Unroadworthy car purchased from a used car dealer

frugs

We bought a used car from a dealer, convinced by their assertions that it a was in 'stunning condition for it's age and milage'. More fool us. It turned out to have extensive corrosion underneath and require around £3k of work to get it sorted. We requested a Right to Reject within 30 days. 

They responded saying we could have a refund minus various costs, including repairs they made to our part exchange as the dials weren't working. We have shown this to be a fraudulent lie and the dials were working. They made it clear they would inspect the purchased car and charge us for any damage they deemed caused by us. The car is 13 years old, so has the odd light scratch. We have no agreed condition at the point of sale. 

Fast forward 6 weeks and we're using the mediation and AA dispute resolution service (they're an AA approved dealer). Dealer wants to collect the car, inspect it and give us a refund within 14 days. AA say this is fair under consumer rights. Trading standards say no. There is no way we will release the car to them without a refund as they have shown themselves to be liars and will make stuff up and not pay. But it looks like this will go to court, so we have to show ourselves to be reasonable but they have said they can't spare the time and want it brought to them. (They need to recover it as it can't be driven).

Question: it's a bit specific, but has anyone else had to give up the vehicle without a refund pending an inspection by the other side?

I should add that we have had an independent inspection by an independent automotive engineer, which is admissible in court. So they can't query the fault.

Aylesbury_Duck

That is a very specific question, and I doubt many posters on here will have been in your exact position.

I don't know what small claims court backlogs are currently, but I suspect the timescales of the AA recommended solution will be much faster than court action.  It depends whether speed is your priority.  If it is, then the mediation route is the way to go.  Otherwise, skip that, send them a letter before action and proceed to court.  You'll need to factor in the cost of insuring the car while it's in your possession, too.  If you have nowhere private to store it, there will be VED costs, too.

Alderbank

Could you give a few more details, please?

• You say the car can't be driven. Did you buy it in an undriveable condition? If not, exactly when and why did it become undriveable?

• How long have you had the car? My reckoning is that you have had it at least two months (I appreciate you rejected within 30 days).

• You ask if anyone else has had to 'give up the vehicle without a refund'. What do you mean? The car still belongs to you, and you are still the registered user, until legal formalities are carried out. The vehicle being on the seller's premises, or any garage premises, doesn't alter ownership. It is quite usual that a rejected motor vehicle returns to the dealership for inspection and as the AA told you that is allowed under consumer rights (s20 and 22 of Consumer Rights Act 2015). It still belongs to you until both parties agree the terms of any subsequent buy back. You don't have to give  it up.

Grumpy_chap

How did you find out about the corrosion?

When was the previous MOT?  Was there any reference there to the developing corrosion?

Ectophile

So far, you claim you have rejected the car, but you haven't returned it to the dealer, and you won't let the dealer see if your claims are true.

The AA are correct.  You won't get paid until you return it.

Ayr_Rage

A 13 year old car is very likely to be near the end of its life unless it is a cherished or rare model.

born_again

In reality you are going to have to return the car, as you will not get a refund without doing so. Even if you go to court.

So you need to get the dealer to agree that you will return the car for them to inspect, while you are there & refund you at that point.

Why can you not drive the car to them?
Is this another long distance purchase?

As ever, going to court is not a 100% guarantee of getting your money back. 

photome

let’s hope the OP returns , takes on the advice and posts the outcome…

macman

You're living in a fantasy world if you expect them to refund before you return the vehicle. If you collected the vehicle from them, then it's up to you to get it back to them for inspection or repair, at your expense, whether it's drivable or not.