Used car dealer refusing refund I need help.

Paulm831

Sorry for the long post but I need help. Below is the series of events which have led to me asking for a refund and therefore rejecting the car.
Vectra
Purchase 18/5/18
Collected 22/5/18
Engine/ flywheel Rattling and phone call 23/5/18 checked with mechanic who advised flywheel was rattling and is on it way out!
Visited dealership where wes cleared engine light and
Told me
I’d have to wait for owner to return on 29/5/18
Called with no answer
Visited show room 29/5/18
Told to come back 30/5/18
Called to confirm but he changed to 31/5/18
Dropped car in morning at 10 am told I’d be called when it was ready. No call I called at 16-30 to be told it needed collecting
Returned 31/5/18 told egr replaced
Clutch noise still present to be told it will be fixed them when it breaks.
1/6/18 drive car to Leeds and back clutch rattle getting worse very loud to the point people staring at car .
2/6/18 called to say I wanted to return car due to clutch fault! Nigel really rude and aggressive on phone told me I would not be getting a refund.
Decided to visit the dealership, demanded refund, called many names by nigel threatened in office “this is going to lead to trouble that you can’t handle” eventually offers to replace the clutch but at this point I would rather just have my money back
Agrees to refund me tells me it will be sent via bank transfer. I make a video of me handing in the keys and ask Nigel to confirm his offer he stands and walks off . Tells me to leave site



I bought a car from here around two weeks ago.
Issues are as follows
1.Car was not ready on time instead was a day later.
2.Body work touch ups hadn’t been completed as per agreement,
3.car hadn’t been valeted as per advertisement.
4.issues with the electric windows and mirrors not working despite Nigel himself stating on the test drive “everything works”
5. The following day after pick up it sounded awful when I started and rattled like crazy. I contacted them to fix the fault. Wes ( a person who works there agreed the car needed correcting.) my own mechanic advised the flywheel was failing and that’s what the noise was.
6. Engine management light came on.
7. When the owner returned from holiday on Tuesday I called in to explain what the problem was! He was rude and argumentative however he did agree to look at the car on Wednesday.
8. When I called to confirm time he changed to Thursday. After I collect the car he said the egr valve was the cause of the light and he had put a different one in not a new one but a different one. Also admitted he understood my concern about flywheel and agreed to fix it if it breaks.
9. Drove the car to Leeds and back on Friday. The noise was unbearable the gear changes difficult at times impossible had to remain in 4th.
10. Contacted Nigel Saturday morning to say I would be returning the car as it’s not right and I would like a refund. He offered to call me back later as he was sat with a customer. He did call back and flatly refused to adhere to the law, maintains the car is fine and he was aggressive and angry on the phone.

I decided to wait outside for this to happen 2 other customers also make complaints about things! One a lady who said they had used all her fuel after doing a repair and another potential buyer who had travelled from London to buy a Toyota mr2, told me he had waited since 9am for the car to be mot and ready to test drive upon said drive he notes the headlight bulb was not working and also that he bottom of car was rust covered he mentioned also that he’d lost out on a 100 pound deposit because he’d chisen not to buy the car
1 hour later since Nigel’s offer of bank transfer refund he has not responded to texts sent with details. after an hour his son Alex
Turns up and invites me into the office to talk! Offers to replace the clutch explain to him that I am just awaiting the refund into my bank as his dad Nigel has taken my bank details.
I go to office to be told that I won’t be getting a refund! I can either have the clutch replaced or I can send in my complaint via email and they will pass it onto their legal team! I reiterate I want a refund as I have lost confidence in them as a business to do the right thing! He explains that it’s not possible
I actually took delivery of car on 22nd of may today is 2nd June I have owned the car for a total of 10 days minus the day I returned it for repairs! Leaves me with 20 days left of 30 day policy.

I have booked the car in for a safety check at halford in the unfortunate event I end up stuck with it! For Tuesday 4 June.

