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Returning a car to a private dealer after 2 days? Help!

pault123
pault123 Posts: 1,111 Forumite
Part of the Furniture 500 Posts Combo Breaker
Bought a car on Monday for £6000, everything was fine on the test drive, full service history, couldnt find anything wrong with it.

Tonight on the motorway @ 70mph the engine warning light flashed, then stayed on and wouldnt go off until I slowed down, no power from the gas pedal to get back up to speed either.

After owning the car for 2 days my immediate reaction is to get my money back and return it.

On autotrader the dealer advertised a 3 month warranty and free 7 day insurance with the car.

What are my rights on returning for a full refund.

I feel sick :(:(
«13

Comments

  • fto
    fto Posts: 588 Forumite
    A fault can happen on any car,even a new one...
    Contact the Dealer & ask him to repair the car.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Agree with the above. Contact the dealer first thing tomorrow and ask him when he can sort it out. Don't let him fob you off with the warranty... that is merely an extension of your statutory rights. It is the seller's responsibility to sort it. If they want to use the warranty then that's fine.

    Come back and let us know what happens.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • pault123
    pault123 Posts: 1,111 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/

    i've just found this and want to ask for my money back in full.

    The last time I had an engine warning light on my VW a few years ago, 10 minutes later the conrod shot through the block and the engine blew up!

    Am I within my rights to ask for a refund, i've only had it for one full day
  • waynedance
    waynedance Posts: 673 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Speak to dealer and give him a chance to sort it, do not be so quick to ask for money back straight away.

    The engine light could be something of nothing, the engine is not going to blow up.

    Have you spoken to the seller or just come on here 1st? Come here if you have problems after you have asked them to fix.
    Google gives you answers use it.........
  • Indout96
    Indout96 Posts: 2,373 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    What sort of car is it (and milage) if it is an ex company lease car they are normally sold on just as these sort of things happen but you have to remember that you are buying at a discounted price.

    My Passat (58 plate 2.0TDI 81,000 miles) did this a week after I bought it for £7k (VW garage were looking at£10K for same car with 68,000 miles)
    Turned out to be turbo actuator (£200 fitted) but I'm still quids in and the car has been fine ever since. I had my normal garage do the repair rather than take it back as I trust them to tell me if anything else was looking dodgy.
    At least let them look at it before you demand money back.
    Totally Debt Free & Mortgage Free Semi retired and happy
  • jwruk
    jwruk Posts: 205 Forumite
    pault123 wrote: »

    In answer to the question above, no. You cannot just ask for your money back, you have to give them a chance to fix the issue first.

    BTW - there's no such thing as a 'private dealer'. You either purchased of a private seller (a non-trading individual) or you purchased from a dealer.
  • jaydeeuk1
    jaydeeuk1 Posts: 7,714 Forumite
    Debt-free and Proud!
    jwruk wrote: »
    In answer to the question above, no. You cannot just ask for your money back, you have to give them a chance to fix the issue first.

    Why do people keep saying this???? I'm almost starting to believe it myself....
  • muckybutt
    muckybutt Posts: 3,761 Forumite
    Part of the Furniture Combo Breaker
    jaydeeuk1 wrote: »
    Why do people keep saying this???? I'm almost starting to believe it myself....

    Circumstances when customers do have a legal right to a refund, repair or replacement


    Customers do have a legal right to a refund, repair or replacement if an item they purchased
    • does not match the description.
    • is not of satisfactory quality.
    • is not fit for purpose .
    Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty.


    Requesting a refund

    If a customer wishes to reject or not accept faulty goods, you are entitled to ask the customer to prove the goods were faulty when they bought them from you. If they are able to do this, they are entitled to a full refund.

    Requesting a repair or replacement

    If a customer has accepted the goods and is requesting a repair or replacement because the goods are faulty, the onus on who is required to prove the problem depends on how long ago they purchased the item.

    Under six months - the customer does not have to prove the item was faulty when they bought it from you. If you disagree it is up to you, the retailer, to prove the item did conform to contract (or that the fault did not exist) at the time of sale.

    Over six months - you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.


    From SOGA hub
    You may click thanks if you found my advice useful
  • i would say 2 days is not an acceptance of the vehicle.

    so under soga you could return the vehicle, and ask for your money back.
  • motorguy
    motorguy Posts: 22,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    muckybutt wrote: »
    Circumstances when customers do have a legal right to a refund, repair or replacement


    Customers do have a legal right to a refund, repair or replacement if an item they purchased
    • does not match the description.
    • is not of satisfactory quality.
    • is not fit for purpose .
    Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty.


    Requesting a refund

    If a customer wishes to reject or not accept faulty goods, you are entitled to ask the customer to prove the goods were faulty when they bought them from you. If they are able to do this, they are entitled to a full refund.

    Requesting a repair or replacement

    If a customer has accepted the goods and is requesting a repair or replacement because the goods are faulty, the onus on who is required to prove the problem depends on how long ago they purchased the item.

    Under six months - the customer does not have to prove the item was faulty when they bought it from you. If you disagree it is up to you, the retailer, to prove the item did conform to contract (or that the fault did not exist) at the time of sale.

    Over six months - you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.


    From SOGA hub

    Isnt it great when people read a little bit of the SOGA and deem themselves experts? :eek:

    As Attrix has pointed out, the car would be returned under non acceptance of the goods. You can do this up to several weeks after you've bought the car. Is 'should' just be a matter of returned the car and saying i bought this car, i am not happy with it, therefore i dont accept it and want my money back.
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