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Returning used car to dealer

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  • Returning used car to dealer

    Hi there,

    my daughter recently purchased a car from a dealer, over distance and without seeing it, via HP. She's now in the process of returning and unwinding the finance and getting her deposit back.

    They're being very unhelpful and pretty rude and going back on what was agreed over WhatsApp messenger, daughter has proof.

    She was offered optional customisations for an extra separate cost so opted for black alloys (£100 contribution) and tints (£120) On top of this she put £2000 down as a deposit.

    The car was delivered on July 20th 2024 and she reported issues on July 26th 2024. She was advised to take to a local garage for diagnosis, which she did.

    A few issues, can go into details if required, but finally decided to call it a day and the dealer arranged collection. They now have the car.

    Now, after quite a lot of stress and going back and forth, they've actioned the unwind but here's where it gets odd.

    They're no longer agreeing to refund the £2220 but instead now say she's lost the £220 for the customisations and now has to pay for them to be reversed and that money has to come out of her £2000 deposit. They want £250 to strip alloys and return black to silver and £120 to remove the tints.

    They also said that 'As a gesture of good will -dealer name- will waive its rights to charge for usage of the vehicle as per the terms and conditions.' I read somewhere that 'You are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.'

    Can anyone help, because it's looking like she's going to lose the optional customisation costs totalling £220 and then losing a further £370 to get them reverted back to original state, although I doubt that will ever happen as her customisations improve the look of the car. This would basically see her lose £590 from her original £2220.

    She's really upset, because now she has no car and will be short on the deposit money for another if they do this.

    Any help would be appreciated, thanks in advance.



    Tags: None

  • #2
    Under the Consumer Rights Act 2015 your daughter is entitled to reject the car. She reported serious faults to the dealer, the dealer arranged collection of the car, and confirmed your daughter's wish to reject the car was acceptable after they carried out an inspection.
    Under CRA 20 (10) your daughter is entitled to a full refund of the monies she has paid (including options-no deduction)
    CRA 20 (15) states the trader must pay the refund within 14 days after acceptance of rejection

    The finance company owns the car until the consumer has paid in full, so your daughter's claim is against the fc

    If she is unhappy with the fc's response she can make a complaint to the company and if this has no effect, refer her complaint to the Financial Ombudsman

    The CRA cannot be overridden by the dealer's own terms and conditions

    Comment


    • #3
      Hi there, thanks for the response.

      Unsurprisingly, the dealer is denying anything is wrong with the gearbox/clutch, the faults were found at a local garage when taken in for diagnostics under the instruction of the dealer. Basically, the car's been 'ragged' and the gearbox/ clutch is/ are on the way out. The other issues are minor in comparison.

      Are you saying that she should stop dealing with the car dealer and talk to the finance company instead?

      Comment


      • #4
        Yes
        That is one advantage of buying a car with finance. A court claim costs more and takes longer to trial than to receive the Ombudsman's decision (which is a free service)
        The FOS final decision is legally binding on the company but the consumer may reject the decision and still start a court claim

        Comment


        • #5
          OK, couple of questions.
          Should she contact the dealer and let them know that she's passing it onto the fc and will be pursuing rejection, or just let the fc handle it from now on?
          Does it matter if the dealer is saying the car is fine?

          Comment


          • #6
            To me "actioning unwind" is acceptance of rejection
            Keep the garage report you got about the gearbox and clutch for the fc
            Deal with the fc. They should keep the dealer in the loop

            Comment


            • #7
              Pezza54 She's now passed the garage info and quotes to the fc, they said they're waiting for the dealer now. They're a total waste of space, said they'd done so already.
              I'll post the outcome, thanks for the advice.

              Comment


              • #8
                Pezza54 She's just received this from the dealer. Just to confirm, she should ignore and let the fc handle this?
                Thanks in advance.
                Last edited by SMC; 15th August 2024, 11:45:AM.

                Comment


                • #9
                  Has your daughter paid any money to the finance company yet? If not when is the first payment due?
                  Are there any terms in the finance agreement about unsatisfactory goods, rejecting the vehicle?

                  Comment


                  • #10
                    Only paid to dealer:-

                    £2000 deposit for the car
                    £100 towards alloys that needed doing anyway
                    £120 for tints to rear and 2 rear side windows

                    First direct debit payment to finance company due September 2nd 2024

                    Comment


                    • #11
                      Haven't got access to agreement right now, it's with Blue Motor Finance if that helps.

                      Comment


                      • #12
                        Please read info at http://www.financial-ombudsman.org.u...ey/car-finance

                        The finance company should be given 8 weeks to deal with a complaint

                        The finance company normally buys the vehicle from the dealer.

                        Your daughter should make payments to the fc when they fall due

                        She should correspond with the fc

                        Comment

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