Distance selling dealership refusing to accept rejection of dangerous car and refusing refund

Nos4rtu

Hi all,
A friend who isn't particularly internet savvy has had a car delivered by an online car sales company.
 It arrived in the dark on 24th December. In the cold light of day it's very obviously not fit for purpose (3 tyres right on the limit, one with a nail in and needs replacing, and a dangerous fault with the power steering cutting out randomly on sharp corners).
She sent an email rejecting it under distance selling regulations before 7 days were up, but they were closed.
She's spoken to them on the phone and they won't even tell her who she's speaking to. They've put it in writing that they are refusing to refund for the car and are saying 'you might have crashed it or damaged it' etc. They haven't inspected it and have no grounds for saying that.
I advised her to go to the CAB, which she's done, and another 2 emails have been sent rejecting the vehicle under both the Consumer Rights act AND the Distance selling regulations.
She's now going to put these on paper and send the company director at both the registered office AND the showroom (2 different places/addresses and the company trades under a different name than is in companies house)  a copy of these letters.

1) As the vehicle has been rejected under the DSR, who is responsible for the insurance and road tax now? It's dangerous to drive (And not in use because of both this and the rejection) and she's currently stuck without a vehicle because of this. It's parked on a public road.

2) What next?

Aylesbury_Duck

1. She still is, until it's formally returned to or collected by the seller.

2. Send the dealer a LBA saying she'll pursue court action if they don't collect the car and refund her in 14 days.

Nos4rtu

Thanks.

I assume that as they've already refused to refund then immediately would be the best time to send an LBA?

Ergates

Yes - nothing to be gained by delaying it.

Grumpy_chap

Nos4rtu said:

Hi all,
A friend who isn't particularly internet savvy has had a car delivered by an online car sales company.
 It arrived in the dark on 24th December. In the cold light of day it's very obviously not fit for purpose (3 tyres right on the limit, one with a nail in and needs replacing, and a dangerous fault with the power steering cutting out randomly on sharp corners).
She sent an email rejecting it under distance selling regulations before 7 days were up, but they were closed.
She's spoken to them on the phone and they won't even tell her who she's speaking to. They've put it in writing that they are refusing to refund for the car and are saying 'you might have crashed it or damaged it' etc. They haven't inspected it and have no grounds for saying that.
I advised her to go to the CAB, which she's done, and another 2 emails have been sent rejecting the vehicle under both the Consumer Rights act AND the Distance selling regulations.
She's now going to put these on paper and send the company director at both the registered office AND the showroom (2 different places/addresses and the company trades under a different name than is in companies house)  a copy of these letters.

1) As the vehicle has been rejected under the DSR, who is responsible for the insurance and road tax now? It's dangerous to drive (And not in use because of both this and the rejection) and she's currently stuck without a vehicle because of this. It's parked on a public road.

2) What next?

Is this definitely a full remote purchase?

If so, forget mention of the car's condition and reject under the CCR:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Do this TODAY (so there can be no argument over the 14-days).  Do this in writing and by e-mail.

Is it a large supplier, or a small back-street garage?

Sandtree

And dont mention the distance selling regs given they dont apply but were replaced with the consumer contracts regulations

powerful_Rogue

Off topic, but tyres right on the limit is legal. Under the limit illegal.

Jenni_D

Supplementary question - how did she pay? If any of the amount was on credit (e.g. credit card) then she also has Section 75 protection to fall back on.  

bris

Sorn the car and as long as it's off the public road then there is tax or insurance to pay.

diinozzo

bris said:

Sorn the car and as long as it's off the public road then there is tax or insurance to pay.

If it's off the public road there is NO necessity to pay tax or insurance...but it has been stated it IS on the public road.

Alderbank

Who is the registered keeper?