car dealer ignoring 30 day rule

patricke1964

My Son in law  purchased a second hand car from a dealer for £1550 last Month. After two weeks he wasnt happy, a few strange noises so rang dealer to  say he wanted to return the car and have purchase price refunded. Was told they don't do refunds a letter was sent requesting refund using a C.A.B template.  Now 16 days later no response. He has two  special needs children and a relative died last week so he has had to use the car. I am told small claims court can be a problem when trying to get refund after 30 days, as firstly fees have to be paid and dealer can claim car used so now much lower Value. As this was within 30 days what is best way forward.?

Clive_Woody

I think at the very least you'll have to be more clear on what the faults are. A low priced second hand car will mot likely have a few creaky parts, does the car not function as intended? Have you had this looked at by a mechanic to identify the issues to support your request for a refund?

elsien

In what way is it of unsatisfactory quality, unfit for purpose or not as described? 

If all he said to the dealer is that there’s a few strange noises, I’m not really surprised that they’re not getting back to him. 

Alderbank

patricke1964 said:

My Son in law  purchased a second hand car from a dealer for £1550 last Month. After two weeks he wasnt happy, a few strange noises so rang dealer to  say he wanted to return the car and have purchase price refunded. Was told they don't do refunds a letter was sent requesting refund using a C.A.B template.  Now 16 days later no response. He has two  special needs children and a relative died last week so he has had to use the car. I am told small claims court can be a problem when trying to get refund after 30 days, as firstly fees have to be paid and dealer can claim car used so now much lower Value. As this was within 30 days what is best way forward.?

To be able to exercise your S-i-l's short term right to reject, the dealer must agree that the car has one or more significant faults.
What that means depends on the car, the price, the age and the mileage. A car sold by a dealer for £1550 would probably have to be undriveable or unroadworthy. Since he is using it, this car sounds to be driveable and road legal.

By 'a few strange noises' do you mean 'unfamiliar noises'? What are these noises caused by?

If he goes to small claims court, the same fees apply from day 1 and don't change at 30 days.

If the dealer agrees to accept the return he can only reduce the refund for actual use, not depreciation. It's usually calculated on a mileage basis

powerful_Rogue

As above, what's the age and mileage of the vehicle and how many miles have been done since it was purchased?

Renfrewman

If the car has been formally rejected it shouldn't be used and returned to the dealer.

MarvinDay

Renfrewman said:

If the car has been formally rejected it shouldn't be used and returned to the dealer.

Until the OP's son in law has provided proof that the car has a significant fault, (and i don't think that "a few strange noises in an old car qualifies as a fault), the dealer is under no obligation to accept it back or to give any refund.

Arunmor

If a car hasn't been driven for awhile the rubber bushes can dry out.  I had one that sounded awful (a creaking kind of sound) for a few weeks but settled down eventually.

sheramber

It’s difficult to. Think it has a significant fault when SIL is still using it.