Faulty used car - refund

oceanscape

Hi all,

I purchased a used car from an online dealer. They offered a 7-day no-questions-asked money back guarantee.

The car had numerous issues and I took it to a garage who found many serious faults. I called the dealer to say I wanted a refund or the money for the repairs. No problem - they said they will refund me.

BUT they want me to drive the car back to them - 400 miles away.

Are they allowed to require this? The car was originally delivered to me, if that makes any difference.

Thanks!

Hintza

Yes; you chose to buy a car 400 miles away. What are the issues?

oceanscape

Hintza wrote: »

Yes; you chose to buy a car 400 miles away.

They delivered it to me, though, so it made no difference where it came from.

gordikin

oceanscape wrote: »

They delivered it to me, though, so it made no difference where it came from.

It does now!

oceanscape

Perhaps I am interpreting the law wrong but I was under the impression that goods which arrive damaged and not fit for purpose can be rejected, rescinding the contract of sale. This means I must be put back into the position I was in as if the contract never existed - i.e. I need a refund of the cost involved in me driving the car 400 miles back to their location. No?

If the item is faulty, the company must cover the cost of me returning the car. Doesn't the law state that I must not be put to any additional expense?

Hintza

You have bought a second hand car without inspecting it?

You have rejected it and they have agreed to refund, you just have to get the car to them.

neilmcl

Hintza wrote: »

You have bought a second hand car without inspecting it?

You have rejected it and they have agreed to refund, you just have to get the car to them.

Used car or not, the OP should have the same rights as any product under the SOGA, in that if it's faulty then the retailer should cover ALL costs in providing the relevent remedy.

Hintza

Well I guess the OP can certainly ask them to collect it. What happens when they say no?

It is all very well quoting SOGA etc but that could be a lot of time, hassle and expense.

oceanscape

neilmcl wrote: »

Used car or not, the OP should have the same rights as any product under the SOGA, in that if it's faulty then the retailer should cover ALL costs in providing the relevent remedy.

Thanks. I just spoke with a solicitor friend and she confirmed the same. I'll tell them that I don't mind delivering it back, but will want reimbursing for my time and fuel costs.