Car dealers - how can i get my money back?

benjy7

i ___________

pcombo

She actually doesn't have any rights sorry to say, Even phoning consumer direct they will tell the same. By given cash. signing an agreement etc your agreeing to the purchase and terms provided by the garage.

somethingcorporate

pcombo wrote: »

She actually doesn't have any rights sorry to say, Even phoning consumer direct they will tell the same. By given cash. signing an agreement etc your agreeing to the purchase and terms provided by the garage.

What are you talking about???

The transaction is still protected by statute, the Sale Of Goods Act, which cannot be contracted out of in a consumer purchase.

OP, how was the car paid for? depending on the payment method may mean there is a quick way you can get the garage to sit up and listen via a s.75 chargeback.

Alternatively, you need to issue them with a letter before action and then pursue them through the courts (not difficult to do) if they still do not comply.

If you can give a little more information then the experts on the forum can instruct you on the best way forward.

pcombo

Ok you can use that but would need to go to court etc to enforce it. And that might involve more money.

somethingcorporate

pcombo wrote: »

Ok you can use that but would need to go to court etc to enforce it. And that might involve more money.

<£50 to issue a claim which can be added to the amount if the OP is successful.

Well worth it for a couple of grand.

If it's under section 75 then no claim costs.

benjy7

Thank you for your help - the car was paid for with cash and a traded in car. £1,000 cash and the rest for her old car.

TonyMMM

pcombo wrote: »

She actually doesn't have any rights sorry to say, Even phoning consumer direct they will tell the same. By given cash. signing an agreement etc your agreeing to the purchase and terms provided by the garage.

Complete rubbish ...

You have lots of rights under the Sale of Goods Act - read up here

Don't bother spending hours negotiating with the dealer - wasting your own time.

also... cars in that price range will almost always have come from an auction or as a part exchange,

somethingcorporate

benjy7 wrote: »

Thank you for your help - the car was paid for with cash and a traded in car. £1,000 cash and the rest for her old car.

Then you need to write a letter before action (use the search facility to find a good template on the site) giving them 14 days to return your money & car or you will be pursuing it through the courts.

Send this special delivery for (so you have proof they received it) and if they do not comply within the time frame it is time for action! Put a claim in on:

https://www.moneyclaim.gov.uk/web/mcol/welcome

Good luck.

NeverInDebt

True but I also have to say if you loose you have to pay the defendant costs which amount to the cost you paid to the court

somethingcorporate wrote: »

<£50 to issue a claim which can be added to the amount if the OP is successful.

Well worth it for a couple of grand.

If it's under section 75 then no claim costs.

funkycoldribena

pcombo wrote: »

She actually doesn't have any rights sorry to say, Even phoning consumer direct they will tell the same. By given cash. signing an agreement etc your agreeing to the purchase and terms provided by the garage.

Why would you even post this garbage?
Just wrong on every account.

sarahg1969

If he is refusing to return the vehicle, she should report it stolen. And she should not take no for an answer from the police - it is not a civil matter. Thereafter, she can pursue the dealer through the county court for the money.