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    • lju
    • By lju 10th Sep 19, 6:47 AM
    • 150Posts
    • 34Thanks
    lju
    Rejection of vehicle - Consumer Rights Act
    • #1
    • 10th Sep 19, 6:47 AM
    Rejection of vehicle - Consumer Rights Act 10th Sep 19 at 6:47 AM
    To cut a very long story short, I have recently purchased a used car which was not as described.

    The dealer had failed to advise of the previous business use of the vehicle and also the numerous areas of damage and poor accident repair.

    As a result, I wrote to the dealer and rejected the vehicle.

    The vehicle has not been driven, nor taxed or insured due to the condition it is in.

    I had bought it via Autotrader and trusted the dealer had been honest with the photos etc.

    I had the vehicle transported from the dealer to my home address which I paid for.

    The dealer is refusing to acknowledge my rights under the Consumer Rights Act.

    They have stated they "may" refund the purchase price, if I pay for the vehicle to be transported back to them.

    My understanding of the Consumer Rights Act is that this is their responsibility - Can someone please confirm?
Page 1
    • Silver Shark
    • By Silver Shark 10th Sep 19, 7:06 AM
    • 63 Posts
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    Silver Shark
    • #2
    • 10th Sep 19, 7:06 AM
    • #2
    • 10th Sep 19, 7:06 AM
    It's the car dealer's responsibility to pay for the return of the car. Then they are required to issue a full refund once they have the car back.
    • lju
    • By lju 10th Sep 19, 7:14 AM
    • 150 Posts
    • 34 Thanks
    lju
    • #3
    • 10th Sep 19, 7:14 AM
    • #3
    • 10th Sep 19, 7:14 AM
    It's the car dealer's responsibility to pay for the return of the car. Then they are required to issue a full refund once they have the car back.
    Originally posted by Silver Shark
    Thank you. That was my understanding of the law.
    • neilmcl
    • By neilmcl 10th Sep 19, 7:44 AM
    • 13,555 Posts
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    neilmcl
    • #4
    • 10th Sep 19, 7:44 AM
    • #4
    • 10th Sep 19, 7:44 AM
    Where is the car now? If it's on the road then you must tax and insure it regardless of whether you're keeping it or not, if it's not then you need to SORN it.

    Regarding the condition of the car, if you're simply going off the pictures in the advert then you may be on a sticky wicket, if, however it is not as described then that's a different matter. What "previous business use" are you talking about?

    Can you post the link to the advert?
    Last edited by neilmcl; 10-09-2019 at 7:47 AM.
    • lju
    • By lju 10th Sep 19, 8:12 AM
    • 150 Posts
    • 34 Thanks
    lju
    • #5
    • 10th Sep 19, 8:12 AM
    • #5
    • 10th Sep 19, 8:12 AM
    Where is the car now? If it's on the road then you must tax and insure it regardless of whether you're keeping it or not, if it's not then you need to SORN it.

    Regarding the condition of the car, if you're simply going off the pictures in the advert then you may be on a sticky wicket, if, however it is not as described then that's a different matter. What "previous business use" are you talking about?

    Can you post the link to the advert?
    Originally posted by neilmcl
    The car is off road. I do not have the V5 etc.

    Regarding the condition of the vehicle, the dealer had deliberately failed to show any of the damage on his photos. He had even taken a video of it to show me, again missing all of the areas of damage.

    The car was previously registered to a leasing company - This was not disclosed either.

    The advert is no longer online, although I have copies of it saved.
    • tacpot12
    • By tacpot12 10th Sep 19, 8:13 AM
    • 2,906 Posts
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    tacpot12
    • #6
    • 10th Sep 19, 8:13 AM
    • #6
    • 10th Sep 19, 8:13 AM
    If you have bought the car unseen and did not ask about whether the car had been in an accident or had accident damage, you are indeed on a sticky wicket. The Consumer Rights Act 2015 does not avoid the need for due diligence on the part of the purchaser. Caveat Emptor still applies to some degree.