I drove the car home but will not be using it! I have arranged use of my dads car for the next 7 days until this can hopefully be resolvedi explained clearly upon leaving that I would not be in touch until Monday after I had sought advice. I did however text Alex to confirm the numbe he’s given and ask the question about his offer

My text
Brilliant thought I’d lost the number Can I also just check that my options are as follows
1) have you guys replace the clutch/flywheel
2) submit complaint through your email which you gave me which will be passed onto your legal dept so I can pursue a refund if I choose but obviously that means I can’t get the clutch replaced at a later date?
Sorry to be a nuisance I was clearly more upset/annoyed than I realised before and hence not thinking entirely clearly and can’t quite remember what you’d said?

Alex’s text
That is correct. The legal team will advise if we are in the wrong and therefore should offer the repair or refund the car if you don’t want the repair or an exchange for another car - or if we should decline the request for a refund because we are within our rights to do so. We obviously don’t want unhappy customers and are fully prepared to repair the car.

AndyMc.....

So you!!!8217;ve rejected the car and left it with the dealer?

If he accepts the rejection he has 14 days to refund you.

Paulm831

No he hasn’t accepted it he has told me I need to make the decision of having them repair it or I can send an email in and await them to send to their legal dept who will then pass a judgement I suppose.

My issue is if he’s willing to repair and admit there is a fault is he not obliged to refund ?

AndyMc.....

Just reject it if you don!!!8217;t want it.

Aylesbury_Duck

Tell Nigel (I guess that's his name) that you are rejecting the car.

Paulm831

I have told both Nigel and Alex that I am rejecting the car but they are saying that they will not refund without consulting their legal dept and they will ultimately make a decision on who is in the right here ! My worry is that the decision goes against me and I!!!8217;m stuck with a car which is knackered.

Aylesbury_Duck

Make sure you stick to not driving it. Continuing to use it won't help your case.

unholyangel

Paulm831 wrote: »

I have told both Nigel and Alex that I am rejecting the car but they are saying that they will not refund without consulting their legal dept and they will ultimately make a decision on who is in the right here ! My worry is that the decision goes against me and I!!!8217;m stuck with a car which is knackered.

And if it comes to that, you'd probably be looking at legal action.

Read up on the consumer rights act. While it does state the refund must be paid within 14 days of the trader agreeing the consumer is entitled to a refund, it also says this in the explanatory notes:

Subsection (15) requires a trader to provide any refund due to the consumer without undue delay and at the latest within 14 days from when the trader agrees that the consumer is entitled to it. For example, if a consumer rejects goods because of a technical fault which cannot be seen without testing or detailed examination, the 14-day period would start once the trader had carried out the appropriate tests and found the goods were indeed faulty. In contrast, if it was clear from looking at the goods that they breached the relevant requirement under the Act, there is unlikely to be any reason for the trader not to agree immediately that the consumer is entitled to a refund. In any case, there must be no undue delay, so the trader could not delay payment unnecessarily, for example in order to wait for time-consuming tests which are completely irrelevant. Subsection (16) provides that, where the consumer paid money under the contract, the refund must be given in the same form as the original payment unless the consumer agrees otherwise. For example, a consumer who paid cash should receive cash rather than, say, a cheque unless they agree to this. Under subsection (17), no fee may be charged for the provision of a refund.

So it doesn't mean they can just say they don't agree and you won't be due your refund.

If you paid by credit card (or on a finance agreement that was arranged by the dealer and wasn't a bank loan you organised personally which you could have used to pay for anything you wanted), involve the creditor and ask to make a section 75 claim.

Paulm831

Thanks so much! I just can!!!8217;t eork out why he!!!8217;s being so awkward really! He!!!8217;s clearly admitted there!!!8217;s a fault and is now offering to rectify it! But after the abuse today I just want my money back

merlin777

Just out of curiosity, if the dealer doesn't pay within 14 days, can you charge them for reasonable costs for a hired car?

caprikid1

Racking up costs in this way is a huge gamble. You need to be prepared to go to court and have your case clearly documented.




You also need to make sure you have done everything to mitigate your losses.


Personally I would not risk it.