When rejecting a broken down car - who pays for transportation of vehicle?

panvulcon

Hi, I’ve searched the forums and read the consumer rights act 2015 but cannot find a specific answer to my question. Hopefully somebody can help.

I purchased a used car for £9k two weeks ago today from a car dealer and on day two I had a major coolant leak. Ive waited two weeks to have a nearby mechanic look at it for me. To add insult to injury the mechanic has today advised that the coil/suspension is also cracked and as a result the car is not safe/fit to drive anywhere.

The total cost of repair is £400. Now ideally I would still like to keep the car and I remain optimistic that the dealer will do the right thing and offer to pay for repairs; however, should the worst happen and I have to reject the car, who pays for transportation of the vehicle? The reason I ask is because the dealer is some 200 miles away, a 3 hour drive! 

GrumpyDil

Simple answer is you choose to buy the car from a dealer 200 miles away so your responsibility to return it. 

When was the car MOT'd as it will be difficult to prove that the springs were broken when you purchased it and didn't break during the time you have had it. 

panvulcon

Yes I chose do this, however It’s broken down NOT drivable 😂 … on day 2 of ownership on a 9k car! It’s not like I’ve change my mind and just don’t fancy the colour or something!

… and you don’t need to prove anything within 30 days, it’s for the dealer to prove otherwise.

to answer your question, it had 9 months MOT.

AdrianC

If it was a totally distance sale, and the vendor delivered the car to you, then it's their problem.

If you collected it or visited pre-purchase, then it's yours.

It's one of the things you need to take into account when deciding to buy from 200 miles away.

Springs crack. They're virtually a consumable.
The coolant clearly wasn't leaking at the time of purchase.

sheramber

Did you get any warranty with the car?

panvulcon

I’m not asking if you find it reasonable, morally correct or attainable to send such a car back. The fact is, consumer law covers this. I’m confident of that …imo I think that it is morally reasonable to request a refund or repair when spending 9k on a car that on day 2 cannot be driven due to a (significant) fault. 

What I’m asking is, has anybody had experience of this scenario - a broken down vehicle within 30 days of purchase from a dealer; either from the customers point of view or the sellers and if so, who paid for collection?

In addition to this, if anybody can post any relevant legislation highlighting expenses in relation to rejecting a vehicle please post a link  👍 

panvulcon

sheramber said:

Did you get any warranty with the car?

They gave me one of those warrantywise three  month covers BUT upon calling them, they couldn’t find me on the system. I tried car reg, postcode and email. Tbh I doubt the dealer registered the car and doubt even more that warrantywise will be interested. From previous experience.

panvulcon

… think I may have found my answer.

https://www.lawgistics.co.uk/blog/legal_updates/the-short-term-right-to-reject-under-the-consumer-rights-act-2015/

neilmcl

panvulcon said:

Yes I chose do this, however It’s broken down NOT drivable 😂 … on day 2 of ownership on a 9k car! It’s not like I’ve change my mind and just don’t fancy the colour or something!

… and you don’t need to prove anything within 30 days, it’s for the dealer to prove otherwise.

to answer your question, it had 9 months MOT.

Wrong. When exercising your short term right to reject the burden of proof lies with the buyer.

photome

panvulcon said:

… think I may have found my answer.

https://www.lawgistics.co.uk/blog/legal_updates/the-short-term-right-to-reject-under-the-consumer-rights-act-2015/

In that document it states

other than any cost incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them”.

which echoes the post by Adrian that if you visited the show room and picked the car up its your responsibilty, but I dont think you answered wether or not  it was a distance sale

AdrianC

panvulcon said:

I’m not asking if you find it reasonable, morally correct or attainable to send such a car back. The fact is, consumer law covers this. I’m confident of that … 

What age and type of vehicle? £9k could be 3yo, and the MOT in question is its first. Or it could be a 15-20yo expensive and temperamental car.

Springs crack - is it reasonable to expect a cracked spring on, say, a 5yo+ car? Yes.
Coolant can leak for a myriad of reasons, including foreign object damage while driving. If a stone's gone through your rad, is that the supplier's problem? No.

In addition, I hope you had the supplier's agreement to get your mechanic to work on it... Because it could be easy for them to disclaim responsibility on the basis of your guy's bad workmanship.