Distance selling - cost of returning a vehicle

systemparadox

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

Ah thanks for this, I had no idea these had been replaced.

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.

Road test is literally the first thing I did when it arrived. Unless you are saying one should never buy cars using distance selling?

First and foremost, stop driving the car.

Car hasn't been touched since the initial road test on arrival.

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

It's a small business seller who seems to do a lot of distance sales. He's not part of any larger organisation or franchise. Has not provided any official terms and conditions, just that "normal distance selling rules apply".

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?

Clutch was not mentioned, so yes "not as described" isn't clear cut. Could probably claim some level of "reasonable expectation" but yes this seems very grey.

How did you pay?

Paid via bank transfer. Should I consider getting the bank to try reversing the charges or would that just complicate things and look bad in court?

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.

Lovely. I don't think I will buy a car using distance selling ever again.

Jenni_D

Your chances of a bank transfer reversal are as high as Sir Keir Starmer's chances of winning the current Tory leadership election.  

pinkshoes

If the advert didn't mention the clutch condition then you cannot reject it as not as described. 

You can return it under distance sales and changing your mind and it would be you who pays return costs. 

macman

You cannot reverse a bank transfer.  As Lidl say, 'when it's gone, it's gone'.

SiliconChip

systemparadox said:

Road test is literally the first thing I did when it arrived. Unless you are saying one should never buy cars using distance selling?

We wouldn't say exactly that, but it must be obvious to you that road testing after the purchase has concluded and the seller already has your money is no substitute for doing the test before you buy. The only vehicle I would consider buying at a distance without testing first is a brand new one that comes with full manufacturer warranty.

macman

Why would anyone buy a used car that they haven't seen or road tested, from an online dealer they haven't met (and might not actually exist), and pay by a method that offers no chance of a chargeback or S75 if the deal goes sour? Is it a vehicle that is rare and only available at a distance?
It baffles me every time.

systemparadox

macman said:

Why would anyone buy a used car that they haven't seen or road tested, from an online dealer they haven't met (and might not actually exist), and pay by a method that offers no chance of a chargeback or S75 if the deal goes sour? Is it a vehicle that is rare and only available at a distance?
It baffles me every time.

Seems to be becoming more and more of a thing since covid. Also in our area the prices are a good 10-20% extra or more.

Success! We did get all our money back!

Not sure I'm keen on trying this again though.