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    • Celtic452
    • By Celtic452 20th Apr 17, 7:08 PM
    • 5Posts
    • 0Thanks
    Celtic452
    Returning a used car within 30 days - Long distance.
    • #1
    • 20th Apr 17, 7:08 PM
    Returning a used car within 30 days - Long distance. 20th Apr 17 at 7:08 PM
    Hi All,


    Hoping someone can offer some advice. I paid 18k for a 3 year old car just under two weeks ago from a dealer. I had to travel quite a distance (about 3.5 hours) to view and collect the car. Over the course of a couple of days after collecting the car (including the day driving it back) I noticed a vibration at 70mph. It seems to be there at lower speeds too but you could easily mistake it for an uneven road surface, especially when you are in an unfamiliar new car. At first I wasn't sure if it was just me but after considering other peoples opinions I decided it wasn't normal and notified the dealer (this was the 4th day after collecting the car). They advised it was probably just a wheel not balanced properly since they had fitted 3 new tyres before collection so I had it checked out at a local tyre garage. They checked the tracking, all fine, went to check the wheels for balancing - both driver side alloys are buckled, the rear being described as "quite bad" by the garage. I've also taken it to a wheel repair specialist and they have advised new alloys instead of trying to repair them.


    I've notified the dealership where I originally purchased the car and they are dragging their feet, implying that I've buckled the alloys as the company that fitted and balanced the tyres a few days before I collected didn't report that they were buckled. Whilst the car was up on the ramps at the tyre garage I used they also spotted a gearbox oil leak and another oil leak coming from the sump. I've also noticed there's some kind of noise coming from the wheel or steering rack when turning it at low speeds, a metallic creaking noise (keep in mind this car has a variable speed rack). The dealer is aware of these other issues too but hasn't responded yet.


    The car is a performance BMW but I purchased it from a non BMW dealership. I'm probably going to get my local BMW dealership to carry out a vehicle check for me and depending on what comes back, I may reject the car since we are only at less than 14 days ( understand there's a 30 day limit initially).


    My main question is this - assuming I have good grounds to reject the vehicle (unless they allow my local BMW to rectify any issues found, including replacing the buckled alloys) What is the legal standpoint on actually returning the car? Would I need to drive it all the way back to the dealership (3.5 hours) or can I just leave it on my driveway here and cancel the insurance / declare sorn? I've been using the vehicle on a daily basis (the dealership haven't advised me not to) and have put around 80 miles a day on it with my commute. Is my understanding correct that the dealer can't charge me anything for use if its less than 30 days?
Page 1
    • AndyMc.....
    • By AndyMc..... 20th Apr 17, 7:10 PM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    • #2
    • 20th Apr 17, 7:10 PM
    • #2
    • 20th Apr 17, 7:10 PM
    It's not the dealers problem you're 3.5 hours away.
    • Tarambor
    • By Tarambor 21st Apr 17, 5:59 PM
    • 1,145 Posts
    • 787 Thanks
    Tarambor
    • #3
    • 21st Apr 17, 5:59 PM
    • #3
    • 21st Apr 17, 5:59 PM

    My main question is this - assuming I have good grounds to reject the vehicle (unless they allow my local BMW to rectify any issues found, including replacing the buckled alloys) What is the legal standpoint on actually returning the car? Would I need to drive it all the way back to the dealership (3.5 hours) or can I just leave it on my driveway here and cancel the insurance / declare sorn? I've been using the vehicle on a daily basis (the dealership haven't advised me not to) and have put around 80 miles a day on it with my commute. Is my understanding correct that the dealer can't charge me anything for use if its less than 30 days?
    Originally posted by Celtic452
    You have to return the car and take it back to the dealership or pay for someone to transport it there. You can by all means leave it on your driveway, sorn it and cancel the insurance but you're not going to get your money back as they have no legal requirement to pick it up.

    Quite surprised you need advice not to drive a car with badly buckled wheels 80 miles a day but I guess it takes all sorts....

    Oil leaks come with used performance cars, they're just one of those things. Personally I'd have just got the dealer to supply some replacement wheels.
    • facade
    • By facade 21st Apr 17, 6:11 PM
    • 2,831 Posts
    • 1,434 Thanks
    facade
    • #4
    • 21st Apr 17, 6:11 PM
    • #4
    • 21st Apr 17, 6:11 PM
    Stuart30/Sausage_Roll reckons that the dealer has to collect his rejected car, and quotes this link: http://www.lawgistics.co.uk/read-news/871

    News to most of us....
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • stuart30
    • By stuart30 21st Apr 17, 9:33 PM
    • 495 Posts
    • 218 Thanks
    stuart30
    • #5
    • 21st Apr 17, 9:33 PM
    • #5
    • 21st Apr 17, 9:33 PM
    Stuart30/Sausage_Roll reckons that the dealer has to collect his rejected car, and quotes this link: http://www.lawgistics.co.uk/read-news/871

    News to most of us....
    Originally posted by facade
    Ive posted quite clearly that a dealer is liable and even linked to both websites that state quite clearly.#

    However that cannot be possible as i reckon its true and you dont believe it.

    Gotta love this forum.

    Have a good read OP.

    http://www.thecarexpert.co.uk/new-laws-give-car-buyers-extra-protection/

    MoneySavingExpert.com Insert:

    Car Expert has asked to clarify that it has a more up-to-date guide here:

    http://www.thecarexpert.co.uk/rejecting-a-car/
    Last edited by MSE Andrea; 14-08-2017 at 9:59 AM.
    • facade
    • By facade 21st Apr 17, 10:09 PM
    • 2,831 Posts
    • 1,434 Thanks
    facade
    • #6
    • 21st Apr 17, 10:09 PM
    • #6
    • 21st Apr 17, 10:09 PM
    However that cannot be possible as i reckon its true and you dont believe it.
    Originally posted by stuart30
    Never said it wasn't true.
    Never said I don't believe you.

