Used dealership refusing rejection within 30 days.

DUTR

Hermione_Granger wrote: »

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.

Looking over the opening post again, personally I don't feel they have a positive case (hopefully for them they do).
The car wouldn't start is a good reason the other two points they raised aren't as it stands they are simply refusing to drive the car, the car can still perform a task. At the end of the day the market is driven by consumer wants and if they want a rock solid fail safe go forever car then that can only push up the cost of used vehicles as any future repair costs will be included in the screen price.

Michelle2007

motorguy wrote: »

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?

I was informed if it goes to court I need to be able to prove the car has had faults, so I want a mechanic to put all issues in writing incase it goes there,

I sent the email the same day of the breakdown as the garage was shut at the time, then the next day at 11ami called as they didn’t call me, he confirmed he saw the email and said he was “driving” so would call me back, at 3pm I had to call again, he passed me straight to someone else and they just told me it was a good car, that drives well and if I tell them where I was they’d come change the battery over, after explaining i wasn’t happy with another repair as the car just isn’t reliable and doing so would take me out of my 30 days and I’d lose the right to reject, I repeated I just wanted a refund - this went on for a while until the guy who sold me the car came on and again said where am I, then when he realised I wasn’t happy with that he said point blank he won’t give me a refund and i have no right to one, it was then that evening after calling the consumer line I emailed them in writing stating it all, my 30 days is still in effect right until Tuesday, tomorrow I will be sending a formal letter, so they’ve had verbal and written within the 30 days, They haven’t responded to anything ever, the only contact I’ve had is when I’ve called them, they never call me back, and do not reply to emails, and I’m just not comfortable calling again as they were very aggressive and even if I may seem so in writing I’m not and the telephone conversation was not pleasant as they just ignored anything I was saying.
But I have nothing in writing suggesting they have accepted hearing me request a refund, which is why I think they’re just ignoring it unless over the phone

loskie

motorguy wrote: »

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.

That wasn't your point though was it? You said dealer HAD TO AGREE to rejection. Which is incorrect.

you could just roll over and let yourself be shafted as Motorguy would do. Or put up a fight (if you are in the right) and win. It wont be easy and may need the use of the small claims process.

motorguy

Michelle2007 wrote: »

I was informed if it goes to court I need to be able to prove the car has had faults, so I want a mechanic to put all issues in writing incase it goes there,

I sent the email the same day of the breakdown as the garage was shut at the time, then the next day at 11ami called as they didn’t call me, he confirmed he saw the email and said he was “driving” so would call me back, at 3pm I had to call again, he passed me straight to someone else and they just told me it was a good car, that drives well and if I tell them where I was they’d come change the battery over, after explaining i wasn’t happy with another repair as the car just isn’t reliable and doing so would take me out of my 30 days and I’d lose the right to reject, I repeated I just wanted a refund - this went on for a while until the guy who sold me the car came on and again said where am I, then when he realised I wasn’t happy with that he said point blank he won’t give me a refund and i have no right to one, it was then that evening after calling the consumer line I emailed them in writing stating it all, my 30 days is still in effect right until Tuesday, tomorrow I will be sending a formal letter, so they’ve had verbal and written within the 30 days, They haven’t responded to anything ever, the only contact I’ve had is when I’ve called them, they never call me back, and do not reply to emails, and I’m just not comfortable calling again as they were very aggressive and even if I may seem so in writing I’m not and the telephone conversation was not pleasant as they just ignored anything I was saying.
But I have nothing in writing suggesting they have accepted hearing me request a refund, which is why I think they’re just ignoring it unless over the phone

On that basis i would pull it together in the form of a Letter Before Action (you can google a template).

• Get the report from the mechanic listing the faults, attach a COPY of this.
• summarise the impact of this - "the car is currently undriveable, etc, etc", reconfirm what you have done "as per my email dated XX/XXX/XXXX (copy attached) with regards to the rejection of this vehicle due to the above faults, the vehicle has been beyond use since this date as it wont start and as such i expect a full refund within 10 days. The vehicle is located at XX XXXX, please phone me on XXXXX to arrange to collect the keys. If this situation is not resolved to my satisfaction within this timeframe i will pursue this through the Small Claims Court until resolution. "
• Attach any supporting documents, including emails, etc.

Send one copy by recorded delivery, send another copy via standard delivery (different envelope, different handwriting on front) get a proof of posting for this. Send a copy of the whole lot via email.

