• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Trouble returning faulty car to dealer

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Trouble returning faulty car to dealer

    Hello all,

    I'm going to try and keep this as short as possible, but basically I've ended up in a situation where I've had to pay £600 for a car to be returned back to a dealer after it broke down twice in less than 500 miles and I want to claim this back.

    Car was £21000

    Rejection reason is not fit for purpose (keeps breaking down + multiple issues after 1st repair)

    After I had already paid for the car by bank transfer and was sat in the dealers office, I asked about the warranty offered and It was explained to me verbally that if the car needed to be repaired I would either;

    A) return the car to the dealership 350+ miles away for repair
    B) take the car to a local independent for repair

    Obviously due to distance it makes sense for repairs to be carried out closer to home. It should be noted at this point, I didn't sign any paper work or receive anything else related to the warranty and I certainly didn't ask any questions about if I was to reject the car or want a refund.

    Rough timeline.

    1. After roughly 100 miles I notice the car oil level drops from 75% to 25% on the electronic indicator, immediately I called the dealer who said they didn't check the oil level before the sale, to top it up and call them after the weekend if I noticed an issue. Alarm bells started ringing at this point.
    2. Drove home a further 250 miles, car breaks down on day two of ownership 3 miles later, straight into limp mode and needs recovered from my house.
    3. I pay to have the car transported for repair (£150) , repair is carried out by independent and inspection notes that there are other issues (reoccurring misfires) logged historically
    4. Dealer pays for the labour and parts = car is running again
    5. 100 miles later, check engine lights and car is running rough. Scanned it and found evidence of the same historic misfire plus a few more sensors broken. Not only that but somehow I've used 1L of Oil in 400 miles of driving, which is excessive and indicative of bigger problems.
    6. I let the dealership know I wanted to reject the car under the consumer rights act (short term 30 days) and explained that I want them to collect the car as it's undriveable
    7. dealer counters and said that it's not their responsibility and they explained that if there is any issue with the car it would need to be returned to them at my cost. They referred to the conversation we had after the sale had been made whilst I was in the office. This conversation was initiated by myself, when I was talking about warranty repairs and not regarding a potential rejection of the vehicle.

    I had to send a letter before action to get some type of response to my emails as the phone calls were going no where.

    After doing some reading : https://www.businesscompanion.info/f...s-act-2015-cra

    I found the following

    9.18
    In the event of rejection, the consumer must receive a refund without undue delay, and in any event within 14 days of the trader agreeing that the consumer is entitled to a refund. In such cases, if you want the consumer to return the vehicle to where they took possession of it (for example, at your premises), you must make this requirement part of the contract and notify the consumer clearly prior to purchase. Otherwise, the consumer only has to make the vehicle available for collection by you, regardless of where they live. Note too, that even where the return location of the car is part of the contract, the consumer may be able to claim reasonable expenses (such as employing a recovery service for a broken down vehicle) if they are obliged to return the car to a different location from where they originally took possession.
    How likely am I to recover the transportation cost from this dealership? I've been advised by Citizens Advice to return the car and then ask to be re-imbursed for the cost of transporting the car. However, this dealer has stated multiple times that he doesn't need to. I fully intend on taking this dealership to court, but I want some opinions on whether or not my complaint is valid.

    Thank you! (that was as short as I could make it)
    Tags: None

  • #2
    Are you saying you have already paid £600 to have the car transported back to the dealer?
    CRA states rejected goods should be made available for collection.
    If you haven't returned the car and the dealer refuses to pick it up, you should pay to transport it and then add it to your claim or make a separate claim for £600.

    Comment


    • #3
      Yeah, I made the vehicle available for collection but they told me in 3 phone calls and 1 email that they would not be collecting the car.

      I've decided to pay to transport it to the dealership, but I will go ahead with the claim as I believe it is a breach of the CRA. I clearly stated that I was rejecting the car when it broke down again after the 1st repair. The dealer is implying that this is sometype of warranty return/repair to escape the responsibility of recovering the car in my eyes.

      Comment


      • #4
        Has the dealer agreed to refund your £21K you paid for the car?

        Comment


        • #5
          Pending the car being delivered back to them, yes.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X