Rejecting a car (please help!)

DJB2985

Hi all, I hope everyone is well?  I'm really stressed right now and hoping some of you smart people could help me.

I brought a used car on Sunday evening.  I saw the ad on autotrader and it was listed as a Cat S, cosmetic issues but mechanically sound.  Up for £1500, I called and said I will go to £1200 and will come take a look today.  I told the trader on the phone I need something reliable, I'm not expecting a Porsche for a grand but need something that is going to get me from a to b without issues.  He assured me the car was mechanically sound, no issues and was a decent little car for its age.  I go view and test drive, very acceptable for the cars age and price.  I got the traders employee to get in and run through the gears as I thought I heard a slight knocking sound in idle.  I couldn't hear it again, neither could he.  He also assured me the car was reliable, had been checked by a mechanic etc.  I said for this money I just want a good year out of the car, to which he said easy I'll get a lot more than that.  He said the card reader wasn't working so I needed to pay via bank transfer (this starts to make sense now...).  He registered the car to me online there and then, have me an invoice and off so drove.

Short journey home absolutely fine.  Used the car for 5 minutes the next day absolutely fine.  Go to use it Tuesday (very cold) and it stalls as I start to pull away.  Fore it back up and let in warm for a minute and off I go.  I got about 100 metres and all the warning lights come on and it's in limp mode.  I pull over and turn engine off and on, another 20 metres and the same thing happens but now the engine cuts out.  I painfully limp the short distance home and then the engine won't start at all.  

I called Trader and tell him, he said to call him the following morning and he'll have a solution for me.  I texted him an outline of the conversation to put it in writing.  I struggled reaching him the next day but eventually he calls back and says the best he will offer is to get it fixed and split the bill with me.  I said that isn't acceptable and quoted my consumer rights.  At that point he gets very hostile, blaming me, refusing to help, saying I received a discount which covers problems with the car like this, shouting at me.  I repeated the consumer rights act stuff over and over and said I would take legal action if he continues to refuse rejection or offer repair at his cost.  He told me to do one and hung up.  I was unable to reach him again.  I texted summaries of the conversation to him, ignored.

I called the consumer helpline and they logged a complaint with Trading Standards and have me advice on a letter to send to the trader re: rejection.  I emailed the letter and posted it recorded. I gave a deadline of 7 days for their final answer. Called Motor Ombudsman but they aren't registered with them.

I got the AA out yesterday and they were unable to get it started, found s few things wrong like engine flooded with fuel and coil and sparks flooded with oil, but couldn't identify root causes. Towed to a local garage who will do a deeper inspection and give me evidence of what they find.

I emailed an update to the Trader today and said I will invoice them for the garage and tow fees and also once I get the car back will charge them £5 a day storage fee.  I made very clear this is all down to their refusal to accept the rejection or communicate with me.

I don't know whether to have the car towed from the garage to their trading address and dump it there with formal rejection letter.  My concern there is I will be liable for parking fines/clamping and basically anything that goes wrong with the car being there as I am the owner registered keeper.  What do you think I should do here?  The trader was a real nasty bit of work on the phone, I have no confidence in mine or the vehicles safety going there.

Have I missed anything?  Any advice from now?  I've kept a detailed diary of dates and all my actions and evidence.  Bank were unable to help as I paid with bank transfer.

The trader is a Ltd company and there line of work is buying, selling and leasing cars.  They have a number of other vehicles listed on autotrader right now.  Company profile seems really suspect, keeps going to get struck off but then that gets blocked/discontinued.

Really appreciate any advice.

pinkshoes

Put it in writing to them and send with proof of postage:

- car failed on 2nd day of ownership having done less than 10 (??) miles
- the AA could not get it started
- you had it towed to a garage who have said X, Y and Z are wrong with it.
- the car is not fit for purpose and not as described (refer them back to the advert and include a copy where it states "mechanically sound" so as per your Consumer Rights, you are rejecting the car for a full refund.
- ask them to contact you within the next 7 days to arrange the collection of the car and issue a full refund. State that if they fail to do this, you will have the car towed to them, then take them to court for a full refund, the cost of having the car towed, recovery costs (AA) and the garage inspection.

If they don't reply (supply an email address and try to keep things in writing) then just start the court process. It's done online and very straightforward.

DJB2985

pinkshoes said:

Put it in writing to them and send with proof of postage:

- car failed on 2nd day of ownership having done less than 10 (??) miles
- the AA could not get it started
- you had it towed to a garage who have said X, Y and Z are wrong with it.
- the car is not fit for purpose and not as described (refer them back to the advert and include a copy where it states "mechanically sound" so as per your Consumer Rights, you are rejecting the car for a full refund.
- ask them to contact you within the next 7 days to arrange the collection of the car and issue a full refund. State that if they fail to do this, you will have the car towed to them, then take them to court for a full refund, the cost of having the car towed, recovery costs (AA) and the garage inspection.

If they don't reply (supply an email address and try to keep things in writing) then just start the court process. It's done online and very straightforward.

