14 day money back vs 30 day.

emsylu

I was wondering if you can help me.   I purchased a car on Saturday 6th March 2021.  From a garage called northwest autos in Blackburn.   I found the car on auto trader and and spent a lot of time searching for a car that I wanted.   I live in Bedford so needed to make a 188 mile journey to look at the car.  So when I rang to book a viewing I made them aware that I would be coming a long way so I would need the car to be exactly as described in the advert.   I paid a deposit of £200 over the phone for them to hold on to the car for me.  I was made aware that I would not be able to test drive the car due to covid restrictions.  My daughters and I drove 31/2 hrs there.   People were very friendly I was allowed to start the car and have a good look.   My daughter noticed that the stereo wasn’t working to be told it just needs tuning in properly.  I decided I like the car and paid in full via bank transfer.  

I started the 31/2 hr journey home and as I got down the road there was a horrendous crackling coming from the speakers.  So we pulled over and I went back.   One of the guys checked the car and agreed there was probably a loose wire in the speakers. I was told they would arrange for it to be fixed down here.   I agreed.   Whilst driving home I noticed it to be a bit juddery at times and then noticed epc light coming on.  By this time the whole sound system was turning on and off volume on and off.  This also affected the sat nav system and Bluetooth hands free system.  And also the front headlight blew. 

I called the garage the next day to be told the after sales won’t be in until Monday.  So I rang them Monday.   By this time I had already contacted a local garage to have a diagnostic check done. As I new this is what they would request.  Which they did.  They reassured me that they would get the problem fixed whatever the problem was.  

Garage printed off the diagnostic test.  Faults found were. Speakers, central locking faulty, and cam belt timing.  Although this car an Audi A5 convertible 2ltr petrol has a timing chain.   Garage advised that the bang &oulsfen amps are known for being faulty so would probably need a refurb and possibly a new timing chain. And also the engine management light was on and the car at this time had cut out whilst driving.   When I told the garage this they said that isn’t the problem it can’t be the timing chain.  So I rang around a couple of garages for quotes and kam (after sales) was not happy with the prices.   

On the Tuesday he suggested I join the aa and they will cover costs and arrange for the car to be trailered back to them to fix.   I agreed but wasn’t overly happy with this option.   On the weds I spoke to kam I told him I had joined the aa and he asked me to cover everything we had discussed via email to which I did straight away. I asked him to confirm everything I’d put in the email and for him to confirm how I would get the car back.  As the intention was for the car to go back on Friday.  However I never heard a thing from the garage.  

I didn’t send the car.   After stewing over it at the weekend I decided that because I was in the 2 week money back guarantee I would send it back.  On the phone the garage had been quite rude over the phone and I generally had lost any trust.  

So I rang the garage on Monday and also emailed them telling them I was taking it back for a refund.  And was told I was throwing my toys out the pram and nit picking.  I did record that conversation.  

I arranged for aa to pick up the car Tuesday morning.  And I followed them with my daughter.  

I was told that I shouldn’t of turned up as management hadn’t contacted me.  Kam however did a check of the car and everything I’d said was wrong he wrote down.  And I signed.  

What I hadn’t noticed when I signed for the car when I brought it is they charge you £1.25 for every mile the car has been used.  So that means I used 459 miles.  Mainly because of the 200 mile drive home. My argument is that surely because the car was faulty I don’t need to pay this.  And also they have the car up for sale already and I have had no contact from the garage since Tuesday.  I’ve emailed a copy of the consumer rights act copied from consumer rights page.  I have no management contact details.  Kam emailed back saying I did not have permission to bring the car back on that day and legal solutions will be in contact shortly and I need to be patient.  

They have the car and £7900.00 of my money.  

This is the garage.  The car is Audi A5 convertible in grey although say its purple. Log book says grey.  Reg is lx59rgo 

  So sorry this is so long. But thought I should give you all the details.   I’ve not slept for 2 wks. I’m so worried I’m not going to get my money back.  I have emails and pictures of paperwork I can send if needed.  I have sent emails to the garage as recommended by consumer rights. 

I’m sending it back under the short term 30 day money back guarantee. But currently they are not replying to my emails.   

Any advice greatly received and I will post there reply from there legal team in reply

Thanks Emma. 

emsylu

So this is the email I sent them on 10th of March that I never received a reply from. Which is when I changed my mind about getting it repaired and I asked a for a full refund.  I did not get a reply from.  So took the car back and heard nothing until I sent a legal letter via registered post that they received last sat 27th March.  I got this response.  Which all the details that they have said are not correct however I wasn’t going to get in a fight about the details.  Just want my money back.  

