Distance selling - cost of returning a vehicle

systemparadox

Bought a used car online, arrived today - discovered the clutch is really high, not currently slipping but very little wear left. Our current car is exactly the same model just 5 years older and we literally just had the clutch done a couple of months ago so I have a pretty good basis for comparison. Local garage agreed with me, fine right now but not a lot of wear left. If we'd been buying in person we'd have test driven this and then taken £1000+ off or walked.

Seller not willing to negotiate on the price at all, so back it goes. He wants us to pay the cost of returning (£200).

I'm very familiar with asserting my rights when returning faulty items bought off ebay. If it's faulty they pay, if it works but I didn't like it or changed my mind, I pay. But it's not "faulty", yet, it just doesn't have the amount of life left I'd expect. As far as I'm concerned the wear is excessive for the age/mileage and the price of the car - I could argue "not as described", but it seems like a really grey area. Anyone got any advice for dealing with wear and tear issues with distance selling?

He didn't provide any terms and conditions and none are available on his website, also we've never bought a car like this before so we specifically asked how this works, what the costs were, returns, etc. and he still didn't say we'd have to bear the cost of returning it. It would appear he isn't in compliance with section 8 of the distance selling regulations which state he should provide this information, but the regulations don't specifically state that the cost of return is therefore his problem. Does anyone have any experience with the legal position on this?

Thanks.

powerful_Rogue

systemparadox said:

Bought a used car online, arrived today - discovered the clutch is really high, not currently slipping but very little wear left. Our current car is exactly the same model just 5 years older and we literally just had the clutch done a couple of months ago so I have a pretty good basis for comparison. Local garage agreed with me, fine right now but not a lot of wear left. If we'd been buying in person we'd have test driven this and then taken £1000+ off or walked.

Seller not willing to negotiate on the price at all, so back it goes. He wants us to pay the cost of returning (£200).

I'm very familiar with asserting my rights when returning faulty items bought off ebay. If it's faulty they pay, if it works but I didn't like it or changed my mind, I pay. But it's not "faulty", yet, it just doesn't have the amount of life left I'd expect. As far as I'm concerned the wear is excessive for the age/mileage and the price of the car - I could argue "not as described", but it seems like a really grey area. Anyone got any advice for dealing with wear and tear issues with distance selling?

He didn't provide any terms and conditions and none are available on his website, also we've never bought a car like this before so we specifically asked how this works, what the costs were, returns, etc. and he still didn't say we'd have to bear the cost of returning it. It would appear he isn't in compliance with section 8 of the distance selling regulations which state he should provide this information, but the regulations don't specifically state that the cost of return is therefore his problem. Does anyone have any experience with the legal position on this?

Thanks.

The Distance Selling Regulations 2000 were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To me, this would be a change of mind return. Was it described as having a new clutch or did you ask when the clutch was last replaced? If not, then how is the car not as described?

Mileage/age doesn't mean everything - It could have been owned by someone that drove everywhere in 1st/2nd gear.

If you wasn't provided any information on who pays for the return postage, then it will be the car dealer. However if they keep refusing, you will have some decisions to make. First and foremost, stop driving the car.

How did you pay?

CKhalvashi

powerful_Rogue said:

systemparadox said:

Bought a used car online, arrived today - discovered the clutch is really high, not currently slipping but very little wear left. Our current car is exactly the same model just 5 years older and we literally just had the clutch done a couple of months ago so I have a pretty good basis for comparison. Local garage agreed with me, fine right now but not a lot of wear left. If we'd been buying in person we'd have test driven this and then taken £1000+ off or walked.

Seller not willing to negotiate on the price at all, so back it goes. He wants us to pay the cost of returning (£200).

I'm very familiar with asserting my rights when returning faulty items bought off ebay. If it's faulty they pay, if it works but I didn't like it or changed my mind, I pay. But it's not "faulty", yet, it just doesn't have the amount of life left I'd expect. As far as I'm concerned the wear is excessive for the age/mileage and the price of the car - I could argue "not as described", but it seems like a really grey area. Anyone got any advice for dealing with wear and tear issues with distance selling?

He didn't provide any terms and conditions and none are available on his website, also we've never bought a car like this before so we specifically asked how this works, what the costs were, returns, etc. and he still didn't say we'd have to bear the cost of returning it. It would appear he isn't in compliance with section 8 of the distance selling regulations which state he should provide this information, but the regulations don't specifically state that the cost of return is therefore his problem. Does anyone have any experience with the legal position on this?

Thanks.

The Distance Selling Regulations 2000 were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To me, this would be a change of mind return. Was it described as having a new clutch or did you ask when the clutch was last replaced? If not, then how is the car not as described?

Mileage/age doesn't mean everything - It could have been owned by someone that drove everywhere in 1st/2nd gear.

Completely correct.

Just for the record, we seem to have ended up with a van with a high clutch that's been like that for at least the last 3 years/100000 miles. As someone who drives an automatic for a car, that's a nasty surprise when jumping in it but it does spend about 90% of its time in 6th gear at a cruise speed. It'll be leaving the fleet as soon as the replacement arrives (it's one of the oldest we have on 271k miles and will hopefully be going with the original clutch still intact.

Grumpy_chap

If this was a wholly remote purchase, which it sounds like it was, then do not complicate matters by referencing faults etc.  In the first 14 days, the vehicle can be rejected under the CCR:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

the_lunatic_is_in_my_head

Grumpy_chap said:

If this was a wholly remote purchase, which it sounds like it was, then do not complicate matters by referencing faults etc.  In the first 14 days, the vehicle can be rejected under the CCR:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

OP should inform the trader they are cancelling their contract, mention of rejecting goods goes back to being confused with faults/CRA  

km1500

yes can be rejected but I think the argument was who pays for it to be returned.

powerful_Rogue

km1500 said:

yes can be rejected but I think the argument was who pays for it to be returned.

That's already been covered, the dealer does if they didn't provide any documentation stating who lis liable for the return. Also, as in the post above yours, it's not being rejected, the contract is being cancelled.

Personally, even with the law on your side it would be a battle. I would personally pay the £200 for the return, get the refund for the car and then look at claiming the £200 back.

If this is a small car dealers, then quite a few have history of winding up the company and opening under a new name the next day - That would leave you with no option of getting a refund.

Jenni_D

I don't think OP says, but this sounds like a Cinch/Cazoo type of seller. Is there a satisfaction guarantee?

Might help if @systemparadox can clarify.

macman

Yet another instance of someone buying a used car at some distance and failing to road test it? OP may well be able to return it under CCR, but in this case my sympathies are with the dealer.

powerful_Rogue

macman said:

Yet another instance of someone buying a used car at some distance and failing to road test it? OP may well be able to return it under CCR, but in this case my sympathies are with the dealer.

Espeically when the OP was 'clutching' at straws trying to imagine a fault.

Jenni_D

I see what you did there.