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rejecting a car

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baza52
baza52 Posts: 3,029 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
Exactly a week ago I bought a car from a dealer in my local town.
Needed a runaround as my last car had broke down for the last time.


When I looked at the car the dealer said it was in perfect shape and mechanically sound with no problems.


Day 2 I notice the abs light on, contact the dealer and he says he forgot to mention it.
Pointed out a few other problems but he said I would have to pay to get them fixed.


Few days later I get more warning lights on the dash (immobiliser and auto transmission)


I would like to do a chargeback and reject the car.
What is the procedure for doing this? It was wholly paid on a visa CC.
I have told the dealer I wanted to reject the car but he says I cannot do it and will not refund my money or fix the car.


Any advise?
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Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    baza52 wrote: »
    Exactly a week ago I bought a car from a dealer in my local town.
    Needed a runaround as my last car had broke down for the last time.


    When I looked at the car the dealer said it was in perfect shape and mechanically sound with no problems.


    Day 2 I notice the abs light on, contact the dealer and he says he forgot to mention it.
    Pointed out a few other problems but he said I would have to pay to get them fixed.


    Few days later I get more warning lights on the dash (immobiliser and auto transmission)


    I would like to do a chargeback and reject the car.
    What is the procedure for doing this? It was wholly paid on a visa CC.
    I have told the dealer I wanted to reject the car but he says I cannot do it and will not refund my money or fix the car.


    Any advise?
    You haven't said how much the car cost, but if the purchase price was over £100 then consider a Section 75 claim.

    If under £100 then a chargeback might be appropriate.
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    sorry, it was £995


    Thanks
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you notified the dealer of the faults so soon after purchase, you are legally entitled to reject the car and ask for a full refund.
    A chargeback might be the quickest option or you could pursue a "Section 75" claim.
    This is Section 75 of the consumer credit act and it makes the credit provider equally liable for any breach of contract.

    You should contact your card issuer and inform them of the problems you have been having and state that you wish for them to do a chargeback on your behalf. If they refuse, then ask them to send you the paperwork for a S75 claim.

    It might be advisable to send a letter to the dealer outlining the problems and giving them one last option to refund you and make sure that you keep a copy of this letter.

    If your card issuer asks for proof of the faults, taking the vehicle for an MOT might suffice as it will fail due to the ABS fault and the other faults will either be failures or show as advisories.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What are the faults? Have you had a mechanic diagnose the faults? The reason I ask is I once had engine management light come on. Thought it was something really bad/serious, turned out the light itself was just faulty. Garage even fixed it free of charge (just a garage, not the dealer).

    I'd ask your cc company to send out the paperwork and in the meantime, write the dealer a letter before action asking either for: 1) the cost to repair the vehicle elsewhere if the cost of repairs are reasonable proportionate wise to the price of the car 2) for him to repair the car or 3) for a full refund. What option you want to go with will likely depend on what the actual faults are.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Abs light on all the time except when it rains?
    Poor to start the engine, might take a few tries.
    Windows go up and down on their own (faulty switch)
    Squeak from front passenger wheel
    Central locking does not work all the time,
    Fuel light comes on randomly when plenty of petrol in it,
    Engine electronics/immobiliser warning light on dash comes and goes.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Having read your other thread, car isn't anywhere near what I'd consider satisfactory quality (assuming theres not something silly like 200k on the clock). Even had a quick look online and it seems its the going rate buying 03-05 plates from dealers with 70-100k on the clock.

    Your card company might try and tell you that you need to exhaust all avenues with the retailer first - if they do, remind them that they are jointly and severally liable. You don't even have to approach the retailer first (although in practice, its always advisable) never mind exhaust all avenues with them.

    Its an offence under the road traffic act to sell an unroadworthy car. And in the case of traders, its for them to prove that they took all reasonable steps to make the buyer aware the car wasn't fit for use on the roads. Not all faults will make a car unroadworthy - but the brakes are one of them I believe.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thanks Unholyangel, very usefull
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    Bet it's a Renault......
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    arcon5 wrote: »
    Bet it's a Renault......

    You lose...
    baza52 wrote: »
    its a 53 plate Astra if anyone's interested.
    :D
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