Rejecting a car and part exchange

nlp626

Hi All,

I have a dilemma and was wondering if anyone knows the answer to the below.

Long story short, we part exchanged our old car for a new car on finance. There were a whole host of issues with the new car and the dealer are allowing us to exit the deal. They still have our part exchanged car but we don’t want the car back, the insurance has expired and we have already had to cancel the insurance on the new car we didn’t actually get, plus we have gone with another dealer so would ultimately have to cancel this insurance after a week or so anyway, a hassle we do not want when w can survive without a car for 2 weeks. The problem is the dealer are stating that they cannot cancel the whole deal unless we take our part exchanged car back, as far as i am concerned they are now the legal owner and we held up our side of the deal (i.e. they accepted the car and signed the V5C form) but they didn’t hold up their end of the deal by delivering a new car in a fit state, hence the reason we want to exit the deal.

You mention above “If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc).” suggests we wouldn’t get the part exchanged car back anyway despite their insistence that we have to take the car back (I imagine they don’t want to deal with trying to sell the car and the fact it doesn’t look good a Ford being on a Nissan court). I assume they had an inkling that we would exit the deal and were hoping we would take the car back, as I imagine in most other cases they would have got rid of the part exchanged car pronto. For reference there is a small negative equity of £25.

What are your thoughts on the matter above?

Thanks in advance :beer:

AdrianC

If the px was no longer available, then they cannot return it as part of the rejection, so can offer you the cash alternative instead. But given that it is available - well, surely the rejection is rejection of the ENTIRE deal? Not just part of it...?

The fact that you are incurring insurance costs is something that you should have factored in to the decision to reject.

If they really didn't want your px, it would have been up the auction before it had fully cooled down.

caprikid1

I think the OP is trying to have their Cake and Eat it. The Part Ex was part of the deal THEY rejected. The dealer still has the car they should take it back. The law looks to be hazy but I think they will not get the dealer to give them cash. You have lost all bargaining power also having bought a car from another dealer. Part Ex values are rarely good so you should be fine selling it.


http://lawdata.co.uk/design/consumer-rights-act-2015/

Herzlos

Yeah I'd expect them to undo the entire deal, including the part exchange. They may honour the p/x value against another car though, if you don't want to actually take it back.

They'd be under no obligation to give you the cash value as it's probably overinflated to make it seem like a good deal.