follows.
(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
(11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.
(12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.
(13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.
(14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.
(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.
(17)The trader must not impose any fee on the consumer in respect of the refund
^^^ am i right in thinking this applies
Also is 45p a mile fair considering ive had 6 unpaid days off work due to this vehicle for them to carry out repairs.
Any advice on how to proceed very much appreciated
Also wanna add, imputting the reg on webuyanycar with the 1000 miles difference drops the valuation by £40... same on autotrader, different valuations but £40 different. Have sent them screenshots of this but theyre adamant 45p is the best they can do :/
Purchased a car on finance in August.
Had issues from 2 weeks in. Had it back 6 times for multiple repairs. All of which have come back
Exercised my Right to Reject with finance company (who said will investigate for 14 days) not happy with that ive gone to dealer.
Dealer has accepted the rejection and took the car back.
Ive covered 1440 miles since purchased, but weve agreed 440 has been back and forth for repairs.
So theyre quoting 1000 miles at 45p for fair usage.
I feel 45p is high as seen posts with people saying 15p or 20p before.
Also upon handing car back dealer is saying my £300 deposit isnt refundable as its been 5 months so its my Final right to Reject as opposed to Short Right to Reject. Also saying theyll be suprised if i get the 5 finance payments totalling £1200 back from finance company.
Surely by taking it back theyve admitted the car is unsatisfactory and the Consumer Rights Act Section 20 should apply?
(9)The consumer’s entitlement to receive a refund works as follows.
(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
(11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.
(12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.
(13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.
(14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.
(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.
(17)The trader must not impose any fee on the consumer in respect of the refund
^^^ am i right in thinking this applies
Also is 45p a mile fair considering ive had 6 unpaid days off work due to this vehicle for them to carry out repairs.
Any advice on how to proceed very much appreciated
Also wanna add, imputting the reg on webuyanycar with the 1000 miles difference drops the valuation by £40... same on autotrader, different valuations but £40 different. Have sent them screenshots of this but theyre adamant 45p is the best they can do :/
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