When is a 'new' car not new?

Inch_High_2

jaydeeuk1 wrote: »

This could affect your insurance payout if you smashed it up. When I bought my car, I was told in the event of a write off I would receive a brand new replacement as I was first owner/keeper by hastings. If I was the 2nd keeper or once it reached a year old, I would receive market value. Suppose thats what GAP insurance is for.

Good point, let's hope it don't come to that.

JimmyTheWig

OP, you are not legally entitled to a full refund.
You may be able to argue your corner that you should be allowed to return it as it was not as described. But they do not have to give you the full purchase price back. They are allowed to make deductions for the use that you have had out of the car.
We all know how quickly cars depreciate once driven off the forecourt. I suspect that if you do win your argument that you have the right to return the car they will get away with making a whacking great deduction. At which point it's probably worth you keeping it (unless there's other reasons for returning it that you haven't mentioned).

Which means, from a legal point of view, that you're stuffed. Because that's the position they can fall back on.
Your best chance of getting anything out of this is to be nice and appeal to their goodwill. If they see you as a valuable customer who will tell friends and family about the way you were treated so well by this broker then they may offer you something to make up for the confusion. I suspect that this horse has already bolted, but you may still want to try.

motorguy

neilmcl wrote: »

But you can guarantee any dealer and private buyer will use the fact to knock the price down when buying/trading in.

Or a stone chip, or a slightly worn tyre, or slightly too high miles, or , or, or.

Unless its some sort of exotica, it isnt going to matter. To say, for example a 3 year old focus is worth £££'s less because it was a pre reg is just plain silly. If anyone tried that on me i'd either laugh at them or be leaving based on the fact they were clueless or trying it on.

napoleon1769

JimmyTheWig wrote: »

OP, you are not legally entitled to a full refund.
You may be able to argue your corner that you should be allowed to return it as it was not as described. But they do not have to give you the full purchase price back. They are allowed to make deductions for the use that you have had out of the car.
We all know how quickly cars depreciate once driven off the forecourt. I suspect that if you do win your argument that you have the right to return the car they will get away with making a whacking great deduction. At which point it's probably worth you keeping it (unless there's other reasons for returning it that you haven't mentioned).

Could I not return the car under the Distance Selling Regulations, rather than the Sale of Goods Act? The car was sold entirely at a distance and I was not provided with my rights of cancellation within a durable means, so could I return it within three months and seven days of delivery?

JimmyTheWig wrote: »

Which means, from a legal point of view, that you're stuffed. Because that's the position they can fall back on.
Your best chance of getting anything out of this is to be nice and appeal to their goodwill. If they see you as a valuable customer who will tell friends and family about the way you were treated so well by this broker then they may offer you something to make up for the confusion. I suspect that this horse has already bolted, but you may still want to try.

I have asked them nicely if they could help me to resolve it. I have even dropped hints that my parents and colleagues are currently looking to buy new cars, but they have made it clear that they do not wish to assist unfortunately.

motorguy

JimmyTheWig wrote: »

OP, you are not legally entitled to a full refund.
You may be able to argue your corner that you should be allowed to return it as it was not as described. But they do not have to give you the full purchase price back. They are allowed to make deductions for the use that you have had out of the car.
We all know how quickly cars depreciate once driven off the forecourt. I suspect that if you do win your argument that you have the right to return the car they will get away with making a whacking great deduction. At which point it's probably worth you keeping it (unless there's other reasons for returning it that you haven't mentioned).

Which means, from a legal point of view, that you're stuffed. Because that's the position they can fall back on.
Your best chance of getting anything out of this is to be nice and appeal to their goodwill. If they see you as a valuable customer who will tell friends and family about the way you were treated so well by this broker then they may offer you something to make up for the confusion. I suspect that this horse has already bolted, but you may still want to try.

+1

A fair summary of the situation.

Realistically for all peoples arguing and postulating there is probably little the O/P can do - hence why i'd be chalking it up to experience rather than letting it taint my enjoyment of my new P&J

napoleon1769

If you are interested, these are the Terms and Conditions which I agreed to. I signed the bottom of the document, scanned it and returned it by email.

s30.postimg.org/g9a6qev9t/Terms.png

I have only just noticed how shocking those Terms and Conditions are. The company have even forgotten to fill in their company name in several sections!

(I'm a newbie, so I can't post links sorry)

motorguy

napoleon1769 wrote: »

Could I not return the car under the Distance Selling Regulations, rather than the Sale of Goods Act?

Again, not by any means a sure thing.

And ultimately it would rely on you handing the car back, then "hoping" at some point they send you a cheque for the purchase price.

http://www.which.co.uk/cars/choosing-a-car/buying-a-car/buying-cheap-cars-online/your-rights-when-buying-cars-online/

napoleon1769

motorguy wrote: »

Again, not by any means a sure thing.

And ultimately it would rely on you handing the car back, then "hoping" at some point they send you a cheque for the purchase price.

I was under the impression that the refund and return were two mutually exclusive events? I thought the retailer had to refund the money within 30 days of receiving my notice of cancellation and that they could not insist that the goods were returned before providing a refund. Also, since the contract does not state otherwise, I was under the impression that they were liable for the cost of returning the vehicle.

It's all good in principle, but I guess enforcing it is a different matter...

Joe_Horner

nobbysn*ts wrote: »

Maybe to a dealer, such as yourself, you would call a car with one previous owner new to the second owner, not all would agree. New implies it isn't pre owned to most of us.

Two small problems there if he went to court:

(a) All cars are owned by someone before you buy them - they don't just float around in the wilderness as free spirits belonging to no-one.

(b) As the V5 makes very clear, the registered keeper is not automatically the owner. So the car can be bought, paid for and owned by the OP from the moment it leaves the factory, but still registered in the dealer's name because they're currently in possession of it.

In either case, the OP bought, and received a "new" car by any sensible definition of the word.

Inch_High_2

motorguy wrote: »

Or a stone chip, or a slightly worn tyre, or slightly too high miles, or , or, or.

Unless its some sort of exotica, it isnt going to matter. To say, for example a 3 year old focus is worth £££'s less because it was a pre reg is just plain silly. If anyone tried that on me i'd either laugh at them or be leaving based on the fact they were clueless or trying it on.

I agree, it would also depend on how long he planned to keep it.