Used car from dealer is faulty, refusing refund

Mercdriver

MalMonroe said:

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.

Then demonstrate it iis untrue with cold hard evidence, not your stated opinion.  That is what will help the OP - facts not opinion.

roonsnruud

Thanks MalMonroe, that is the route im going down. 
This is going to be my process:
As the dealer is no longer answering calls messsges I'm going to send a letter special delivery stating my intention for a refund under the consumer act 2015. Car not as described. The dealer did say i have to prove the timing chain fault was there when i brought it but on the basis of probability of course it was. I will then chase my CC claim to give them an update.  I guarantee the dealer will ignore the letter so he can deal with the credit card people. Is there anything else i need to do?
Also when you claimed for your car did you give the car back during the process or did the card company take it? 

AdrianC

roonsnruud said:

The dealer did say i have to prove the timing chain fault was there when i brought it but on the basis of probability of course it was. 

Within 6mo of purchase, it's presumed to be a pre-existing fault, unless they can demonstrate otherwise. After 6mo, the balance of proof changes over.

roonsnruud

Thanks AdrianC, i thought the dealer was trying it on when he said i need to prove it. The most experienced mechanics would struggle to prove a fault was there 14 days ago so there has to be a probability basis.

MinuteNoodles

roonsnruud said:

 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.

Not in law. In law it is the buyer's responsibility to return an item. You may be entitled to a refund of REASONABLE delivery costs but it's your responsibility to return it, not theirs to collect it. 

roonsnruud

Thanks MinuteNoodles, if thats the case i will let the credit card company advise me to do that in writing. At least then if the dealer refuses the car and leaves it off his premises i have some comeback if it gets damaged etc

roonsnruud

Its a bit different than buying from  a shop as i have a log book in my name. 

JamoLew

as the log book clearly states - it is a document to record the registered keeper NOT the owner

AdrianC

roonsnruud said:

Its a bit different than buying from  a shop as i have a log book in my name. 

How does that make it different?

bigadaj

AdrianC said:

roonsnruud said:

Its a bit different than buying from  a shop as i have a log book in my name. 

How does that make it different?

Well the postage would be a lot more?