visa chargeback for faulty car -Distance sale

macman

Your wife doesn't need to be Engineer of the Year to notice that the driver's door is 'badly dented and doesn't shut properly'. If she was unable to do the most cursory inspection then you should have arranged to be at home when it was delivered.
Service history: whether you visit the dealer or not, they are perfectly capable of emailing you a copy of the service record if asked. The time to do this is before you pay, not after.
if you've already sent an LBA, giving a schedule for court proceedings, then you've already answered your own question: you should proceed as per the advised schedule. If you don't, they'll know you're not serious and continue to ignore you.

burlingtonfl6

So you don't do part worn on convertibles......but you would on a hatch back or estate? 

Serious point though, I think people still think of banger cars as sub £1000 examples but it's 2021 not 2001.

 I'd actually say that that barrier is now £2000.

Aylesbury_Duck

lydecker_777 said:

Aylesbury_Duck said:

Anthony147 said:

Normally I just read these posts and let them wash over me especially given I have no love or trust for car dealers but jeez there has been such a glut of similar posts recently I find them incredulous.

Car bought for £2550, ten years old with 75k on it.
Customer wants new tyres as they don’t do part worns on convertibles, a door replaced, a service and possibly a timing chain - they estimate £800 and bought it from 200 miles away.

Believe me I have absolutely no good feelings towards car dealers but come on - Expectations need to be matched to what you’re buying, it’s age and expected lifecycle.

Stop buying OLD cars for 10% of their original costs or lower expectations to realistic levels for cars approaching end of life.

Which they would have had to buy anyway, if they "don't do part worns", so the tyres aren't an extra expense in that sense.

hi, cheers for all your comments,  i know it might come across as being picky, but trust me we arent ! the tyres are perished, which makes them unsafe for use on the roads, most people look at the tread, but dont realise the sidewalls perish aswell..the car had just been moted prior to delivery, with an advisory for one tyre, however on inspection all four are knackered, with one being badly out of shape, the tyres have a pressure sensor fitted in the valves so most part worn places wont touch them round here.. besides these days the part worns are usually old winter tyres from europe which isnt ideal for a convertible car. The car dealership emailed and said th car had a digital service history with peugeot, once we received the car, using the vrn i tried to obtain the service history, theres none.. Also the drivers door has dropped, is badly dented on the outer edge and at some point the restraint plate has broken causing the door to open more than it should and denting the wing.. ..the timing chain is noisy which will require replacement..other faults include various bulbs being out etc...all pointing to a friendly mot..

people may criticize but the point isnt the inital costs of the tyres and the door, but what else, lack of service history means vital components such as the timing chain, oils etc have to be replaced for peace of mind,, other components that have been neglected will fail and cause further grief..

the car isnt what is advertised, the dealer has cut corners, and we are asking for advice on how to return it for a refund..
cheers

In fairness, when you're paying as little as £2550 for a car, you must expect that some things won't be pristine or immune from failure, even with a service history.

I think you have a winnable case in small claims court because the car isn't as described.  My concern for you is that given your experience isn't a unique one, that there soon might not be a dealer from which to claim or by the time you get to court and you do win, they don't have the money to pay up.

pbartlett

if you win the judgement kick.it up to the high court baliffs who will sieze assets if they have any.

Manxman_in_exile

It's not just a case of not as described, is it?  If it qualifies as a "distance sale" I suspect that this dealer won't have supplied (in a durable form) to the OP the information required by statute regarding cancellation rights and estimated return costs.  And if they haven't done that the cancellation period is extended to a year plus a day.  (I'll admit I may have got some of the detail wrong there but isn't this the point unholy_angel and the _lunatic_is_in_my_head keep banging on about?).

The OP needs to get a LBA in pronto - and even then they may be lucky to get anything out of the dealer who I suspect won't be around for much longer.

Having said that, buying a car from someone 200 miles away, and not being present when it is delivered, is just madness.  If, or rather when, it goes wrong, what do you do?

neilmcl

Manxman_in_exile said:

It's not just a case of not as described, is it?  If it qualifies as a "distance sale" I suspect that this dealer won't have supplied (in a durable form) to the OP the information required by statute regarding cancellation rights and estimated return costs.  And if they haven't done that the cancellation period is extended to a year plus a day.  (I'll admit I may have got some of the detail wrong there but isn't this the point unholy_angel and the _lunatic_is_in_my_head keep banging on about?).

The OP needs to get a LBA in pronto - and even then they may be lucky to get anything out of the dealer who I suspect won't be around for much longer.

Having said that, buying a car from someone 200 miles away, and not being present when it is delivered, is just madness.  If, or rather when, it goes wrong, what do you do?

It's not just that. Anyone who buys anything over the interweb knows full well that they may have to return the item, whether there's a fault or not, and therefore should perform some due diligence on how easy (or not) this is going to be. Buying a car is no different to buying a sofa, or pair of jeans in this regard.

burlingtonfl6

neilmcl said:

Manxman_in_exile said:

It's not just a case of not as described, is it?  If it qualifies as a "distance sale" I suspect that this dealer won't have supplied (in a durable form) to the OP the information required by statute regarding cancellation rights and estimated return costs.  And if they haven't done that the cancellation period is extended to a year plus a day.  (I'll admit I may have got some of the detail wrong there but isn't this the point unholy_angel and the _lunatic_is_in_my_head keep banging on about?).

The OP needs to get a LBA in pronto - and even then they may be lucky to get anything out of the dealer who I suspect won't be around for much longer.

Having said that, buying a car from someone 200 miles away, and not being present when it is delivered, is just madness.  If, or rather when, it goes wrong, what do you do?

It's not just that. Anyone who buys anything over the interweb knows full well that they may have to return the item, whether there's a fault or not, and therefore should perform some due diligence on how easy (or not) this is going to be. Buying a car is no different to buying a sofa, or pair of jeans in this regard.

A used decade old car at banger money is a bit different than buying a pair of new jeans from next.

It's a stupid rule and both buyers and dealers who operate this way with old cars are asking for trouble.

macman

There is simply no need to 'go '(virtually speaking) 200 miles to buy a car like this. Autotrader currently lists 18 Pug 207CC's within 50 miles of me at a price of £2.5K or less. 
Unless the OP is in the Scottish Highlands, they are likely to have a similar choice.

born_again

pbartlett said:

 If by card then charge back/ s75 would stand a good chance if you just stick to the fact that under law you are entitled to reject within 14 days and the garage refused - don't get into discussions about bulbs, tyres etc

Except that chargebacks do not cover the right to a refund under your consumer rights.

You have to comply with the card regulations. So in this case (goods not as described) so car has to be back with dealer (op has not), you have to provide proof of problem (op has) Proof of what expected & what received. 

I've said this many times before.
Chargebacks are over & above your consumer rights. As you said. Far better in this case to exercise the right to reject (drive it back to dealer) and take it from there. Better via court.

From experience retailer would reject chargeback & OP could end up without car & money.