Dealer will not accept return of online purchased car

Wonka_2

Davep234 said:

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.

Unfortunately, as you're finding, the sort of person/business that trades £20k Range Rover Sports for cash without premises is unlikely to be worried about fulfilling their consumer rights obligations and potential risk of litigation.

In your situation I'd be doing some online digging and see if others are in a similar situation - it's unlikely not to have happened before and there may already be cases pending - look in local FB groups/Marketplace etc, owners groups/forums, Pistonheads etc. I'm assuming you've checked Companies House etc ? And that the physical addresses you've dealt with actually exist ?

Did you pay any element of the transaction by credit card that may give some cover (I'm assuming this will be a rhetorical question given the nature of the 'dealer' ?

Let us know how you get on with Stormcatcher - not sure how 'legal' vs 'muscle' they are but if it gets the desired outcome it might be the best you can hope for

Stateofart

A couple of lessons to be learnt here:

If it's a reputable dealer and you are buying online, there should be multiple ways to reject this car, however it sounds like you've bought a car from a unknown trader.  Never buy unseen for that kind of money unless it's from those well-established dealers that are on the telly a lot these days, EVEN THEN I would never drop that kind of cash and wait for delivery.  Also, you paid cash...always pay for a portion of the car on your credit card, even just £100 deposit.  Then, they are connected to your purchase and bound into the agreement forcing them to help you out. 

sheramber

Somebody trading out of a lockup is not likely to have bard paying ffacilities.

Your money is likely long gone an d he will have no means of paying you back.

peter12345678910

Always buy locally and test drive the car. I remember test driving a Yaris it was obvious the clutch was gone I reported the car to auto trader. You really need to look at it. Surprising how inaccurate pictures can be. 

macman

You paid £20k for a vehicle, based on some pictures and a description online? No physical viewing, no test drive? Service history? And paid by a method that offers no chance of a chargeback or S75 claim?
Did the car come with any form of insurance based warranty, which you'd expect on a £20k purchase, even though many of these policies are fairly worthless?
Is this dealer a sole trader or a limited company?
Rather than argue the case about whether the vehicle is fit for purpose under CRA 2015, I would have thought that returning it under CCR 2013 was a better option, as long as you are within the 14 days. However, if the vehicle has now suffered physical damage, this muddies the waters somewhat.

macman

Davep234 said:

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

You can't. The small claims limit is £10k.

Wonka_2

macman said:

Rather than argue the case about whether the vehicle is fit for purpose under CRA 2015, I would have thought that returning it under CCR 2013 was a better option, as long as you are within the 14 days. However, if the vehicle has now suffered physical damage, this muddies the waters somewhat.

Given the description of the vendor I can't imagine any version of CRA/CCR would have any positive outcome.

People trading hooky £20k Range Rovers from a shed tend not to be too bothered about their legal obligations

[Deleted User]

@Davep234 how is this progressing ?

binao

@Davep234

Contact Trading Standards for sellers area.

You may not be the first victim. 

My local TS will go after motor scammers.

How far away from  you is the shed?