Can I reject my PX car back, when the dealer has sold it, and the new owner has returned the vehicle

Davelane

Good Evening

We purchased a vehicle from an independent car dealer, we pay a £1000 deposit by BACS, the car was delivered on the 1st October, this was the first time we had physically seen the car, it was raining and the car was wet, they took our part exchange vehicle away, we soon noticed a burning Oil smell within the vehicle, had it diagnosed by our local garage and it was oil leaking from the cam covers, and falling onto the exhaust, we tried to claim on the warranty which was rejected, on further examination we found a report from another garage back in January 2024, so the car was sold with a known serious fault, burning oil could produce toxic fumes or worse could ignite.

There was other issues , so we rejected the car within the first 30 days, dealer was ignoring calls and WhatsApp messages, we finally got a response, and they finally accepted the return on14th November by a WhatsApp message, they dont answer my calls and have blocked my number.

Their car was returned to them on the 27th November, as they wouldn't collect it, they have stated that their refund policy is 14 working days after we returned the vehicle, they are now saying that we will need to collect our old PX, even though they had sold the car, it had been re registered and obviously the new owner has returned it, my question is can we reject receiving our old PX back from them and receive a full refund of purchase price ( £8100 plus our PX, which they had valued at £1899), they have now stated that they have had their mechanic to check the car, and they will advise us of how much they are going to give us back, as the rejection was done within the first 30 days it should be the full purchase price

Concern is why did the new owners return the vehicle? , we had PX'd the car as it had failed its MOT, and would be quite costly to repair it, the dealer never asked about its MOT, and we didn't go out of our way to tell him, the offer for a 16 plate vehicle was low, so we had assumed they had taken this into account, our PX as far as we are aware was accepted as part payment, and sold as a private transaction with no warranty, and it's the dealers responsibility to do their own checks? Is that correct?

Would really need advise on this, and want to avoid going down the small claims court route

MayDogsandCoffee

Sounds complicated and you are probably best speaking to trading standards in the first instance.

voluted

Davelane said:

Good Evening

We purchased a vehicle from an independent car dealer, we pay a £1000 deposit by BACS, the car was delivered on the 1st October, this was the first time we had physically seen the car, it was raining and the car was wet, they took our part exchange vehicle away, we soon noticed a burning Oil smell within the vehicle, had it diagnosed by our local garage and it was oil leaking from the cam covers, and falling onto the exhaust, we tried to claim on the warranty which was rejected, on further examination we found a report from another garage back in January 2024, so the car was sold with a known serious fault, burning oil could produce toxic fumes or worse could ignite.

There was other issues , so we rejected the car within the first 30 days, dealer was ignoring calls and WhatsApp messages, we finally got a response, and they finally accepted the return on14th November by a WhatsApp message, they dont answer my calls and have blocked my number.

Their car was returned to them on the 27th November, as they wouldn't collect it, they have stated that their refund policy is 14 working days after we returned the vehicle, they are now saying that we will need to collect our old PX, even though they had sold the car, it had been re registered and obviously the new owner has returned it, my question is can we reject receiving our old PX back from them and receive a full refund of purchase price ( £8100 plus our PX, which they had valued at £1899), they have now stated that they have had their mechanic to check the car, and they will advise us of how much they are going to give us back, as the rejection was done within the first 30 days it should be the full purchase price

Concern is why did the new owners return the vehicle? , we had PX'd the car as it had failed its MOT, and would be quite costly to repair it, the dealer never asked about its MOT, and we didn't go out of our way to tell him, the offer for a 16 plate vehicle was low, so we had assumed they had taken this into account, our PX as far as we are aware was accepted as part payment, and sold as a private transaction with no warranty, and it's the dealers responsibility to do their own checks? Is that correct?

Would really need advise on this, and want to avoid going down the small claims court route

You are cancelling the contract.

That means that you are put in the position you were in before you signed for the car.

That would mean you get your old PX back, any money you handed over and the dealer gets the car they sold you back.

eskbanker

MayDogsandCoffee said:

Sounds complicated and you are probably best speaking to trading standards in the first instance.

Speaking to Trading Standards isn't practical and wouldn't help anyway - they essentially use Citizens Advice to front consumer contact, but the role of TS is really to pursue rogue traders acting unlawfully rather than to intervene in individual disputes.  No harm in OP talking to Citizens Advice though....

pinkshoes

voluted said:

Davelane said:

Good Evening

We purchased a vehicle from an independent car dealer, we pay a £1000 deposit by BACS, the car was delivered on the 1st October, this was the first time we had physically seen the car, it was raining and the car was wet, they took our part exchange vehicle away, we soon noticed a burning Oil smell within the vehicle, had it diagnosed by our local garage and it was oil leaking from the cam covers, and falling onto the exhaust, we tried to claim on the warranty which was rejected, on further examination we found a report from another garage back in January 2024, so the car was sold with a known serious fault, burning oil could produce toxic fumes or worse could ignite.