    On the other hand, if the vendor lied; you asked if there was accident damage and they said there was not when you can clearly see the repair, then you have some protection. I would tread carefully before demanding a refund. The dealer can make you incur all the costs of suing him knowing that he has a winnable case if it comes to court.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
    • tacpot12
    • By tacpot12 10th Sep 19, 8:17 AM
    • 2,906 Posts
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    tacpot12
    • #7
    • 10th Sep 19, 8:17 AM
    • #7
    • 10th Sep 19, 8:17 AM
    The car is off road. I do not have the V5 etc.

    Regarding the condition of the vehicle, the dealer had deliberately failed to show any of the damage on his photos. He had even taken a video of it to show me, again missing all of the areas of damage.

    The car was previously registered to a leasing company - This was not disclosed either.

    The advert is no longer online, although I have copies of it saved.
    Originally posted by lju
    So many cars have been leased to companies and driven by safe, careful drivers that no court would accept the fact that the car had been leased as ground for a refund. If this was important to you, you should have looked at the vehicle and its documentation before buying.

    If the dealer has not warranted that there was no damage that was not shown in the photographs why did you assume that the photos showed the true state of the car? I think you will find it difficult to convince a judge that you have acted reasonably in selecting the car.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
    • neilmcl
    • By neilmcl 10th Sep 19, 8:19 AM
    • 13,555 Posts
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    neilmcl
    • #8
    • 10th Sep 19, 8:19 AM
    • #8
    • 10th Sep 19, 8:19 AM
    The car is off road. I do not have the V5 etc.

    Regarding the condition of the vehicle, the dealer had deliberately failed to show any of the damage on his photos. He had even taken a video of it to show me, again missing all of the areas of damage.

    The car was previously registered to a leasing company - This was not disclosed either.

    The advert is no longer online, although I have copies of it saved.
    Originally posted by lju
    If you didn't have sufficient pictures to show the entire car then you shouldn't have bought it unseen and have it shipped over at your expense, this is the risk you take. The fact that is was a lease car which was not disclosed is a different matter however, although personally I wouldn't have an issue with it.
    • waamo
    • By waamo 10th Sep 19, 8:39 AM
    • 7,927 Posts
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    waamo
    • #9
    • 10th Sep 19, 8:39 AM
    • #9
    • 10th Sep 19, 8:39 AM
    There have been 3 threads recently about wanting refunds on cars. All 3 were cars bought sight unseen. Coincidence?
    This space for hire.
    • JJ Egan
    • By JJ Egan 10th Sep 19, 10:11 AM
    • 13,341 Posts
    • 6,092 Thanks
    JJ Egan
    OP you need to SORN the vehicle before a fine is issued .At present you are the owner and are required to SORN or tax the vehicle .
    https://www.gov.uk/make-a-sorn
    • lju
    • By lju 10th Sep 19, 10:13 AM
    • 150 Posts
    • 34 Thanks
    lju
    If you didn't have sufficient pictures to show the entire car then you shouldn't have bought it unseen and have it shipped over at your expense, this is the risk you take. The fact that is was a lease car which was not disclosed is a different matter however, although personally I wouldn't have an issue with it.
    Originally posted by neilmcl
    I was provided with numerous photographs, no damage was evident.

    In addition I was also provided with a number of videos, again no damage shown.

    I believe these had been taken in such a way to "hide" the true state of the vehicle, as all the damage is evident to the naked eye, including rips in the upholstery, holes cut out of the interior trim, rear quarter damage etc.

    My understanding is that all dealerships must inform customers if the prior registered keeper was a lease.

    Again, I believe, the dealer deliberately withheld this information,as the damage to the vehicle corresponds to its previous life.

