Mess with car dealership

AdrianC

neilmcl wrote: »

...but you must prove the faults existed at the time of sale...

Within six months of sale, the onus is on the vendor to show they weren't.

neilmcl

AdrianC wrote: »

Within six months of sale, the onus is on the vendor to show they weren't.

Not this again. When using you short term right to reject the onus is on the buyer.

AdrianC

neilmcl wrote: »

Not this again. When using you short term right to reject the onus is on the buyer.

Here's the short-term right to rejection legislation...
http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Show me where it changes the onus relative to the six-month presumption...?

neilmcl

AdrianC wrote: »

Here's the short-term right to rejection legislation...
http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Show me where it changes the onus relative to the six-month presumption...?

If you really want me to go down that route then.

(14) For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

The above applies to the remedies of repair/replacement and final right to reject, it does not apply to the short-term right to reject, eg subsection (3)(a).

AdrianC

Thank you. I wasn't trying to trip you up, btw - I was asking whether that was fact or urban myth.

It appears to be fact.
http://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

kangoora

AldisoScott wrote: »

The car is 2016 VW Amarok. 90,000 miles. We paid for the first by phone(£400) and then by card when we went down there - £11000. If I paid that £400 then it doesn't count like a distance selling?.

If any of these payments were by credit card you could probably proceed with an s75 claim against the dealer I presume.

Although, I'm not sure if you still have to give the dealer a chance at repair before making the s75 claim. Maybe someone on here knows?

Herzlos

AldisoScott wrote: »

I want to return the car, but seller is saying that Im not in title for refund, even if I bought it 10 days ago. How is that?

The dealer has a right to attempt to fix the issue first, and if that doesn't work you can reject it (that's still correct isn't it?).


The dealer is meeting his obligation - he's offering to look at and fix the warning light. Getting it to the dealer is up to you (you need to return it to where you collected it from - so next time it might be worth paying for the dealer to deliver it), which is part of the risk you take on buying a car from 150 miles away. It's a big truck so you might struggle to get a low-loader for it.


So you're options are:


* Drive it back to Edinburgh and get the dealer to fix it (or if you don't trust him, clear the code)
* Get it diagnosed and sorted locally. You've saved over £2k buying it from Edinburgh so you're still going to be saving money if it costs £500.

It just depends on how much you value your time and travel (because you'll need to do the 300 mile round trip twice - once to drop it off and one to collect it again).

Car_54

kangoora wrote: »

If any of these payments were by credit card you could probably proceed with an s75 claim against the dealer I presume.

Although, I'm not sure if you still have to give the dealer a chance at repair before making the s75 claim. Maybe someone on here knows?

AIUI the credit card company simply has the same responsibilities as the dealer, so the same procedural requirements would apply.

DoaM

^^ Correct.

S75 makes the credit provider jointly and severally liable for the performance of the contract, including any liabilities and responsibilities on both sides. S75 isn't a magic bullet to mean the consumer doesn't have to do or allow anything.

neilmcl

Herzlos wrote: »

The dealer has a right to attempt to fix the issue first, and if that doesn't work you can reject it (that's still correct isn't it?).

Nope, the OP has the right to reject the vehicle within the first 30 days.