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Hi guys- I am hoping that someone on here can help me!
I purchased a vehicle from a well-known dealership chain (Sytner) on 4th February 2022, and exactly one week later (400-500 miles) later, I noted a ticking sound coming from the engine.
At this point, I stopped using the vehicle and informed the salesperson via email with a recording of the sound.
The salesperson acknowledged the sound was not appropriate to the car, and their mechanic advised the car would be needed back for further investigation, with no offer of a courtesy vehicle at this point.
I requested a full refund and advised rejection of the vehicle and was offered a courtesy and repair/investigation in return - to which I politely declined and wanted to get a full refund as I have lost faith in the car.
After multiple back and forth, the salesperson advised that they have the right to attempt to repair the car before a rejection can occur, to which I quoted their terms:
(d)....'' Goods are not as described or because of a fault that was present at the time Sytner delivered them to the Customer which caused the goods not to be of Satisfactory Quality or fit for purpose:
Up to 30 days - if the customer does not wish Sytner to repair or replace the goods, the customer is entitled to a refund.
The following response was provided:
The paragraph you have quoted that the goods are not described at the time you took delivery. No such fault was present during delivery of your vehicle. A video recording would need be a thorough enough diagnosis to identify any repairs that need carrying out. And subsequently have asked for the vehicle to be returned for inspection.
If you wish to reject your vehicle, you will need to return the vehicle to our site at your convenience.
It is once the vehicle is back we can unwind the deal
At this stage, I am anxious because I feel that they may just get the vehicle back and deny any fault also.
Finally, am I correct in believing that the law assumes that the fault was present at point of sale? And they should organise collection?
Any help would be appreciated.
FYI - Payment was via PCP with a deposit being paid via both Debit and Credit card - I have contacted the PCP provider already and logged a complaint.
I purchased a vehicle from a well-known dealership chain (Sytner) on 4th February 2022, and exactly one week later (400-500 miles) later, I noted a ticking sound coming from the engine.
At this point, I stopped using the vehicle and informed the salesperson via email with a recording of the sound.
The salesperson acknowledged the sound was not appropriate to the car, and their mechanic advised the car would be needed back for further investigation, with no offer of a courtesy vehicle at this point.
I requested a full refund and advised rejection of the vehicle and was offered a courtesy and repair/investigation in return - to which I politely declined and wanted to get a full refund as I have lost faith in the car.
After multiple back and forth, the salesperson advised that they have the right to attempt to repair the car before a rejection can occur, to which I quoted their terms:
(d)....'' Goods are not as described or because of a fault that was present at the time Sytner delivered them to the Customer which caused the goods not to be of Satisfactory Quality or fit for purpose:
Up to 30 days - if the customer does not wish Sytner to repair or replace the goods, the customer is entitled to a refund.
The following response was provided:
The paragraph you have quoted that the goods are not described at the time you took delivery. No such fault was present during delivery of your vehicle. A video recording would need be a thorough enough diagnosis to identify any repairs that need carrying out. And subsequently have asked for the vehicle to be returned for inspection.
If you wish to reject your vehicle, you will need to return the vehicle to our site at your convenience.
It is once the vehicle is back we can unwind the deal
At this stage, I am anxious because I feel that they may just get the vehicle back and deny any fault also.
Finally, am I correct in believing that the law assumes that the fault was present at point of sale? And they should organise collection?
Any help would be appreciated.
FYI - Payment was via PCP with a deposit being paid via both Debit and Credit card - I have contacted the PCP provider already and logged a complaint.
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