Used dealership refusing rejection within 30 days.

Michelle2007

It was the ctsi consumer line, sorry I just refer to that as it what my brain thinks, but it wa ma simply a consumer help line

loskie

if you are adamant you want to return it then return it. Take the car back, HAND them a letter of rejection(witnessed), walk away and start legal (small claims?) proceedings.
The supplier does not have to agree to the return.

motorguy

Michelle2007 wrote: »

Thankyou for the replies,

I guess I will see what the car inspection brings up and go from there

They have never called me or emailed me, I have chased them every time even during the repair, I asked them to call me letting me know roughly how long they would have once it had been checked - this was on a Wednesday, i then had to call Saturday to ask what was happening, never received paperwork for any work carried out, it’s just been very difficult from the first issue to be honest,

Thankyou for the tips

If you are adamant on rejecting the car, i dont see why you are having a car inspection done.

Its got documented faults, not your responsibility to diagnose what the faults are, just to document the impact.

Are they aware you have formerly rejected it? Where does the "i think you should give me my money back" email fit in to the timeline? Had you correspondence after that with them at all? If so, what?

motorguy

loskie wrote: »

if you are adamant you want to return it then return it. Take the car back, HAND them a letter of rejection(witnessed), walk away and start legal (small claims?) proceedings.
The supplier does not have to agree to the return.

As has been documented in the O/Ps situation, yes they do.

If they dont agree to the return, then you dont get your money back and have to pursue them through the courts.

loskie

https://www.honestjohn.co.uk/news/legal-motoring-advice/2017-08/everything-you-need-to-know-about-your-right-to-reject-a-car/

motorguy

loskie wrote: »

https://www.honestjohn.co.uk/news/legal-motoring-advice/2017-08/everything-you-need-to-know-about-your-right-to-reject-a-car/

Oh, well there we have it then.

O/P - just send the seller the above link from Loskie and you'll get an instant refund. :T






Sadly, as the O/P has found out, having the right to a refund is very different than getting a refund - thats my point.

Arklight

From the HJ link:

Does this apply to the purchase of used cars?

Yes, regardless of whether it was bought from a franchised dealership or an independent garage. If there is a problem with your used car soon after you bought it - and that problem is not to be expected based on age or mileage - then you are entitled to a free repair or replacement as long as it's within 30 days.

Often the cost of a replacement will be disproportionate, so it will usually be a repair. If the car was bought from a dealer - and the fault was not stated to you - then you have the right to claim against them for breach of contract. If the car was not as described then this would fall under misrepresentation and also allows a claim to be made.

Not sure how the bolded bit would affect the claim. Also the dealer has one chance to fix a fault but do we know that it was the same fault that reoccurred?

A car can fail to start for any of a million reasons. It seems unfair to me on an 8 year old car not to at least allow them to also change out the battery having previously done the coils and plugs.

Hermione_Granger

Arklight wrote: »

Also the dealer has one chance to fix a fault but do we know that it was the same fault that reoccurred?

Not if the car is being rejected under the short term (30 day) right of rejection.
You only have to allow one chance to repair after this 30 day period.

DUTR

Hermione_Granger wrote: »

Not if the car is being rejected under the short term (30 day) right of rejection.
You only have to allow one chance to repair after this 30 day period.

With the amount of posts regarding refunds enticed me to search for some stats on how many were successful, however the search lead me to this link


and sort of quite rightly for a used car it is not as clear cut as the OP's would hope.

Hermione_Granger

DUTR wrote: »

and sort of quite rightly for a used car it is not as clear cut as the OP's would hope.

Don't get me wrong. I'm not saying one way or another that the OP has a valid reason to reject the car, simply that if there is a fault within the first 30 days, the law doesn't require that the seller must be given the chance to rectify the fault.