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

[I Cannon]

Who is responsible if there is a cost incurred to return the car?

I purchased the car on December 29th 2015
Car Broke Down December 31st 2015
Car has not started once in 2016.

...

Happy New Year! \o/

...
Sigh

Anyway, the dealer has agreed (verbally) to refund me for the car, as the fault has now been diagnosed (at my expense, I gather that I'm still liable for those costs regardless of the outcome.
I've requested this agreement in writing via email before I take any further action.

Issue is the dealer claims that it's on me to get the car back to him, and the car doesn't start.

The Dealer is located 75 miles from my home.

Is this accurate, or is he shirking his liability?

Is it only distance selling laws that require the seller to cover the return cost of defective items?

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

I find the above a little ambiguous due to the second in bold.

So, I'm currently stuck with a car that won't start, the cost of dealing with that, the cost of changing insured vehicles, the cost of a temporary warranty that didn't cover the fault...

This whole thing has been a buying a second hand car nightmare.

I paid for everything on my credit card, would it be viable to contact Barclaycard for them to resolve this, or is that not something that happens?


Also, I part exchanged my old car. Consumer Rights are again vague here as it if I have the right to request it back or not, or just the value I was given for it?

Assuming I can somehow get the car back to the dealer, if I was accompany it down there, I'm going to be stuck 75 miles from home with no practical way to get home.

Considering I feel I was under paid for the car, getting my old car back would at least go part way to recovering some of my losses throughout this fiasco (I accepted because being stuck with 2 cars 75 miles, the cost of dealing with that would be greater than the loss of value offered in exchange).

Any advice and clarification on my legal rights at this point would be greatly appreciated.

[des8]

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

Hi and welcome.
As the car doesn't run it is up to the dealer to arrange collection at his expense.
You should receive a full refund
You are entitled to the return of your traded in vehicle, but if that is no longer possible you should be given its value.

Write signed for to the dealer confirming the circumstances and advising him you are rejecting the vehicle.
He can come and collect it from xxx whenever it's convenient/agreed
You also require reimbursement of your costs.
refer to Consumer Rights Act 2015 and possibility of legal action

[Openlaw15]

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

Who is responsible if there is a cost incurred to return the car?

I purchased the car on December 29th 2015
Car Broke Down December 31st 2015
Car has not started once in 2016.

...

Happy New Year! \o/

...
Sigh

Anyway, the dealer has agreed (verbally) to refund me for the car, as the fault has now been diagnosed (at my expense, I gather that I'm still liable for those costs regardless of the outcome.


I've requested this agreement in writing via email before I take any further action.

Issue is the dealer claims that it's on me to get the car back to him, and the car doesn't start.

The Dealer is located 75 miles from my home.

Is this accurate, or is he shirking his liability?

Is it only distance selling laws that require the seller to cover the return cost of defective items?


I find the above a little ambiguous due to the second in bold.

So, I'm currently stuck with a car that won't start, the cost of dealing with that, the cost of changing insured vehicles, the cost of a temporary warranty that didn't cover the fault...

This whole thing has been a buying a second hand car nightmare.

I paid for everything on my credit card, would it be viable to contact Barclaycard for them to resolve this, or is that not something that happens?


Also, I part exchanged my old car. Consumer Rights are again vague here as it if I have the right to request it back or not, or just the value I was given for it?

Assuming I can somehow get the car back to the dealer, if I was accompany it down there, I'm going to be stuck 75 miles from home with no practical way to get home.

Considering I feel I was under paid for the car, getting my old car back would at least go part way to recovering some of my losses throughout this fiasco (I accepted because being stuck with 2 cars 75 miles, the cost of dealing with that would be greater than the loss of value offered in exchange).

Any advice and clarification on my legal rights at this point would be greatly appreciated.

Law SGA 1979: you only have to pay for investigations if the car is over 6 months. Seller should refund you for these costs.

[I Cannon]

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

Law SGA 1979: you only have to pay for investigations if the car is over 6 months. Seller should refund you for these costs.

If the sale of the car, or the car?

[des8]

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

I hope he means if you have had the car for over 6 months

and yes you could involve your credit card provider.

[I Cannon]

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

Thank you both for the advice, I've contacted the credit card company, as I think section 75 could be easier to resolve if the dealer is reluctant to pay their part.

[Openlaw15]

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

Thank you both for the advice, I've contacted the credit card company, as I think section 75 could be easier to resolve if the dealer is reluctant to pay their part.

The thing is if the credit card provider refuses it's something that the Ombudsman will investigate.

[R0b]

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

You should be covered reasonable expenses of returning the car I.e. Petrol money, s.75 would be your best route to go down first as the credit card co and dealer are jointly liable.

As you purchased the car within 30 days you have a right of rejection where there is a fault so you should be entitled to that back plus your cost of the car being diagnosed although you might just have to settle for the value of the car purchased.