    You will be the first person ever to come here and tell us that you got a rejected car collected at great distance with no cost though.

    BTW:

    Did you spot the advice on your link I quoted that motor traders should insert a clause in their terms of sale specifically stating that the return of the car is the responsibility of the customer?
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Herzlos
    • By Herzlos 25th Apr 17, 8:55 PM
    • 5,629 Posts
    • 5,096 Thanks
    Herzlos
    • #7
    • 25th Apr 17, 8:55 PM
    • #7
    • 25th Apr 17, 8:55 PM
    Were none of these issues apparent during the presumably lengthy inspection you carried out before spending £18k on a 3 year old car, after a 3.5 hour drive to collect it?

    Did you hit anything on the way home?
    • wgl2014
    • By wgl2014 26th Apr 17, 8:48 AM
    • 269 Posts
    • 144 Thanks
    wgl2014
    • #8
    • 26th Apr 17, 8:48 AM
    • #8
    • 26th Apr 17, 8:48 AM
    I would be taking the interpretation of the law by 3rd party websites with a pinch of salt.

    Legislation states:

    " consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed"

    And goes on to say:

    "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"

    Where does that say specifically that the trader must collect the car?
    • DoaM
    • By DoaM 26th Apr 17, 8:54 AM
    • 3,167 Posts
    • 3,209 Thanks
    DoaM
    • #9
    • 26th Apr 17, 8:54 AM
    • #9
    • 26th Apr 17, 8:54 AM
    And goes on to say:

    "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"
    Originally posted by wgl2014
    If the seller didn't deliver the goods then I don't believe they're liable to collect them. That's how I interpret the above quote.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • davidwood123
    • By davidwood123 26th Apr 17, 9:58 AM
    • 450 Posts
    • 1,124 Thanks
    davidwood123
    Just a thought. With these new (ish) regulations what protection would a dealer have if a customer ( not saying the OP ) abused the vehicle, damaging the wheels and just wanted to return it?
    • wgl2014
    • By wgl2014 26th Apr 17, 3:55 PM
    • 269 Posts
    • 144 Thanks
    wgl2014
    They refuse a refund and it goes to court.
    • rtho782
    • By rtho782 27th Apr 17, 8:03 AM
    • 978 Posts
    • 679 Thanks
    rtho782
    Never said it wasn't true.
    Never said I don't believe you.

    You will be the first person ever to come here and tell us that you got a rejected car collected at great distance with no cost though.

    BTW:

    Did you spot the advice on your link I quoted that motor traders should insert a clause in their terms of sale specifically stating that the return of the car is the responsibility of the customer?
    Originally posted by facade
    Not really.

    My OH bought a 9 year old 207 from a garage about 70 miles away last year. It turned out very similar to this one - lots of wobbling, the steering seemed to "seek" etc.

    Alloys were buckled, one had been "repaired" with chemical metal. Garage tried to weasel out of it on the basis that they had MOTed it before they delivered it. We'd done less miles since MOT/purchase than they had driving it down for delivery.

    We did a section 75 claim as they refused to allow us to reject. They then said they would take the car back but we had to pay £250 for collection and they wouldn't refund the card processing fee.

    This was going to take ages, so we then reported the MOT tester to DVSA as we didn't think it should ever have passed.

    Suddenly (as they have to notify the original tester so they can attend the retest) they were willing to refund, collect it on a loader at their cost, and even refund the credit card processing fee.

    Perhaps the key here is that they delivered it, so were liable to collect it.
    Last edited by rtho782; 27-04-2017 at 8:07 AM.
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    • Herzlos
    • By Herzlos 28th Apr 17, 11:21 AM
    • 5,629 Posts
    • 5,096 Thanks
    Herzlos
    If the seller didn't deliver the goods then I don't believe they're liable to collect them. That's how I interpret the above quote.
    Originally posted by DoaM
    Exactly, the seller is obliged to cover the return from where you collected the car. If that's their forecourt, that's where you need to take it back. If they delivered it to your driveway, they'd collect it from there.
    • Mercdriver
    • By Mercdriver 10th Aug 17, 1:21 PM
    • 1,355 Posts
    • 896 Thanks
    Mercdriver
    I call Spam. This thread has been dormant a while and then you 'helpfully' list your own website.
    Last edited by Mercdriver; 11-08-2017 at 1:34 AM.
    • neilmcl
    • By neilmcl 10th Aug 17, 1:33 PM
    • 9,979 Posts
    • 6,974 Thanks
    neilmcl
    POST REMOVED
    Originally posted by disco.stu
    I think it's best you seek permission from the admin team to post in your official capacity.
    Last edited by MSE ForumTeam1; 10-08-2017 at 7:50 PM.
    • Herzlos
    • By Herzlos 10th Aug 17, 1:46 PM
    • 5,629 Posts
    • 5,096 Thanks
    Herzlos
    Can't you just remove the out-of-date article and redirect to the new one? Then you'd catch anyone trying to access the old article
    • Quentin
    • By Quentin 10th Aug 17, 9:26 PM
    • 32,728 Posts
    • 16,745 Thanks
    Quentin
    I call Spam. This thread has been dormant a while and then you 'helpfully' list your own website.
    Originally posted by Mercdriver
    Trouble is by you quoting his post his spam remains!
    • Mercdriver
    • By Mercdriver 11th Aug 17, 1:34 AM
    • 1,355 Posts
    • 896 Thanks
    Mercdriver
    Trouble is by you quoting his post his spam remains!
    Originally posted by Quentin
    What quote? No qoute there...
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