If not resolved within 10 days, raise a claim via the Small Claims Court.

motorguy

loskie wrote: »

That wasn't your point though was it? You said dealer HAD TO AGREE to rejection. Which is incorrect.

you could just roll over and let yourself be shafted as Motorguy would do. Or put up a fight (if you are in the right) and win. It wont be easy and may need the use of the small claims process.

The whole point of rejection is to get your money back. You can certainly reject it no problem at all, put it beyond use and not use it, but that doesnt get you your money back does it?

Thus the dealer has to accept your rejection and refund you, no?

Having the right to a refund doesnt mean you will necessarily get it.

And thus the O/P is in the position they are in - they want to reject the car, the dealer hasnt accepted that and they still have the car and no refund.

And NOWHERE have i said i would roll over, or the O/P should roll over. I think the situation the O/P is in is entrenched, i dont think they've handled it terribly well thus far but it is possibly recoverable from their perspective, as per my post #45 above.

Michelle2007

DUTR wrote: »

Looking over the opening post again, personally I don't feel they have a positive case (hopefully for them they do).
The car wouldn't start is a good reason the other two points they raised aren't as it stands they are simply refusing to drive the car, the car can still perform a task. At the end of the day the market is driven by consumer wants and if they want a rock solid fail safe go forever car then that can only push up the cost of used vehicles as any future repair costs will be included in the screen price.

The car won’t start now and the twice it did it almost cut out without revs,
The error code is something it had previously went in for 5 days to be fixed for along with another error and it is still present.
I know with it being a second hand car things are expected, but to me the main thing a car needs to be is reliable, and this car has proven it is not, I could send it back to be fixed yes, but my worry is like the previous time, they do a quick fix (I.e new battery) then a week later car breaks down and it was actually something else draining the battery, I’m out my 30 days and stuck with a car that yet again doesn’t work and a huge bill to fix it? As after 30 days your rights dimish,

I drive a lot of miles, I drive frequently on motorways and longer distances and I just need a reliable car, and as anyone with kids would be aware, the last thing you want is to be broken down with 3 young children,
I just don’t believe even a used car should produce so many issues in such a short space of time of it was adequately serviced and checked, built that’s just my view, I guess I’ll have to decide my best cause of action when I find out why the battery won’t start,

Thankyou all

Michelle2007

motorguy wrote: »

On that basis i would pull it together in the form of a Letter Before Action (you can google a template).

• Get the report from the mechanic listing the faults, attach a COPY of this.
• summarise the impact of this - "the car is currently undriveable, etc, etc", reconfirm what you have done "as per my email dated XX/XXX/XXXX (copy attached) with regards to the rejection of this vehicle due to the above faults, the vehicle has been beyond use since this date as it wont start and as such i expect a full refund within 10 days. The vehicle is located at XX XXXX, please phone me on XXXXX to arrange to collect the keys. If this situation is not resolved to my satisfaction within this timeframe i will pursue this through the Small Claims Court until resolution. "
• Attach any supporting documents, including emails, etc.

Send one copy by recorded delivery, send another copy via standard delivery (different envelope, different handwriting on front) get a proof of posting for this. Send a copy of the whole lot via email.

If not resolved within 10 days, raise a claim via the Small Claims Court.

Thankyou,

I think the most annoying thing is, if they had just talked to me and offered a refund but slightly less due to miles i have added to the car I would have listened and most probably accepted as I understand they don’t want to lose out either and I’d rather it be fair for us both, I’m not sure why any business just sticks their head in the sand.

I really appreciate the advice

DUTR

Michelle2007 wrote: »

The car won’t start now and the twice it did it almost cut out without revs,
The error code is something it had previously went in for 5 days to be fixed for along with another error and it is still present.
I know with it being a second hand car things are expected, but to me the main thing a car needs to be is reliable, and this car has proven it is not, I could send it back to be fixed yes, but my worry is like the previous time, they do a quick fix (I.e new battery) then a week later car breaks down and it was actually something else draining the battery,

You don't know though until such time some corrective work is completed.
I’m out my 30 days and stuck with a car that yet again doesn’t work and a huge bill to fix it? As after 30 days your rights dimish,

But not completely disappear.
I drive a lot of miles, I drive frequently on motorways and longer distances and I just need a reliable car, and as anyone with kids would be aware, the last thing you want is to be broken down with 3 young children,


I don't think any car owner wants a car to be not running irrespective of their family status.
I just don’t believe even a used car should produce so many issues in such a short space of time of it was adequately serviced and checked, built that’s just my view, I guess I’ll have to decide my best cause of action when I find out why the battery won’t start,

Thankyou all

I think much of the problem you are going to gain much disappointment from is that, some feel if they take someone to court they have already won.
In all fairness even if you bought the car brand new, problems could have followed quickly after purchase. As no one has a right to see into the future, then your inexperience of a vehicle technician isn't going to carry weight in the case as you are basing the argument now on instincts.

