Used Car Issue (BMW 118i)

KatieDee

Small update!

The dealer called me back and said I had a few options:

• Trade the car in against another and pay the difference if more expensive
• Return the car for a refund, minus an admin fee, plus the return of the car I gave as part exchange

I went for the return of the car, as I'm not sure I feel comfortable purchasing another car. He gave me a figure which I am happy with, just to avoid taking it to court, but said the owner doesn't return from holiday until Wednesday (this is true) so I can't return it until then.

I don't mind doing this - I said I'll stop using the car even though he said it's fine to use it until I return it. However, waiting this long takes me out of my 30 day period and I'm a bit worried that he could refuse to honour this, leaving me unable to reject it under the Consumer Act.

If he had not made an alternative offer, and refused my rejection of the car, my plan was to have the car assessed by BMW for a full report of the faults and then go to small claims court.

Any tips on how to cover myself properly? Thinking of consulting my solicitor but wanted to ask here first!

wgl2014

If it's going back today then see if they honour what had been agreed.

If they don't you will need to consider your options afterwards.

neilmcl

KatieDee wrote: »

Small update!

The dealer called me back and said I had a few options:

• Trade the car in against another and pay the difference if more expensive
• Return the car for a refund, minus an admin fee, plus the return of the car I gave as part exchange

I went for the return of the car, as I'm not sure I feel comfortable purchasing another car. He gave me a figure which I am happy with, just to avoid taking it to court, but said the owner doesn't return from holiday until Wednesday (this is true) so I can't return it until then.

I don't mind doing this - I said I'll stop using the car even though he said it's fine to use it until I return it. However, waiting this long takes me out of my 30 day period and I'm a bit worried that he could refuse to honour this, leaving me unable to reject it under the Consumer Act.

If he had not made an alternative offer, and refused my rejection of the car, my plan was to have the car assessed by BMW for a full report of the faults and then go to small claims court.

Any tips on how to cover myself properly? Thinking of consulting my solicitor but wanted to ask here first!

I've already told you, you short-term right to reject is on pause whilst an alternative remedy is on the table.

You could get him to confirm by email just to cover yourself further.

KatieDee

neilmcl wrote: »

I've already told you, you short-term right to reject is on pause whilst an alternative remedy is on the table.

You could get him to confirm by email just to cover yourself further.

Thank you. I know you said that, but what period does this continue for? Sorry for the ignorance, I just want to make sure I'm covered in the event that he changes his mind. My concern is that he's hoping for it to go over 30 days, and I want to be certain of my rights.

neilmcl

KatieDee wrote: »

Thank you. I know you said that, but what period does this continue for? Sorry for the ignorance, I just want to make sure I'm covered in the event that he changes his mind. My concern is that he's hoping for it to go over 30 days, and I want to be certain of my rights.

Your 30 days stops running whilst you're waiting for confirmation of your remedy, this waiting period can go on as long as it does until you've reached an agreement. If they go back on the word then your 30 days will start up again from where you left off.

It might be said that you've actually completed your right to reject as the dealership has agreed to this and therefore they won't be able to go back on this anyway.

The important thing is, under the Consumer Rights Act, the seller is no longer in a position to run the clock down on your rights to a suitable remedy.

KatieDee

neilmcl wrote: »

Your 30 days stops running whilst you're waiting for confirmation of your remedy, this waiting period can go on as long as it does until you've reached an agreement. If they go back on the word then your 30 days will start up again from where you left off.

It might be said that you've actually completed your right to reject as the dealership has agreed to this and therefore they won't be able to go back on this anyway.

The important thing is, under the Consumer Rights Act, the seller is no longer in a position to run the clock down on your rights to a suitable remedy.

Thank you very much for the clarification

Do I need to specifically state to him that I am rejecting the vehicle for this to happen, or does the fact that we are now in discussion about a resolution mean that this has been accepted?

neilmcl

If you want to reject the vehicle then it's best to formally do so but as you're already in discussion about this and the dealer has more or less accepted to take the car back then it doesn't really matter at this stage.

DoaM

What do you have in writing (email is OK) from the seller? If nothing, have you recorded any of the calls (letting them know you were doing so)?

KatieDee

DoaM wrote: »

What do you have in writing (email is OK) from the seller? If nothing, have you recorded any of the calls (letting them know you were doing so)?

I have the email I sent to him advising of the issues, a follow up email asking for contact otherwise I would be rejecting the car, and a final email I am due to send today just summarising our conversation. No recordings as I don't have the ability to do this, but I appreciate it holds more weight at court.

I asked if he would email me confirmation that he would accept the return and he said he would do, but hasn't done so yet. This is why I'm emailing him summarising the conversation and asking him to respond, stating that my 30 day period is now on hold until a resolution can be found and advising of my intentions if it can't be.

If he doesn't reply, is this at least something towards the fact I have made him aware of the issue within the 30 days?

DoaM

Small claims are decided on the balance of probabilities ... unless they could offer evidence to the contrary then what you have and plan to do should suffice.