Getting a refund for a faulty used car

Tom2023

I bought a car on 9th December. I asked for an MOT to be carried out on the vehicle and one was on the 7th December. The MOT had no advisories.

The exhaust started blowing the other day so I took it to Mr Exhaust and they found the reason why the exhaust was blowing was because two engine mounts were badly worn. They also found the exhause to be very corroded.

While it was up on the ramps they took a look at the brakes and said the pads were very worn and some of the discs badly scored. They doubted that the MOT from the 7th December was kosher.

Now I know the brakes are perilous I don't want to drive the car

I rang the dealer and he agreed to give me a refund, minus some money for the miles I have done but that it would take 6 days after I returned the car.

This is not a large franchise and I don't really want to lose the car without money in my hand or in my bank account.

Should I get VOSA involved regarding the MOT to prove the car is faulty?

Can anyone offer me any advise on how I should go about getting a refund.

Can anyone also tell me what would be a reasonable amount for the dealer to deduct for the milage bearing in mid I paid £1500 for the car.

GTE_Boy

So you bought an old banger, you're not happy and the dealer is willing to refund you. But you want to complicate the matter and get DVSA involved?

Read the consumer rights act and then take it back.

Tom2023

I don't want to complicate things.

I want a refund when I hand the keys over.

I want them to collect the car as I am told it is unsafe to drive.

Is that unreasonable?

GTE_Boy

Tom2023 wrote: »

I don't want to complicate things.

I want a refund when I hand the keys over.

I want them to collect the car as I am told it is unsafe to drive.

Is that unreasonable?

So how much are Mr Exhaust charging you for storage?

facade

Why is it unsafe to drive? Is it because the exhaust is blowing, or Mr Exhaust reckon the brake discs are scored?

It probably won't pass an MOT now because of the blowing exhaust, but more than likely the brakes would pass, as worn pads and scored discs don't stop them working well enough to pass the MOT (unless the pad thickness is below 1.5mm and can be seen without dismantling anything.)

Tom2023

GTE boy, I asked some simple questions. If you can answer any great. If you can't...

[Deleted User]

Tom2023 wrote: »

I don't want to complicate things.

I want a refund when I hand the keys over.

I want them to collect the car as I am told it is unsafe to drive.

Is that unreasonable?

If the dealer is offering a refund, then I don't think you'll gain much by going to a third party to ask for a resolution.

The garage that told you the car is 'unsafe' could just be after business. Some years ago, I was told the same and got the Main Dealer to check - said brakes were fine, and in fact went through 2 or 3 MOT's after the scam merchants told me that I needed to spend £350.

If I was in your position, I too would prefer my cash back (how did you pay?) when I handed the keys over, but at the same time would be happy to be getting a refund so 'easily'. Deduction for a couple of weeks use - no idea I'm afraid (£150 perhaps)? - Best see what the dealer offers, and clean the car first so it looks it's best when you take it back.

Curly_Chick

so I have been going through somthing similar and got great practical advice from the citizens advice buro, they also have helpful templates and a phoneline you can call between 9am - 5pm Mon - Fri.

Its great your car dealer is up for ofering a refund what I know from using the consumer rights act 2015 is as follows:
- if you return the car for a refund within the first 30 days after you bought it you are entitled to a full refund and no deduction for mileage
- the advice a friend who is a lawyer gave me when I had to return the car and was worried about my refund being processed was this - bring a letter with you - 2 copies, stating the car - add details - is being returned under the consumer rights act 2015, using your right to reject for a full refund of XX amount, date and sign both you and the dealer. They also said that I could retain the Vo5 registration document and say to the dealer that when the refund was processed I would send the VO5 by recorded delivery, signed for delivery, so they would have that within 24hrs of the refund being processed.

That advise is a mix from the citizens advice and my friend who is a lawyer.

Hope this helps

Tom2023

The people at Mr Exhaust quoted me a price for the repairs but advised me it would be best to get a refund from the dealer.

I won't hand the keys over until I have either cash in my hand or money in my bank account as I think once they have the car I have no leverage.

EdGasket

Did you ask why a refund would take 6 days? Surely they had your money; they can give it back?

Tom2023

I was told I'd have to wait 6 days for a refund as they were a company and it would mess up their accounts. I think this is hogwash.

I think once they have the car I would then find it very difficult to get a full refund. I think they want the car so VOSA can't inspect it to see how dodgy the MOT was.

I don't need the cash to buy a replacement car so if they refuse to refund me at the exchange I will have to resort to the law to enforce my consumer rights I think that'd be through a small claims court.