Found Fault cover up after owning car 2 days

m0bov

Well, less chance for the dealer to maneuver.

davetrousers

m0bov wrote: »

Well, less chance for the dealer to maneuver.

manoeuvre

Please set your spell check to English

70sthrowback

Its a fair point and definitely a consideration depending on the individual case so for others reading this its worth bearing in mind.

I have just spoken to CAB to confirm as I was concerned I hadn't followed the correct procedure. They have said that formally rejecting in writing and not driving the car is sufficient to be seen as not accepting the goods, but as always it's down to how the judge sees it.

In my case the dealer never once offered to refund on viewing it, he moved from you're getting nothing to a case of we will repair it to the law once he realised I was serious.

On top of that I have an independent car report which backs up my stance and I have offered him the chance to view the car. I haven't said he can't see it. Only I will not drive it due to safety and insurance reasons.

As suggested I could have paid for the car to be transported, but as at no point has the dealer suggested he would refund if on inspection it confirmed what I was telling him, so it "shouldnt" count against me. I guess we will see.

Ozzuk

If it was me I'd have it transported back to the dealer, last thing you need is the car being stolen for instance, or damaged further.

Tilt

Ozzuk wrote: »

If it was me I'd have it transported back to the dealer, last thing you need is the car being stolen for instance, or damaged further.

As long as the OP has notified the seller formally that he is rejecting the car and after following the previous attempts to get the seller to rectify, this would no longer be the OP's problem.

70sthrowback

The car is secure, so no concerns there. my issue around insurance is more about if I was involved in an accident driving it there. I would personally be liable if the insurance company decided not to pay out based on an abs fault for example.

shaun_from_Africa

m0bov wrote: »

In order to reject the car you need to return the car and keys with a letter. Keeping the car is not rejecting you could have had it recovered to them and then add that to costs. Judge might rule you have accepted goods and not given the dealer a chance to resolve.

That is incorrect.
When rejecting faulty goods under the SOGA, you are not required to return those goods. All you have to do is to inform the seller that you are rejecting them.
http://www.legislation.gov.uk/ukpga/1979/54

36
Buyer not bound to return rejected goods.
Unless otherwise agreed, where goods are delivered
to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

societys_child

36
Buyer not bound to return rejected goods.
Unless otherwise agreed, where goods are delivered
to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

But if the buyer collected the "goods" from the garage where he bought it and drove it the 50 miles home?

I'd have returned car, keys and documents days ago.

70sthrowback

this is true, the goods weren't delivered. However CAB have stated that by not driving and formally rejecting this is seen as rejecting the goods.

Remember the dealer has not once said he is prepared to give me a refund. I would be worried what he may do to the car if it was there.

gadgetmind

He'd sell it to someone else!