Dealer will not accept return of online purchased car

born_again

Perhaps OP might like to post how much the car was & what age?

Manxman_in_exile

Davep234 said:

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.

You wouldn't be asking about motor cover though, would you?  If you have legal expenses cover on your home insurance you are looking for legal assistance to sue a car dealer who refuses to allow you to exercise your legal rights under consumer legislation to reject the goods ( which just happen to be a car) or cancel the contract.

It's got nothing to do with motor cover.  It's consumer law.  The fact that it relates to the purchase of a car (rather than, say, a sofa) should be irrelevant to whether they can help you with legal advice/expenses.

Davep234

born_again said:

Perhaps OP might like to post how much the car was & what age?

20k, 2014

Ganga

Davep234 said:

born_again said:

Perhaps OP might like to post how much the car was & what age?

20k, 2014

Is the date/year a typo?

ontheroad1970

Is it a rolls royce?  That's a lot of money for a 9 year old car

Ayr_Rage

Please do tell us the make and exact model, at least then we'll know if gearbox faults are common to that vehicle.

photome

Ganga said:

Davep234 said:

born_again said:

Perhaps OP might like to post how much the car was & what age?

20k, 2014

Is the date/year a typo?

464 x 2014  cars on autotrader for around that price, mostly Mercs, BMW , Audis and Range rovers

Davep234

Range Rover Sport. Whether gearbox faults are common or not is not the issue. Car is not as described (faults only declared at handover and v5 engine number mismatch was discovered subsequently) and so whilst there are many lessons to learn here, the issue is what I do to get dealer to accept return and refund, as is my right. Dealer is contravening Consumer Contracts Regulations, Consumer Protection Regs, Breach of Contract, Consumer Rights Act, and is acting Negligently, but solicitors and the like are estimating it could cost 2k to take dealer to court, and with no guarantee that he will ever pay up that could leave me even further out of pocket. If I auctioned the car it might raise 5k. I have sent registered letter claiming rejection and my right to return, but dealer will not accept return and has no premises other than a lock-up. It looks like i will have to take him to court myself, though this is a lengthy process and I have no car in the meantime. AA inspection were shocked at what they found and this dealer should not be allowed to trade, but no-one seems at all interested in stopping him.

Grumpy_chap

Davep234 said:

the issue is what I do to get dealer to accept return and refund, as is my right. Dealer is contravening Consumer Contracts Regulations, Consumer Protection Regs, Breach of Contract, Consumer Rights Act, and is acting Negligently, but solicitors and the like are estimating it could cost 2k to take dealer to court, and with no guarantee that he will ever pay up that could leave me even further out of pocket. 

If the Dealer is acting as you say, then legal route is the only option and, even a CCJ may not result in recovery of the funds.  How long has the Dealer been trading?
As others have said, do you have family legal advice with your home insurance?  Or, possibly, via a work incentive scheme?

Davep234

Sadly have no legal protection on house insurance. Am trying the Mediation Service before going to small claims.