Bought second hand car from garage

Aylesbury_Duck

monaymadlol said:

So I sent a message to the dealer,  polite response back,  saying at this stage they won't be accepting the car back for a refund as that would be unfair and unreasonable. They referenced that ads not being fully accurate at times, there is a disclaimer to say as such, i tested and accepted the car as it was etc

Reject the car by returning it and leaving the keys, then send them a letter before action and take them to court if they don't respond as you want them to.

Grumpy_chap

monaymadlol said:

So I sent a message to the dealer,  polite response back,  saying at this stage they won't be accepting the car back for a refund as that would be unfair and unreasonable. They referenced that ads not being fully accurate at times, there is a disclaimer to say as such, i tested and accepted the car as it was etc

It would help the forum offer constructive advice on the next steps if you were willing to share what the "missing media feature" is as that would allow better understanding as to whether rejection is valid.

If the Dealer won't willing agree to accept the car and provide a refund, is there any other outcome that would be acceptable to you?  For example, keeping the car with a partial refund commensurate with the value of the "missing media feature"?

If not, then your only next step is to proceed as indicated by Aylesbury_Duck.  
Be mindful that such a course is not without risk.

monaymadlol

So as well as not having full sensors, only partial sensors, it is Missing DAB & a high end brand soundsystem. I do a lot of driving, the full parking sensors and full media offering are important.

Yes you could say i should have checked, but it was a VAG car and it said on the AT description so how was i to think otherwise? I have bought on AT ads before without issue. I can't check every single of the many features listed in a test drive.

These would cost hundreds each to retrofit. I paid asking price for the car, they wouldn't budge so highly unlikely to discount. If they did offer, then depending on what it was, I would consider.

What would be the risks if dropping through car and leaving it via rejection?

Grumpy_chap

monaymadlol said:

So as well as not having full sensors, only partial sensors, it is Missing DAB & a high end brand soundsystem. I do a lot of driving, the full parking sensors and full media offering are important.

You have said upthread that you noticed the missing parking sensors when collecting the car yet you still proceeded to go ahead with the purchase.  You seem to have no grounds for remedy in this regard.

With regard to the sound system, one assumes the "high end brand" would have the brand visible on either the head unit or the speakers or both.  Very easy to check if that was critical to the choice of this particular car.  

monaymadlol said:

What would be the risks if dropping through car and leaving it via rejection?

The garage has your car and has your money.
The garage might simply fold.
You might be able to assess the likelihood of that by the nature of the trader but we cannot as you have not indicated franchise dealer, or car supermarket or one man band with a history of rebranding.

In the case of "faults" with a used car (and I use the word "fault" to mean the missing features), not every fault gives grounds for a vehicle rejection.
( https://www.thecarexpert.co.uk/rejecting-a-car/#1-can-you-reject-your-car-for-any-fault-you-find )

This was purchased at the Dealer's premises so the off-premises rules (CCR) do not apply.  If it had been a remote purchase then you would have had the right to reject the car for any, or no, reason.

monaymadlol

It was not a franchise dealer or car supermarket.  It was a garage that carries out repairs as a tradition garage but the other arm of the business is selling a smsll number of cars.

Yes I accepted one missing item but if I had known some other missing features were not present,  then I would not have done. 

Alderbank

monaymadlol said:

What would be the risks if dropping through car and leaving it via rejection?

Until the seller accepts the rejected car back, you remain the owner and have responsibility for it. You are still the registered keeper and must keep the car taxed and insured unless you can SORN it.

The seller's forecourt is private land. You have no statutory right to park there without their permission. If they agree, you might have to pay a daily fee. Keeping the vehicle off road somewhere under your control is the only safe option.

Because you have agreed the sale and taken ownership of the car, rejection is very expensive for the seller so they will fight hard to challenge rejection. It is very much in your interest to persuade them to accept.

If you are buying on finance the lender might also have some liability and might be able to pressure the seller to take the car back if they believe you have a good case.

Otherwise your only recourse would be to sue the seller in the County Court. If the car cost £5,000-10,000 the fee to register your claim is about £500 and you will wait about 12 months until your case is heard.

If you get that County Court ruling in your favour (never guaranteed!) and the seller ignores it, you can apply for a High Court Sheriff's Enforcement Order which empowers the Sheriffs to seize the debtor's assets to the value of the claim, plus costs. There is a risk that by then the seller will have moved his assets out of your reach.

Grumpy_chap

Alderbank said:

Until the seller accepts the rejected car back, you remain the owner and have responsibility for it. You are still the registered keeper and must keep the car taxed and insured unless you can SORN it.

The seller's forecourt is private land. You have no statutory right to park there without their permission. If they agree, you might have to pay a daily fee. Keeping the vehicle off road somewhere under your control is the only safe option.

Which creates a paradox as, all the while the consumer still has the car in their possession and could still be using the car, adding mileage to the car, and risk of damage to the car, the trader could state that the car has not been rejected.

It is often mentioned in these boards ( like this thread today https://forums.moneysavingexpert.com/discussion/6626758/arnold-clark-breaching-my-consumer-rights#latest ) that rejecting the car requires the car to have been deposited back at the trader complete with keys and registration documents etc.

Alderbank

Grumpy_chap said:

Alderbank said:

Until the seller accepts the rejected car back, you remain the owner and have responsibility for it. You are still the registered keeper and must keep the car taxed and insured unless you can SORN it.

The seller's forecourt is private land. You have no statutory right to park there without their permission. If they agree, you might have to pay a daily fee. Keeping the vehicle off road somewhere under your control is the only safe option.

Which creates a paradox as, all the while the consumer still has the car in their possession and could still be using the car, adding mileage to the car, and risk of damage to the car, the trader could state that the car has not been rejected.

It is often mentioned in these boards ( like this thread today https://forums.moneysavingexpert.com/discussion/6626758/arnold-clark-breaching-my-consumer-rights#latest ) that rejecting the car requires the car to have been deposited back at the trader complete with keys and registration documents etc.

They could state that, I suppose, but they could state anything.
All that matters though is what the law says:

The right [to reject] is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

From the time when the right is exercised the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

In this case the consumer has said they are rejecting and the seller obviously understands that. That's enough.

OP has not said whether the seller has agreed to accept the rejected vehicle back at their premises. If not then the OP only has to make it available for collection.

No paradox.

sheramber

is Missing DAB & a high end brand soundsystem. I do a lot of driving, the full parking sensors and full media offering are important.

Does it have the system that is shown in the owner’s handbook? 

It may be a matter of opinion wa
hat ‘high end’ is. 

Are the parking sensors the same as shown in the owner’s handbok? 

We  once bought an extra demo car and found out 6 months later that was no spare wheel. This was when a spare was standard. Went back to the garage who supplied one.  It was assumed the original had been borrowed for another car and not replaced.

Since then, when I have bought a car I check for the spare wheel , if one is advertised.

I also want parking sensors  so check  for them. 

You can sit on the forecourt and check out what you want. 

You say you do a lot of driving. 

Are you still using the car? 

Desmond_Hume

It doesn’t have DAB? What car produced in the last c.15 years doesn’t have DAB? Are you sure you’ve not just missed it in a menu?

what car is it and media system?