Has any of you ever returned used car during the 14 days cooling off period?

Alex9384

My car has recently died, I'm not going to put any more money in it, so I decided to buy any old super cheap car from a dealer, just so I can get to work and go buy groceries (I live in a small village) and later on look for some better car.

Now, there is a regulation that if I haven't seen the car in person and it's just delivered to me (Distance sale), then I have 14 days cooling off period to test the car and I can return it, even without giving any reason to the dealer and still get back the full sum I paid for the car.

I've read about people returning a newish Range Rover on the 14th day, with party confetti inside and the seller just had to take it back and refund them.

Of course my car is as you would expect for 900 GBP, an old beat up Astra coupe (Astra H) but what I didn't expect is that the left side is really rusty at the bottom and around rear wheel, more than the rest of the car and this wasn't visible on any photo as the dealer only took photos from the back, front and the other side of the car. The car interior is also very dirty and stinks bad (surely a smoker + dog), but I rather don't imagine any more details... can't believe how filthy some people are.

I don't think this car will pass the next MOT and if I want to sell it, I definitely wouldn't get anywhere near the amount I paid for it, even though I only planned to keep it for a few weeks until I find a normal car. Btw, when doing the insurance quote, the market value for this car was shown as 680 GBP.

Anyway, my question is, would it be reasonable to contact the seller and tell him I don't think this car is worth what I paid for it and since it's still in the cooling off period, ask if he can do a partial refund, let's say 200 GBP, otherwise I want to return the car to him?

I'm not sure if all sellers are familiar with this Distant Sale regulation and I'm not expecting him to just say "Yeah sure, no problem", so how should I approach this situation and what to expect from him? What if he doesn't reply to my messages (I think it's better to have written communication than just call them)? I paid for the car on the Friday night 20th June and it was delivered to me on Sunday the 22th, so I have until the 5th July to return it or ask him for partial refund if that's even an option? What if he just says no? Who do I contact then?

Exodi

Alex9384 said:

Now, there is a regulation that if I haven't seen the car in person and it's just delivered to me (Distance sale), then I have 14 days cooling off period to test the car and I can return it, even without giving any reason to the dealer and still get back the full sum I paid for the car.

I've read about people returning a newish Range Rover on the 14th day, with party confetti inside and the seller just had to take it back and refund them.

This would be the case if items are returned in exactly the same condition they were received in, otherwise sellers are entitled to make deductions for use in respect of their decreased market value. Else otherwise every one could just indefinitely buy things, use them and return them within 14 days.

Alex9384 said:

Anyway, my question is, would it be reasonable to contact the seller and tell him I don't think this car is worth what I paid for it and since it's still in the cooling off period, ask if he can do a partial refund, let's say 200 GBP, otherwise I want to return the car to him?

I'm not sure if all sellers are familiar with this Distant Sale regulation and I'm not expecting him to just say "Yeah sure, no problem", so how should I approach this situation and what to expect from him? What if he doesn't reply to my messages (I think it's better to have written communication than just call them)? I paid for the car on the Friday night 20th June and it was delivered to me on Sunday the 22th, so I have until the 5th July to return it or ask him for partial refund if that's even an option? What if he just says no? Who do I contact then?

There's no harm in asking for a partial refund, however if they disagree and you insist on returning the car, as you have used the car for a period of time the dealer would be entitled to make a deduction for use (and it sounds like driving the car wasn't necessary to establish the issues you describe).

The dealer not responding quickly is largely irrelevant - as long as you can prove you contacted them during the prescribed period (as you say, written confirmation, such as an email would be best for this).

Alex9384

Exodi said:

This would be the case if items are returned in exactly the same condition they were received in, otherwise sellers are entitled to make deductions for use in respect of their decreased market value. Else otherwise every one could just indefinitely buy things, use them and return them within 14 days.

There's no harm in asking for a partial refund, however if they disagrees and you insist on returning the car, as you have used the car for a period of time the dealer would be entitled to make a deduction for use (and it sounds like driving the car wasn't necessary to establish the issues you describe).

The dealer not responding quickly is largely irrelevant - as long as you can prove you contacted them during the prescribed period (as you say, written confirmation, such as an email would be best for this).

Thanks.
Honestly, returning it would be more hassle for both parties, since I've got a new insurance for it, paid road tax, etc. Partial refund would be a better option I guess. 