We have recently been instructed by the above-named Client in respect of this matter and respond as follows.

 

We understand that you purchase the Vehicle from our Client in or around the 2nd of March 2021 for a total consideration of £7900.00. The Vehicle was sold with a valid MOT certificate issued by a third-party DVSA approve garage. 

 

Our Client is fully aware of their obligations under the Consumer Rights Act 2015 (hereinafter referred to as “CRA”). The Vehicle must be of satisfactory quality s9 CRA, fit for purpose s10 CRA and as described at point of sale – s11 CRA 2015.  It is accepted that if a fault occurs within the first 6 months of purchase then that fault is deemed to have been present at point of sale.  The burden is upon our Client to show that the fault was not present at the point of sale. Our Client believes that the pre-delivery inspection document and the MOT may go towards discharging this burden – s19(14) CRA 2015.

 

Further and in the alternative, our Client is aware that the sale is further governed by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Our Client provided you with a copy of the cancellation notice at the point of purchase which you also signed confirming you were aware of your right to cancel.

 

Following purchase, you contacted our Client to report that the Vehicle broke down when you arrived at your home address after collecting it from our Client’s premises. Your mechanic inspected the Vehicle and has allegedly condemned the Vehicle and deemed it unfit for road use. On the 16th of March 2021, you had the AA collect the Vehicle and deliver it back to our Client whereby you sought to reject for a full refund. For the avoidance of any doubt, you have covered 459 miles in the Vehicle since collecting it from our Client meaning our Client is entitled to make a deduction for the miles covered as outlined at point 1.7 of the cancellation notice. Our Client will therefore refund you a total consideration of £7363.75 in full and final settlement of the matter via bank cheque.  

 

pbartlett

section 1.7 of your agreement which you signed allows them to charge this. it doesnt give an exception if you reject the car. if you were unhappy with that provision you should not have signed it. 

emsylu

But how do you know a car is faulty when you first pick it up ?  I’m not returning the car because I didn’t like it.  It was dangerous to drive cutting out.   So surely under 30 day money back guarantee it’s not fit for purpose so should get a full refund 

David713

pbartlett said:

section 1.7 of your agreement which you signed allows them to charge this. it doesnt give an exception if you reject the car. if you were unhappy with that provision you should not have signed it. 

It doesn't matter what section 1.7 states or the fact that the OP agreed to this as it's an illegal term and thus unenforceable in law.
Yes, a dealer is entitled to make a deduction for mileage and fair wear and tear when a consumer rejects a vehicle but this only applies when using your final right of rejection. 
Whe  exercising your short term (up to 30 days) right of rejection, the dealer is required to provide a full refund and cannot make any deductions.

pbartlett

not quite true - an example being you collect the car with a full tank of petrol and return it with an empty tank. Or you collect the car with xx miles on the odometer and return it with xx + 459 miles.

couriervanman

You drove 188 miles to buy a used car you couldn't test drive......WHY

David713

pbartlett said:

not quite true - an example being you collect the car with a full tank of petrol and return it with an empty tank. Or you collect the car with xx miles on the odometer and return it with xx + 459 miles.

As far as mileage and use go, it is true.
When rejecting a car using your short term right of rejection, a dealer cannot legally make a deduction for mileage or fair wear and tear.
I didn't mention anything about fuel in my earlier post as this is slightly different and the dealer might be able to make a deduction for this.
https://www.businesscompanion.info/focus/car-traders/part-b-your-obligations-under-consumer-rights-act-2015-cra

Example: No reduction in refund
A consumer buys a £35,000 motorhome and travels abroad doing 5,000 miles in 21 days. The consumer discovers a significant inherent electrical fault. The buyer can reject the vehicle and claim a full refund despite the extensive use due to this being a breach of satisfactory quality claimed in the first 30 days.

David713

couriervanman said:

You drove 188 miles to buy a used car you couldn't test drive......WHY

As far as the OP's right to a full refund is concerned, the reason for going so far to buy the vehicle is irrelevant.

couriervanman

David713 said:

couriervanman said:

You drove 188 miles to buy a used car you couldn't test drive......WHY

As far as the OP's right to a full refund is concerned, the reason for going so far to buy the vehicle is irrelevant.

There is no way I'd buy a used car without a test drive.....its just asking for trouble rather wait until able to drive it  

pbartlett

Not sure if this adds any clarity or not

Car rejection — MoneySavingExpert Forum

Rejecting a car - your consumer rights | Expert Advice | The Car Expert