Vehicle consumer rights

Stuboy777

I recently bought a second hand car from evans halshaw Wolverhampton.  It was agreed over the phone using the click and collect method.  I traded in my old car plus a bit of cash then had the remaining balance on finance.. upon collecting the new car I noticed the description of the condition was not as described over the phone.  I was told the defects would be put right and to book it back in so this could be carried out . I asked them to send it me in writing the same day . This never happened despite me emailing and phoning the dealership.  I then decided to reject the car on this basis.  I asked for my px back plus my cash and that I would cancel the finance agreement.  I was told I could not have my px back and that they would only refund me the trade in value which is probably 3 thousand less than I would get for it if I sold it privately.  Can they do this ? .. any help would be appreciated.  Thanks 

born_again

Check the T/C of he purchase.

Most of the click & collect seems to be just the cash value of the trade in as they are long gone. What you "Might" have sold it for is of no value to anyone. As you sold it to them for the P/X value.

neilmcl

Stuboy777 said:

I was told I could not have my px back and that they would only refund me the trade in value which is probably 3 thousand less than I would get for it if I sold it privately. 

If that's the case then why didn't you do that in the first place? You agreed what the value of your car was and they are returning that amount to you.

unholyangel

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
(11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.
(12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

If they can't give it back, then they'd be liable for damages. Which would be assessed on the market value of your car at the time. 

Although technically, if you've agreed to the repair already then you can't reject for a refund until the traders had a reasonable time/one attempt to repair. 

Stuboy777

I didn't think they could sell my px when i was given 7 days to see to change my mind about the the new car purchase.  This was not made clear in the phone call when I asked if i would get a full refund if i charged my mind in the first seven days. They sold me an un roadworthy car so i thought i could just get my money and px back . Their advert for no hassle no haggling return of your funds is misleading. It feels like they stole my car off me and sold me a duff one .

DCFC79

Stuboy777 said:

I didn't think they could sell my px when i was given 7 days to see to change my mind about the the new car purchase.  This was not made clear in the phone call when I asked if i would get a full refund if i charged my mind in the first seven days. They sold me an un roadworthy car so i thought i could just get my money and px back . Their advert for no hassle no haggling return of your funds is misleading. It feels like they stole my car off me and sold me a duff one .

Why choose EH in the first place ?
Why not choose another garage eg an independant one ?

custardy

Stuboy777 said:

I didn't think they could sell my px when i was given 7 days to see to change my mind about the the new car purchase.  This was not made clear in the phone call when I asked if i would get a full refund if i charged my mind in the first seven days. They sold me an un roadworthy car so i thought i could just get my money and px back . Their advert for no hassle no haggling return of your funds is misleading. It feels like they stole my car off me and sold me a duff one .

They are offering you a full refund.
If you wanted to have the chance to get your car back then you need to ask before purchase.
These trade ins are pumped off asap. They have no interest in keeping them sitting round for a week

Ganga

Why did you not sell your car privately if you could have got £3000 more ?

Aylesbury_Duck

Ganga said:

Why did you not sell your car privately if you could have got £3000 more ?

Exactly.  Trading-in is more convenient but £3000 is one heck of a premium for convenience.  

Grumpy_chap

When you trade you car in at a main dealer, I understand EH Wolverhampton is a Ford Dealer, they generally do not want your PX so as soon as they receive it, the PX car is shipped out to auction.  At a large dealer, with multiple cars coming in per day, the PX's can be moved on same day.  Once it's gone, it's gone.  Any subsequent refund can only be the cash amount for the PX that was stated on the invoice.

It is a wonder what type of car you'd have to trade at £3k below value against a used Ford.