Dealer will not accept return of online purchased car

Davep234

I purchased the car online, based on photos and description, it was well priced but not cheap. Car was delivered. On delivery, they told me auto-gearbox had a warning light that it would not engage park. Then they left. There is in fact a long list of significant problems, including an actual gearbox problem (it won't engage park) and that the engine number does not match the v5 at all. I have had the car a week. I have had an AA inspection report to confirm the full list of problems.
The dealer advertised a 14day return policy for online purchase, and I believe I have 30 days under consumer law. But the dealer is refusing to accept return, he is unpleasant and threatening. He is calling me a cheat and calling the AA inspector a liar who I have 'paid off'.  The car has suffered an attempted break-in whilst I've had it, causing some bodywork damage. I believe i have purchased a seriously dodgy car that will be too expensive to consider repairing from a crook of a dealer who is not part of motoring ombudsman scheme. I even suspect the break-in attempt was the dealer himself, but obviously have no evidence.
I need help to i) get the dealer to accept return, and ii) to get my money back. Where can I turn for help?

pinkshoes

How did you pay for the car?

born_again

Why accept the car in the 1st place. Really should have told them to take it back when delivered.

Davep234

Paid by bank transfer. Dealer would only deliver once funds were received.
There are many lessons to be learned here, but I'm asking for help on how to exercise my rights as a consumer where the seller is refusing.

born_again

How far away is dealer?


https://www.gov.uk/make-court-claim-for-money

MEM62

Davep234 said:

I'm asking for help on how to exercise my rights as a consumer where the seller is refusing.

Litigation.  

Davep234

Thanks, how do i start litigation, who do I need to engage? 

Davep234

And if I do start litigation and it takes longer than 30 days, as it inevitably will, how does this affect my 30 days right-to-return rights?

tacpot12

Do you have Home Insurance, and if so, do you have Legal Expenses cover? If so, call the legal helpline today. 

I expect that you will need to get the bodywork damage repaired by your insurer, or a specialist firm such as ChipsAway, but before engaging anyone to do the repairs, you need to agree that the dealer will take the car back.

If you don't have legal expenses cover, you might want to consider hiring a solicitor, or learning about the Consumer Rights Act in some detail to that you can run your own case. (Do you have time to become a legal expert?)

You (or your solicitor) need to write to the dealer stating the basis on which you are rejecting the car: if it is clear that your car can be returned under the 14 day return policy (i.e. you are within 14 days and the policy allows the car to be returned with fair wear and tear) then you might use their returns policy, but it might be better to return it for a refund under the Consumer Rights Act. (You need to say which it is). You also need to tell them why you are rejecting the car: i.e. it is not as described ("significant faults present that were not described to you until after you had paid for it") and not of satisfactory quality (list the significant faults that you have found). 

If the car is not driveable, you need to explain why this is so and make it clear that you will facilitate their collection.
If the car is drivable, check the contract to see whose responsibility it is to return the car, and if it is yours take the car to them. You will need to post the letter to them anyway - get a proof of posting (free) from the Post Office and keep this safe. Take a copy of the letter if you return the car to them.  Tell them that you will take legal action to recover your money. You don't need to be unpleasant, but you do need to convince them that you are serious and you have the cash to finance a legal case against them. Let them have some time to think about whether their decision is final, and make a note of exactly what they say as soon as you have left their premises. 

Unless you receive legal advice to the contrary, I would suggest that you mention that damage and that you will have the cost dealt with by your insurers. Don't offer to pay them for the time that they can't sell the car. Call your insurers today and put them on notice. They may have more advice for you. 

Have a read of this: Rejecting a car - your consumer rights | The Car Expert

I would not worry about their mud slinging at the AA report/engineer at this stage. 

The litigation will take longer than 30 days, but this doesn't matter. The 30 days is measured from the time you bouht the car to the time you reject it. The dealer cannot stop you rejecting the car as this is done in writing. This is why the proof of posting is important is it sets the time that the dealer was served notice that you are rejecting the car. 
 

Davep234

Thanks for this good summary above. AA Home insurance won't help with motor cover (must be some irony there). I have sent the dealer a registered letter summarising reason for return and which elicited a rude response but establishes formally my reason for return. I have also now found and approached Stormcatcher who have experience in these matters and say they will help me, for fees less than the solicitor I approached. I will update progress here for others who may be interested.

GrumpyDil

Unless this is a very expensive car you will need to be very careful on fees as if this goes via the small claims track of the county court you will not be able to recover legal fees.