Getting a refund on a second hand car under Consumer Rights Act 2015

[I Cannon]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

Well you could inform the Dealer and say the charges are too much so a third party will be delivering the car. Can you fax/ post the relevant forms if there are any. It's only a receipt for the car you need, that this carrier has insurance. How much does the dealer want to deliver?

The dealers initial response was that any cost to return the car to them should be paid in full by me.

the old "it's not my problem."

They've yet to reply to my email.

Part of me just wants it over even at a loss at this point. It's just been an awful experience.

[R0b]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

The dealers initial response was that any cost to return the car to them should be paid in full by me.

the old "it's not my problem."

They've yet to reply to my email.

Part of me just wants it over even at a loss at this point. It's just been an awful experience.

You have an automatic right of rejection for the car as it is faulty and within 30 days, as the dealer has accepted to refund that is what he should do and this should be done within 14 days. You should also seek to recover costs for paying on the diagnostic as that should have been borne by the dealer. The dealer should either collect the vehicle or pay reasonable expenses of you to return it to him.

This is your recourse and if the dealer refuses to sort this out then your only other option is to go through the courts. Put the above in writing to him if you haven't done so already so you have a paper trail of what you have said to him should the need arise if you issue proceedings.

[des8]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

Ref the discussion about whether or not the CRA 2015 repeals earlier legislation, the explanatory notes attached to the act states:
24.The provisions in the existing legislation listed below which cover trader to consumer contracts only will be repealed. The provisions which relate to other types of contract (for example contracts between businesses) will remain in the existing legislation.
It then lists 7 acts.

[Openlaw15]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

Ref the discussion about whether or not the CRA 2015 repeals earlier legislation, the explanatory notes attached to the act states:
24.The provisions in the existing legislation listed below which cover trader to consumer contracts only will be repealed. The provisions which relate to other types of contract (for example contracts between businesses) will remain in the existing legislation.
It then lists 7 acts.

The new statute has just amended terms ie added or removed. This really is a pointless discussion...as the relevant previous statute/s and its citation is just as applicable - the CA 2015 has lots if of it in Schedules...which becomes confusing. Scheds usually deal with details - sections deal with the point.

[I Cannon]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

The dealer has just phoned me up, and refused to cover the cost of diagnoses, and continued to refuse to cover the cost of returning the car to him.

He's still offering a full refund on the car, if I deliver it to him.

At this point would it be worth it for me, to simply have a friend follow me down, get rid of the car, and get my refund. then continue to pursue section 75 claim via the credit card for all expenses incurred due to the fault?

He seems adamant to fight any effort I make to claim back those costs, claiming that it wasn't up to him to have that work done.

Yet the first time I spoke to him, I told him I wanted a refund, before the fault had been diagnosed. He refused then saying to wait and see what was wrong with it first and if the warranty would cover it. The warranty didn't and now we know what's wrong with it, and the fault was existing at point of purchase (mould doesn't grow inside an engine ECU in 2 days).



Really not sure what to do now.

[ostell]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

You could deliver it to him and get all your money back then start a claim in MCOL for the extra that it has cost you. Just don't sign anything that says in full and final settlement. Either find someone that can trail the car or, as you suggest, limp the car back to him.

It gets the car back to him, the money back in your pocket to get another car and eventually your costs in doing so.

[I Cannon]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

Just don't sign anything that says in full and final settlement

I'm pretty sure that's the first thing I'd have me do before refunding me. Because lets face it I'd have no options at that point. I'd be 2 hours from home, with a car that is unlikely to start back up again.

[R0b]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

What if you return the car and doesn't refund the amount to you? or partially? what are you going to do then? are you going to take the risk?

There are a number of options you can take but s75 is the first route. If it was me then I'd keep hold of the car and tell him his responsibility to collect or pay reasonable charges to delivering. If not you reserve the right to charge for retaining the car until is collected/delivered.

If you do decide to take it back to him, you might want to reside yourself to signing a full and final settlement agreement as that is what they could do.

The overall question is how much patience do you have in pursuing this.

[des8]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

If it was me I would write signed for, telling him where the car was and giving him 14 days to collect.
Advise him that if he refuses you are in the position of an involuntary bailee and can dispose of the vehicle at market price(auction?)
Torts (interference with Goods) Act 1977
You have to retain the proceeds for the owner for 6 years.
I would then commence a county court claim/ or follow a sec 75 claim for the all other costs
I would no longer faff about.

[I Cannon]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

At this point, I think I'll just pay to have the car returned to him (so that I can't be made to sign anything that would negate my rights to claim expenses incurred back).

I've managed to get in touch with someone who's willing to drive down and drop the car off for £100, even if I can't reclaim this back, at this point I think it would be worth it just to have rid of the car, get a refund and get my money back. It would be Tuesday at the earliest, so I've got some time to consider the options.

The inconvenience of everything else, especially if it goes to court just isn't worth the cost either.

I've emailed: http://www.motorcodes.co.uk/ and wondering if they can mediate a better resolution.

[I Cannon]

Re: Getting a refund on a second hand car under Consumer Rights Act 2015

So no further forward.

Arranged to have the car returned, so that I can at least get the refund and deal with the rest later. Informed the Dealer when the car would be delivered and got the following reply:

we will refund £2950 directly into your account as soon as the car arrives back at our premises.

Please note that this will be a final settlement between ourselves and the end of the transaction.

With adding "final settlement," I'm not sure I want to proceed in returning the car if it means I lose any recourse to claim back the costs incurred due to being sold a faulty product.

Would the wording of that email invalidate my right to make a claim via section 75?

On that note, I got the forms from Barclay's today to make a section 75 claim, and not a single part of it seems to cover being sold a faulty product that then incurred expenses due to that fault.

I just want rid of that car, so that I can cancel the insurance cover on it and focus on getting another car already.