I forgot to mention that last Sunday I was unable to start the engine on this car. Until then (and since then) it starts fine, but on that day it was just cranking like crazy but couldn't catch. I also charged its battery with smart charger, so not sure if that helped because like I said it was cranking pretty well even before charging.

I was wondering what happens if such car falls apart while you're driving it (not by your fault) while it's still in the cooling off period?

Exodi

Alex9384 said:

Exodi said:

This would be the case if items are returned in exactly the same condition they were received in, otherwise sellers are entitled to make deductions for use in respect of their decreased market value. Else otherwise every one could just indefinitely buy things, use them and return them within 14 days.

There's no harm in asking for a partial refund, however if they disagrees and you insist on returning the car, as you have used the car for a period of time the dealer would be entitled to make a deduction for use (and it sounds like driving the car wasn't necessary to establish the issues you describe).

The dealer not responding quickly is largely irrelevant - as long as you can prove you contacted them during the prescribed period (as you say, written confirmation, such as an email would be best for this).

Thanks.
Honestly, returning it would be more hassle for both parties, since I've got a new insurance for it, paid road tax, etc. Partial refund would be a better option I guess. 

Of course, but remember that the dealer would also be aware of this. I personally wouldn't count on a 20-25% partial refund being forthcoming.

Alex9384 said:
I forgot to mention that last Sunday I was unable to start the engine on this car. Until then (and since then) it starts fine, but on that day it was just cranking like crazy but couldn't catch. I also charged its battery with smart charger, so not sure if that helped because like I said it was cranking pretty well even before charging.

I was wondering what happens if such car falls apart while you're driving it (not by your fault) while it's still in the cooling off period?

This is an entirely separate matter to the 14 day cooling off period and would be covered under the Consumer Rights Act Short-Term Right to Reject which allows you to reject faulty goods within 30 days for a full refund, providing the fault was present at the time of purchase.

There is some nuance to this in relation to cars (and we see this debated on occasion on this forum), as dealers will argue wear and tear (and I think most could agree it's not reasonable to expect that you can return a car because you got a flat tyre 4 weeks after purchase), the matter can become a bit muddy.

You can return faulty goods after 30 days, but the onus shifts to the buyer, meaning they need to prove the fault was evident at the time of purchase.

Could it be that you just have buyers remorse?

Alex9384

I wouldn't say buyers remorse. I think it's just not worth what I paid for it.

The 14 days period it designed to give you time to inspect the vehicle and decide.

Arunmor

OP you're making a bit of a habit of this aren't you!

Mildly_Miffed

The valuation an insurance website places on it is irrelevant.

You've bought a £900 car from a trader, sight unseen, and are surprised it's a shed?

Separate from the DSR return, your consumer rights are tempered by reasonable expectations. For a £900 used car that's 16yo at the youngest? They're just about zero.

So it comes down to DSR. And there the return is absolute, unless they can say you knew the goods were "faulty" pre-purchase.
https://www.gov.uk/accepting-returns-and-giving-refunds

So... what EXACTLY did the ad say? Do you have a copy of any and all communication between you and the vendor?

Exodi

Alex9384 said:

I wouldn't say buyers remorse. I think it's just not worth what I paid for it.

The 14 days period it designed to give you time to inspect the vehicle and decide.

Respectfully that's a form of buyers remorse.

Yes indeed, however the reason merchants are entitled to deduct for use is to prevent me and my family deciding we want to go camping for the week, buying a new tent, camping stove, inflatable mattresses, etc then trying to return the lot once we're back for a full refund.

In the same way, you can't drive the car around for 1 and a half weeks and expect no deduction for use (assuming the car isn't being returned for fault). While you are not obliged to provide a reason, you can appreciate that you didn't need to drive the car to notice 'the left side is really rusty at the bottom' or that 'the car interior is also very dirty and stinks bad'. Many would expect a cheap old car to require a clean and would probably expect to get it cleaned after they buy it. That's why I asked if you had buyers remorse (that and the shift to enquiring about the possibility of returning the car as faulty).

the_lunatic_is_in_my_head

Worth a note deduction for use is not permitted where the trader failed to provide the required information regarding the right to cancel (which, in general, many businesses fail to do).