Used car from dealer is faulty, refusing refund

roonsnruud

So where do i stand if i get a recovery company to take the car up there and he then refuses it or he just leaves it off his forecourt and it gets nicked or vandalised. Is the car still mine or his? You see my dilemma 

AdrianC

roonsnruud said:

So where do i stand if i get a recovery company to take the car up there and he then refuses it or he just leaves it off his forecourt and it gets nicked or vandalised. Is the car still mine or his? You see my dilemma 

Once it's physically returned to him and rejected, even if he refuses the rejection, he simply owes you the money. You take him to court for it.

fred369

roonsnruud said:

So where do i stand if i get a recovery company to take the car up there and he then refuses it or he just leaves it off his forecourt and it gets nicked or vandalised. Is the car still mine or his? You see my dilemma 

Once rejected it's not your car even if it's sat on your drive. 

Scrapit

fred369 said:

roonsnruud said:

So where do i stand if i get a recovery company to take the car up there and he then refuses it or he just leaves it off his forecourt and it gets nicked or vandalised. Is the car still mine or his? You see my dilemma 

Once rejected it's not your car even if it's sat on your drive. 

But is it rejected if its sat on your drive? Send it back to the seller hand them the keys, unquestionably rejected. If it cant/won't drive get a car transport quote from Ebay or similar.

roonsnruud

I think i will send the letter of rejection and say in it that car is to be collected by them, advise i will give them 14 days to reply. It will be within the 30 days. The dealer is ignoring calls and messages so i will let my credit card company deal with them as i will be claiming off them under section 75 as taking the dealer to court will be a lot more hassle.  

MalMonroe

roonsnruud said:

Im just waiting to hear back from the credit card company before i do anything. Its down to him to collect the car once he gets a letter to say im rejecting it which im sending recorded delivery this week.  The mechanic advised me not to drive it espically that distance.  Ive not done this sort if thing before so all advice is welcome. 

If you bought it with your credit card you can get your money back via Section 75. I did that a few years ago when I bought a useless vehicle from a very small garage business, not even a dealer. It took a while but I did manage to get a full refund, plus compensation for all the hassle I'd endured.  Just be patient. It seems like you have done all the right things. If the vehicle isn't safe to drive, it's the dealer's responsibility to collect it, no matter how far away it is! Can't believe people are saying you need to get it back to him. I guess if you did hire a mechanic to do that, though, you could add the sum it cost to your compensation claim. . . 

AdrianC

roonsnruud said:

I think i will send the letter of rejection and say in it that car is to be collected by them

Nope. You collected it from them, so you have to take it back to them. There is no requirement for them to collect, unless they delivered.

MalMonroe

ToxicWomble said:

It was your choice to buy from a dealer that you knew was a distance away therefore your responsibility to get the vehicle back to him when/if you reject.
How you do that is up to you

Not only is that unhelpful, it's untrue.

MalMonroe

roonsnruud said:

I think i will send the letter of rejection and say in it that car is to be collected by them, advise i will give them 14 days to reply. It will be within the 30 days. The dealer is ignoring calls and messages so i will let my credit card company deal with them as i will be claiming off them under section 75 as taking the dealer to court will be a lot more hassle.  

As I said, yes, do all that. You don't want to start going to court yourself. The credit card company should handle all that. And if you DO have to pay any extra charges for anything, make sure you add that to your refund. It worked for me, and then I added compensation for inconvenience and all the wasted time, etc. Good luck!

MalMonroe

AdrianC said:

roonsnruud said:

I think i will send the letter of rejection and say in it that car is to be collected by them

Nope. You collected it from them, so you have to take it back to them. There is no requirement for them to collect, unless they delivered.

That's not true.