Now lets say you took the dealer to court and won, is that the end of the matter? NO! The dealer possibly has the option to appeal, and then there is the further delay of trying to get the refund from them which in itself may take another court case, even if that case is then won, you may still not quickly get a refund (the business could go bankrupt in that time) , all that extra time and cost, from my seat the lowest cost speediest option is to take a repair , and if you want then sell the vehicle or is the dealer willing to offer an exchange for you to take another vehicle from their portfolio?

The next owner may (a) have a long reliable use from the vehicle (b) adopt the reliability issues you have experienced.

Michelle2007

DUTR wrote: »

I think much of the problem you are going to gain much disappointment from is that, some feel if they take someone to court they have already won.
In all fairness even if you bought the car brand new, problems could have followed quickly after purchase. As no one has a right to see into the future, then your inexperience of a vehicle technician isn't going to carry weight in the case as you are basing the argument now on instincts.

Now lets say you took the dealer to court and won, is that the end of the matter? NO! The dealer possibly has the option to appeal, and then there is the further delay of trying to get the refund from them which in itself may take another court case, even if that case is then won, you may still not quickly get a refund (the business could go bankrupt in that time) , all that extra time and cost, from my seat the lowest cost speediest option is to take a repair , and if you want then sell the vehicle or is the dealer willing to offer an exchange for you to take another vehicle from their portfolio?

The next owner may (a) have a long reliable use from the vehicle (b) adopt the reliability issues you have experienced.

In all honesty the dealer has not helped the situation, like I said if they had spoken to me about a solution rather than just repeating “tell us where you and the car are and we will come replace the battery” even when I was trying to talk and saying I wasn’t comfortable that is all I was getting, at any point they could have suggested meeting to discuss options, or like I said , could have said “ we could look at a refund, but deductions for fair use will be made” or even like you said another car, they had so many more options than to refuse anything and tell me all I was entitled to was a repair.. I have never worked in any business where you use ignoring the customer as a tactic, I would have listened to any solution they thought would be suitable, but they made none, So whether people think I shouldn’t reject the car, surely people can agree the business could have also done a lot more to find a solution?

All I know is the company are not helping me at all, if they would even reply to an email so we could have a conversation, I have no option at this point other than write a letter and try get some response, I will see what happens and learn from this whole experience. Whatever happens, I refuse to be held solely accountable for the situation when they could’ve done so much to prevent the situation too, it has definitely been a learning curve for me!

DUTR

Michelle2007 wrote: »

In all honesty the dealer has not helped the situation, like I said if they had spoken to me about a solution rather than just repeating “tell us where you and the car are and we will come replace the battery” even when I was trying to talk and saying I wasn’t comfortable that is all I was getting, at any point they could have suggested meeting to discuss options, or like I said , could have said “ we could look at a refund, but deductions for fair use will be made” or even like you said another car, they had so many more options than to refuse anything and tell me all I was entitled to was a repair.. I have never worked in any business where you use ignoring the customer as a tactic, I would have listened to any solution they thought would be suitable, but they made none, So whether people think I shouldn’t reject the car, surely people can agree the business could have also done a lot more to find a solution?

All I know is the company are not helping me at all, if they would even reply to an email so we could have a conversation, I have no option at this point other than write a letter and try get some response, I will see what happens and learn from this whole experience. Whatever happens, I refuse to be held solely accountable for the situation when they could’ve done so much to prevent the situation too, it has definitely been a learning curve for me!

You say you would have listened to any solution, yet the dealer has said to you 'tell me where you are and we will get the battery replaced.' That is a solution you heard it is not a solution you want to hear, so then 'ignoring you' as you put it is not really true in this instance, they are waiting for an action from you. I don't think many or any can predict the car wouldn't have met all your expectations for the price you wanted to pay.
Whether you send a letter before action or not, logically they cannot respond to that option until it is executed.