Update to my rejection of faulty used car

DJB2985

Hi All,

I posted some weeks ago asking for advice on how to reject a faulty used car under the consumer rights act.  I purchased the car from a dealer on the Sunday evening and 2 days later and less than 20 miles later it broke down and became a total non runner.  In contacting the dealer to request it be fixed I was basically told where to go and from there they ignored all communication from me.  I did everything by the book, contacted citizens advice, sent the right letters and eventually started a claim through the small claims court.  I still received no communication from them but eventually, a few weeks after the court claim they emailed to say sorry for the delay my emails had gone to their spam folder (lies and in any case I had sent recorded letters, texts, spoken on the phone).  They accused me of being abusive and that from my very first call to them they had offered to fix the car at their cost.  This story will not add up as there are several written requests from me asking for just this with no reply from them.

I paid £1200 for the car, advertised as reliable, no mechanical or engine faults.  Since the break down I incurred other expenses like having to have it towed.  My claim with the court is for about £1380 and this was me not including the costs of keeping it insured etc.  So in the end I email them an offer refund me the £1200 I paid quickly before the court deadline and I will waive my other losses and for them to collect the car.  They eventually (they always take a number of days to respond) confirmed in an email if I return the car to them they would refund me £1200.  So another £80 later I have the car towed to them on Friday.  The recovery vehicle driver got them to sign for it and all seemed good, my rejection complete.  I had asked for the refund to be made the same day, but of course received nothing.  I chased this yesterday and they replied saying they tried to refund but online banking system is down and that they would try again shortly.  10 minutes later they email again saying they have just been made aware I did not return the vehicles service history book and thus they cannot offer a refund until they receive this.  At no point was this ever mentioned but I admit I had it filed away and totally forgot to send it back.  I offered to drive it up to their office that night or the next day or post it, but that this should not delay my refund as they have accepted my rejection of the vehicle.

They are adamant that until they receive the document I am getting nothing.  The deadline for the court is Tuesday and they have said they will be requesting more time.  I have said that my good will gesture of waiving my additional losses for a timely refund outside of court expires at that deadline and I will then be seeking the fill amount, which has since increased via court.  They will not allow me to visit their office to return the service history document and have requested it be posted.

My concern is that dealing with such dishonest people that even sending the document recorded they are going to claim I didn't send it or that it was missing parts etc.  Would anyone know how much of a leg they have to stand on holding me up for my refund based on this service history book they never mentioned and only brought up after accepting the rejection of the car?  

They have constantly stalled, made untrue claims and in general "gas lighted" i.e. ignored my requests for information and then when I chase accuse me of being unreasonable and harassing, yet still never provide the information.  I have seen some other reviews online for them and it seems others have experienced the exact same.

Any advice on how to proceed much appreciated.  Should I just hold on to the document they have requested and proceed through court now for the full claim amount, waiting for the court to instruct me on what to do?  Will the fact they have confirmed in writing they have accepted my rejection mean the court win is guaranteed?  This is very difficult to put across in words here, but their agreement go refund etc is just lip service and they will use it to make me look unreasonable to court for not meeting their simple requests, where the finish line is constantly moved.

DJB2985

Sorry one other question....at their request I have the full v5 document over with the car as they said they need it to put the car into trade.  Should I still inform the DVLA I don't have the vehicle anymore?  And if so is the way to go just to say I have sold it to the motor trade and give the company details?  I was just unsure as technically I haven't sold it, I returned it for a refund.  They have ignored my requests to confirm they have taken the vehicle out of my name or to provide me with the information I need to assign the car to them with the DVLA.

Marvel1

Yes, tell the DVLA yourself: https://www.gov.uk/sold-bought-vehicle don't rely on them.

If you don't have the V5 as not clear from above as you say you have the full document and then not providing you the information needed - 

If you do not have a log book you must write to DVLA with - https://www.gov.uk/sold-bought-vehicle/y/no/sold-it/sold-it-to-a-motor-trader

• your name and address
• the vehicle registration number
• the make and model
• the exact date of sale
• the name and address of the new keeper

DVLA
Swansea
SA99 1BD

Service book to be honest if I was rejecting a vehicle, I would have ensured I would have returned everything that came with it, but that's done, however they can't stop you visiting the office and dropping off the service book - video yourself handing it over too.

DJB2985

Marvel1 said:

Yes, tell the DVLA yourself: https://www.gov.uk/sold-bought-vehicle don't rely on them.

If you don't have the V5 as not clear from above as you say you have the full document and then not providing you the information needed - 

If you do not have a log book you must write to DVLA with - https://www.gov.uk/sold-bought-vehicle/y/no/sold-it/sold-it-to-a-motor-trader

• your name and address
• the vehicle registration number
• the make and model
• the exact date of sale
• the name and address of the new keeper

DVLA
Swansea
SA99 1BD

Service book to be honest if I was rejecting a vehicle, I would have ensured I would have returned everything that came with it, but that's done, however they can't stop you visiting the office and dropping off the service book - video yourself handing it over too.

Thanks for the reply.  I have them the entire V5 which they asked for.  I did however take photos so I have the info needed to change details with the DVLA online.  There just wasn't an obvious category for me to follow as it is worded as me having sold them the car, which I haven't, but it seems that doesn't really matter and that's how I do it.

Yes total oversight on my part with the service history document.  They say their office is not often staffed and due to work commitments today is the last day until next weekend I can drive to their office to hand it back, which they have said no to.  It being a Sunday I guess does give them s good excuse on this.  I'm just so hesitant to post it to them fearing they will claim I didn't include something or that it wasn't them that signed for it etc.  They are really playing up the angle that the car is useless to them without the service history document and this is clearly what they are going to try to use to avoid refunding me.  

born_again

Get someone to ring them up from another number. If they answer then pop over & don't leave till you see the transfer made. 

DJB2985

born_again said:

Get someone to ring them up from another number. If they answer then pop over & don't leave till you see the transfer made. 

I thought about that but for a few reasons opted not to.  They are gas lighting, accusing me of being harassing and abusive (fortunately I recorded calls and have kept all correspondence) but I'm certain me showing up will see them refuse to accept the document, call the police, goad me etc.  They confirmed they do not want me at the office and want it posted.  I confirmed that this is there wish and that I feel hand delivery was the more reliable option but I will adhere to their instruction.  I have just posted it tracked and signed for.  Should it "not arrive" I have to believe the court could just take one look at the chain of communication and see what they are up to.

caprikid1

Unfortunately as you have identified anyone bottom feeding at this level of the market will be very experienced at dealing with Consumer legislation. There is a natural assumption people make that if the law is on their side they will be fine, but in the case of civil disputes such as this there is still the need to enforce it which can be time consuming and not always as simple as it first appears with delaying tactics, lies and game playing.