Rejecting vehicle - do I have to accept my part ex back?

Mswizzj

hi people! Before I start, I’d like to say, this is a GENERAL question, do generally seeking advice on this whether it’s true or not.

Basically I have been missold a car, the dealership has accepted liability and allowing me to reject/return the vehicle to be put in a position I was at before buying said vehicle.

I part exed a car, and added some cash as a deposit to bring down the overall price I’d have to finance.

I raised the complaint within 4 days of ownership (I’ve now had the car about 18 days, it’s been a long complaint process), my question is regarding my part ex, I’ve seen online that if I reject/return the vehicle due to a proven issue/missold a car; that I’m within my rights to reject my old part exchange back , and request a cash sum for the amount I was quoted on my part ex instead?

Is this true? As it’s come from the consumer rights page id deem it true,  if so, how would I go about it ? 

DiddyDavies

If the dealer wishes to return the part-ex car to you then they are perfectly entitled to do this.
This is from the Consumer Rights act explanatory notes:
Consumer Rights Act 2015 - Explanatory Notes (legislation.gov.uk)

115.Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

Mswizzj

DiddyDavies said:

If the dealer wishes to return the part-ex car to you then they are perfectly entitled to do this.
This is from the Consumer Rights act explanatory notes:

115.Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

Yeah I thought as much, it’s no issue to me, would prefer the cash to use as a larger deposit elsewhere, but no biggie.

I have contacted the DVLA and he hasn’t even swapped owner ship to a trade owner anyway, so it’s still in my name and registered to me, annoying had they been caught speeding in the car, but oh well.

Mswizzj

DiddyDavies said:

If the dealer wishes to return the part-ex car to you then they are perfectly entitled to do this.
This is from the Consumer Rights act explanatory notes:

115.Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

“If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc)” this is also from a similar post. 

So I’m very confused 

AdrianC

Mswizzj said:
the DVLA and he hasn’t even swapped owner ship to a trade owner anyway, so it’s still in my name and registered to me, annoying had they been caught speeding in the car, but oh well.

That bit is your legal responsibility, not theirs...

williamgriffin

Mswizzj said:

DiddyDavies said:

If the dealer wishes to return the part-ex car to you then they are perfectly entitled to do this.
This is from the Consumer Rights act explanatory notes:

115.Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

Yeah I thought as much, it’s no issue to me, would prefer the cash to use as a larger deposit elsewhere, but no biggie.

I have contacted the DVLA and he hasn’t even swapped owner ship to a trade owner anyway, so it’s still in my name and registered to me, annoying had they been caught speeding in the car, but oh well.

Let's hope it's insured on his trade policy before you get a fine if it's still taxed. 

Mswizzj

AdrianC said:

Mswizzj said:
the DVLA and he hasn’t even swapped owner ship to a trade owner anyway, so it’s still in my name and registered to me, annoying had they been caught speeding in the car, but oh well.

That bit is your legal responsibility, not theirs...

Completely, I understand that, he insisted he did it, and being a first time dealership buyer, it wasn’t something I had any knowledge of if I’m honest.

DiddyDavies

Mswizzj said:

DiddyDavies said:

If the dealer wishes to return the part-ex car to you then they are perfectly entitled to do this.
This is from the Consumer Rights act explanatory notes:

115.Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

“If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc)” this is also from a similar post. 

So I’m very confused 

What you have in bold above would be the case if it was impossible for the dealership to return your part-ex vehicle (if for example, they had already disposed of it).
If however they still have the car, they are perfectly entitled to return it to you along with whatever other payments you had made.

Mswizzj

DiddyDavies said:

Mswizzj said:

DiddyDavies said:

If the dealer wishes to return the part-ex car to you then they are perfectly entitled to do this.
This is from the Consumer Rights act explanatory notes:

115.Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

“If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc)” this is also from a similar post. 

So I’m very confused 

What you have in bold above would be the case if it was impossible for the dealership to return your part-ex vehicle (if for example, they had already disposed of it).
If however they still have the car, they are perfectly entitled to return it to you along with whatever other payments you had made.

Great! As I say, no big deal to
me, i part exed a good car, it’s apparently done 750 miles while sat on their forecourt though.. hmm

frost500

Partex cars are normally gone from the dealers the same day.

Mswizzj

frost500 said:

Partex cars are normally gone from the dealers the same day.

They have told me they still have possession of it, we will see Friday when the deal unfolds, and they receive my car, and the transport driver ‘collects’ the car I part ex.

I'm awaiting a sob story of how he can’t pay me back or something similar.

unfortunately for him, he’s sent it in writing that he will pay the full amount back.

wonder how that would stand in court if he denied.