[MENTION=77627]Openlaw15[/MENTION] FYI this car purchased 29 December this year. SGA doesn't apply to consumer rights post 1 October 2015 it was replaced by consumer rights act 2015.

[Openlaw15]

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

CA 2015 doesn't replace SGA 1979, SSGA 1982/ 1994 as it just amends the previous law. The Enterprise Act 2002 doesn't prejudice the Insolvency Act 1986 or the Trustee of Land and Appointment of Trustee Act doesn't prejudice the IA 1986 - the terms are just amended. I do not see CA 2015 being any different.

http://www.legislation.gov.uk/change...-number&page=3

[R0b]

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

The CRA repeals all legislation of the SGA and other legislation such as supply of goods and services in relation to consumer rights. The SGAisnow only applicable in B2B contracts post October 2015.

So as far as consumer rights goes, yes it does replace the SGA.

[Openlaw15]

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

The CRA repeals all legislation of the SGA and other legislation such as supply of goods and services in relation to consumer rights. The SGAisnow only applicable in B2B contracts post October 2015.

So as far as consumer rights goes, yes it does replace the SGA.

Repeal means the previous legislation is deleted. It would therefore require new Parliament Act. SGA et al are still on the statutory books. I thought you had studied law? End of conversation - if you had studied law you would at least know this.

[I Cannon]

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

I get the feeling that Barclaycard will not have any quick resolution to this, as after speaking on the phone with them it sounded like I would have to wait for them to post me out a claim form that I then need to fill in and send back.

As things stand I've had an email from the dealer saying:

Return the car for a refund of £2950

all cost incurred for return of vehicle and workshop costs before return will be entirely down to you

That refund is the full amount (including £200 for a non refundable warranty), and includes the part exchange value for my old car.

The auto electrician has the car, and says that he can get it started temporarily, his personal fee comes to £180 including VAT.

I'd then have the cost of the local garage for their part in this (including a key specialist they got out to check the key/immobiliser).

I also have no way of even getting to the auto electrician as they are about 8 miles away.

My reply to the dealers email was as follows:

The advice I've been given so far, reading over the laws in question and querying those more knowledgeable with how it works out in practice is that it is the dealers responsibility to collect the faulty goods.

The cost of diagnoses according to Law SGA 1979 means that you would be responsible for all diagnoses costs.


However, as I paid in full with the credit card, Section 75 covers me for any costs incurred as a result of a faulty product. This would be an easier route for me to resolve any disputes in the matter.


Furthermore the law also says I'm entitled to my old Clio back.


I just want to resolve this fairly. Returns and faulty products are factored into any business model, that's why the law is the way it is. I'm not trying to push this unfairly, I simply shouldn't be fronting the entirty of the expense due to the fault with the car, and the law is very clearly on my side.


I can risk driving the i30 back and hope that if it does break down then the AA cover I took out last week would cover the breakdown, but as the existing fault wasn't fixed, it would be risky at best (as they might refuse to provide cover on the grounds that it was not fixed). Should I chose this option I'd be expecting the clio back, or to be at least reimbursed the cost of travel to return home.


Alternatively, I can arrange for the car to be kept or moved somewhere that is convenient for you to collect it or make your own arrangements for it.


I'd prefer this to be resolved sooner, instead of dragging it out through a section 75 claim.

[Openlaw15]

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

I get the feeling that Barclaycard will not have any quick resolution to this, as after speaking on the phone with them it sounded like I would have to wait for them to post me out a claim form that I then need to fill in and send back.

As things stand I've had an email from the dealer saying:



That refund is the full amount (including £200 for a non refundable warranty), and includes the part exchange value for my old car.

The auto electrician has the car, and says that he can get it started temporarily, his personal fee comes to £180 including VAT.

I'd then have the cost of the local garage for their part in this (including a key specialist they got out to check the key/immobiliser).

I also have no way of even getting to the auto electrician as they are about 8 miles away.

My reply to the dealers email was as follows:

Look up a local LGV firm carrying cars...so how much they could do it for? How much is the Dealer's delivery charge, remember it's only one way and then you drive back, right? Claim for delivery charges.

[I Cannon]

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

Look up a local LGV firm carrying cars...so how much they could do it for? How much is the Dealer's delivery charge, remember it's only one way and then you drive back, right? Claim for delivery charges.

www.deliveryquotecompare.com came back with £150 to pick the car up and take it to the dealer.

Ideally I think I'd prefer the dealer to arrange that if that's what they want though, as shouldn't there be some paperwork as part of the exchange to hand over the car?

[Openlaw15]

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

www.deliveryquotecompare.com came back with £150 to pick the car up and take it to the dealer.

Ideally I think I'd prefer the dealer to arrange that if that's what they want though, as shouldn't there be some paperwork as part of the exchange to hand over the car?

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?