Thanks so much for that Pinkshoes, I really do appreciate it.  Would you be able to shed any light though on where I stand being the registered owner and keeper of the vehicle in terms of liability if I just tow it back to their trading address?  You see they don't have their own forecourt or land, they rent a small services office and use the shared bays in the carpark outside the building.  So I would actually be transferring the vehicle to their own private land.  Also the address they trade from (where I picked up the car) is not attached to their Companies House info.  I'm just concerned that I would get parking fines, clamping, abandoned vehicle stuff etc coming to me and that they wouldn't accept the fact I had returned the car because my details would still be attached via DVLA.

DB1904

DJB2985 said:

pinkshoes said:

Put it in writing to them and send with proof of postage:

- car failed on 2nd day of ownership having done less than 10 (??) miles
- the AA could not get it started
- you had it towed to a garage who have said X, Y and Z are wrong with it.
- the car is not fit for purpose and not as described (refer them back to the advert and include a copy where it states "mechanically sound" so as per your Consumer Rights, you are rejecting the car for a full refund.
- ask them to contact you within the next 7 days to arrange the collection of the car and issue a full refund. State that if they fail to do this, you will have the car towed to them, then take them to court for a full refund, the cost of having the car towed, recovery costs (AA) and the garage inspection.

If they don't reply (supply an email address and try to keep things in writing) then just start the court process. It's done online and very straightforward.

Thanks so much for that Pinkshoes, I really do appreciate it.  Would you be able to shed any light though on where I stand being the registered owner and keeper of the vehicle in terms of liability if I just tow it back to their trading address?  You see they don't have their own forecourt or land, they rent a small services office and use the shared bays in the carpark outside the building.  So I would actually be transferring the vehicle to their own private land.  Also the address they trade from (where I picked up the car) is not attached to their Companies House info.  I'm just concerned that I would get parking fines, clamping, abandoned vehicle stuff etc coming to me and that they wouldn't accept the fact I had returned the car because my details would still be attached via DVLA.

Transfer the vehicle back into trade and once you've rejected it, it's not your car. 

DJB2985

And rejection is definitely complete the moment I serve that letter and drop the car off where I brought it?  It doesn't matter that they haven't accepted the rejection?  I just don't want any fines or legal action taken against me by the council or land owner etc for dumping a vehicle.  I really appreciate your help, thank you.

Ectophile

Can I add a big warning to the advice you have been given?

If the company is as shady as you think it is, then there's a risk that it will be struck off before you have successfully recovered your money through the court. If that happens, you will have no car and no money.  You will be an unsecured creditor of a company that's gone bust.  That's the risk of buying from dodgy dealers.

DJB2985

Ectophile said:

Can I add a big warning to the advice you have been given?

If the company is as shady as you think it is, then there's a risk that it will be struck off before you have successfully recovered your money through the court. If that happens, you will have no car and no money.  You will be an unsecured creditor of a company that's gone bust.  That's the risk of buying from dodgy dealers.

This is really alarming to hear.  Do I have any other options to not lose here?  If the garage comes back with a figure to repair thats reasonable could I pay to have it fixed and then claim that smaller amount for the repair back from the trader, in court if necessary?  Unbelievable to think I drove around 20 miles in it before it packed up.  It must have been hanging on a thread when I brought it.  I have the ad now and it clearly states "Very reliable, mechanically sound, no engine problems".

DB1904

DJB2985 said:

Ectophile said:

Can I add a big warning to the advice you have been given?

If the company is as shady as you think it is, then there's a risk that it will be struck off before you have successfully recovered your money through the court. If that happens, you will have no car and no money.  You will be an unsecured creditor of a company that's gone bust.  That's the risk of buying from dodgy dealers.

This is really alarming to hear.  Do I have any other options to not lose here?  If the garage comes back with a figure to repair thats reasonable could I pay to have it fixed and then claim that smaller amount for the repair back from the trader, in court if necessary?  Unbelievable to think I drove around 20 miles in it before it packed up.  It must have been hanging on a thread when I brought it.  I have the ad now and it clearly states "Very reliable, mechanically sound, no engine problems".

If they wind up a limited company without paying and you don't get in to enforce, then no. 

DJB2985

Can I take The Director to court personally then perhaps?  If he has refused my legal right, surely that means he has broken the law and loses the Ltd company protection?

For the £80 filing fee I have to do it.  If I don't take them to Court I have absolutely no chance of reclaiming my losses if the car is beyond reasonable repair.  What's another 80 quid on a bad situation eh.

DB1904

DJB2985 said:

Can I take The Director to court personally then perhaps?  If he has refused my legal right, surely that means he has broken the law and loses the Ltd company protection?

For the £80 filing fee I have to do it.  If I don't take them to Court I have absolutely no chance of reclaiming my losses if the car is beyond reasonable repair.  What's another 80 quid on a bad situation eh.

No, your claim lies with the limited company you bought from. 

DJB2985

DB1904 said:

DJB2985 said:

Can I take The Director to court personally then perhaps?  If he has refused my legal right, surely that means he has broken the law and loses the Ltd company protection?

For the £80 filing fee I have to do it.  If I don't take them to Court I have absolutely no chance of reclaiming my losses if the car is beyond reasonable repair.  What's another 80 quid on a bad situation eh.

No, your claim lies with the limited company you bought from. 

Thank you.  It actually costs hundreds to a get a claim into a hearing at Small Claims Court doesn't it.  £70 online filing fee, then other costs on top like hearing fee.  I've been well and truly stuffed here haven't I.