There was other issues , so we rejected the car within the first 30 days, dealer was ignoring calls and WhatsApp messages, we finally got a response, and they finally accepted the return on14th November by a WhatsApp message, they dont answer my calls and have blocked my number.

Their car was returned to them on the 27th November, as they wouldn't collect it, they have stated that their refund policy is 14 working days after we returned the vehicle, they are now saying that we will need to collect our old PX, even though they had sold the car, it had been re registered and obviously the new owner has returned it, my question is can we reject receiving our old PX back from them and receive a full refund of purchase price ( £8100 plus our PX, which they had valued at £1899), they have now stated that they have had their mechanic to check the car, and they will advise us of how much they are going to give us back, as the rejection was done within the first 30 days it should be the full purchase price

Concern is why did the new owners return the vehicle? , we had PX'd the car as it had failed its MOT, and would be quite costly to repair it, the dealer never asked about its MOT, and we didn't go out of our way to tell him, the offer for a 16 plate vehicle was low, so we had assumed they had taken this into account, our PX as far as we are aware was accepted as part payment, and sold as a private transaction with no warranty, and it's the dealers responsibility to do their own checks? Is that correct?

Would really need advise on this, and want to avoid going down the small claims court route

You are cancelling the contract.

That means that you are put in the position you were in before you signed for the car.

That would mean you get your old PX back, any money you handed over and the dealer gets the car they sold you back.

But it's not putting them back in the same position. Their car has been registered to another owner so will have another owner on its list which could potentially de-value it. 

Also, their original car has been gone for 2 months, so who knows what has been done with it in that time frame.

@Davelane - Did you actually do any mileage in this new car? I think they would be able to make a reasonable adjustment to the price refunded if you'd done a considerable mileage in it. BUT... they also should have collected it themselves. You paid the deposit by BACS and the part ex of £1899. What about the rest of the payment? Credit card???

LightFlare

pinkshoes said:

voluted said:

Davelane said:

Good Evening

We purchased a vehicle from an independent car dealer, we pay a £1000 deposit by BACS, the car was delivered on the 1st October, this was the first time we had physically seen the car, it was raining and the car was wet, they took our part exchange vehicle away, we soon noticed a burning Oil smell within the vehicle, had it diagnosed by our local garage and it was oil leaking from the cam covers, and falling onto the exhaust, we tried to claim on the warranty which was rejected, on further examination we found a report from another garage back in January 2024, so the car was sold with a known serious fault, burning oil could produce toxic fumes or worse could ignite.

There was other issues , so we rejected the car within the first 30 days, dealer was ignoring calls and WhatsApp messages, we finally got a response, and they finally accepted the return on14th November by a WhatsApp message, they dont answer my calls and have blocked my number.

Their car was returned to them on the 27th November, as they wouldn't collect it, they have stated that their refund policy is 14 working days after we returned the vehicle, they are now saying that we will need to collect our old PX, even though they had sold the car, it had been re registered and obviously the new owner has returned it, my question is can we reject receiving our old PX back from them and receive a full refund of purchase price ( £8100 plus our PX, which they had valued at £1899), they have now stated that they have had their mechanic to check the car, and they will advise us of how much they are going to give us back, as the rejection was done within the first 30 days it should be the full purchase price

Concern is why did the new owners return the vehicle? , we had PX'd the car as it had failed its MOT, and would be quite costly to repair it, the dealer never asked about its MOT, and we didn't go out of our way to tell him, the offer for a 16 plate vehicle was low, so we had assumed they had taken this into account, our PX as far as we are aware was accepted as part payment, and sold as a private transaction with no warranty, and it's the dealers responsibility to do their own checks? Is that correct?

Would really need advise on this, and want to avoid going down the small claims court route

You are cancelling the contract.

That means that you are put in the position you were in before you signed for the car.

That would mean you get your old PX back, any money you handed over and the dealer gets the car they sold you back.

But it's not putting them back in the same position. Their car has been registered to another owner so will have another owner on its list which could potentially de-value it. 

Also, their original car has been gone for 2 months, so who knows what has been done with it in that time frame.

@Davelane - Did you actually do any mileage in this new car? I think they would be able to make a reasonable adjustment to the price refunded if you'd done a considerable mileage in it. BUT... they also should have collected it themselves. You paid the deposit by BACS and the part ex of £1899. What about the rest of the payment? Credit card???

Unlikely for an 8-9 year old car with an uneconomic MOT fail 


Interesting that you have a complaint about a faulty car having traded in a faulty car that you knew was faulty

You admit you did t make the dealer directly aware of the faults on your PX so it could be that they also weren’t aware of faults on your “new” car

However - that’s on them and your position is as above

born_again

Seems fair.
Go collect your old car & you are back where you started.

Seems like you both tried to pull a fast one each other off & got caught out.

All part of the joy of buying & selling low value cars.

mikrt

Are you sure it's been registered? 

I would hazard a guess it was sent to auction and now recalled before sale.