    Finally, the mileage advertised was also incorrect.
    • lju
    • By lju 10th Sep 19, 10:15 AM
    • 150 Posts
    • 34 Thanks
    lju
    OP you need to SORN the vehicle before a fine is issued .At present you are the owner and are required to SORN or tax the vehicle .
    https://www.gov.uk/make-a-sorn
    Originally posted by JJ Egan
    I do not believe the dealership has transferred ownership to me. I have not received a new V5 nor have been provided with the New Keeper slip. Obviously, I intend to inform the DVLA of the circumstances if needs be.
    • lju
    • By lju 10th Sep 19, 10:16 AM
    • 150 Posts
    • 34 Thanks
    lju
    There have been 3 threads recently about wanting refunds on cars. All 3 were cars bought sight unseen. Coincidence?
    Originally posted by waamo
    Never again!
    • waamo
    • By waamo 10th Sep 19, 10:24 AM
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    waamo
    I do not believe the dealership has transferred ownership to me. I have not received a new V5 nor have been provided with the New Keeper slip. Obviously, I intend to inform the DVLA of the circumstances if needs be.
    Originally posted by lju
    You appear to be confusing owner and registered keeper. You are the owner. You've bought it and paid for it. Presumably you have a receipt.

    The V5c shows the registered keeper not the owner.

    The mileage being incorrect may strengthen your case. How wrong is it? Are we talking thousands of miles or could it be explained by a few test drives?
    This space for hire.
    • lju
    • By lju 10th Sep 19, 10:37 AM
    • 150 Posts
    • 34 Thanks
    lju
    You appear to be confusing owner and registered keeper. You are the owner. You've bought it and paid for it. Presumably you have a receipt.

    The V5c shows the registered keeper not the owner.

    The mileage being incorrect may strengthen your case. How wrong is it? Are we talking thousands of miles or could it be explained by a few test drives?
    Originally posted by waamo
    Although promised, no invoice has been sent. I do have an email detailing the payment made for the vehicle.

    The mileage is around 1k more than advertised.

    I do understand the difference between owner and registered keeper. I was referring to the lack of documentation which means I can not complete a SORN etc online.
    • waamo
    • By waamo 10th Sep 19, 10:44 AM
    • 7,927 Posts
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    waamo
    I hate to say but I'm not convinced 1k mileage is particularly significant. It won't really affect the value of the car.
    This space for hire.
    • lju
    • By lju 10th Sep 19, 10:49 AM
    • 150 Posts
    • 34 Thanks
    lju
    I hate to say but I'm not convinced 1k mileage is particularly significant. It won't really affect the value of the car.
    Originally posted by waamo
    Not on its own I agree, and if this was the only issue there would be no problem.

    Combined with all the other issues I believe I have a strong case for the rejection.

    I've taken it legal this morning so time will tell.

    I've also emailed DVLA regarding the SORN.
    • k3lvc
    • By k3lvc 10th Sep 19, 10:58 AM
    • 2,755 Posts
    • 4,502 Thanks
    k3lvc
    My understanding is that all dealerships must inform customers if the prior registered keeper was a lease.
    Originally posted by lju
    But are we talking 'dealership' here (i.e. it's a Merc from a Merc dealer that's been previously leased by Merc) or a back street dealer that's acquired with unknown provenance (auction/trade in etc) ?

    I'd be more worried about the lack of V5/keeper transfer - have you actually seen any evidence that these existed before the sale ?

    Good luck but this could prove to be an expensive (either financially or in a time consuming way) lesson on how not t buy a used vehicle
    • lju
    • By lju 10th Sep 19, 11:09 AM
    • 150 Posts
    • 34 Thanks
    lju
    But are we talking 'dealership' here (i.e. it's a Merc from a Merc dealer that's been previously leased by Merc) or a back street dealer that's acquired with unknown provenance (auction/trade in etc) ?

    I'd be more worried about the lack of V5/keeper transfer - have you actually seen any evidence that these existed before the sale ?

    Good luck but this could prove to be an expensive (either financially or in a time consuming way) lesson on how not t buy a used vehicle
    Originally posted by k3lvc
    RAC Approved dealership, long established and a LTD Company.

    I would assume it's come via the auctions with the state of it.

    Lesson has been well and truly learned!
    • JJ Egan
    • By JJ Egan 10th Sep 19, 11:31 AM
    • 13,341 Posts
    • 6,092 Thanks
    JJ Egan
    I do not believe the dealership has transferred ownership to me. I have not received a new V5 nor have been provided with the New Keeper slip. Obviously, I intend to inform the DVLA of the circumstances if needs be.
    Originally posted by lju



    The way the DVLA works is they issue the fine to you .They dont wait for you to tell them the tale or your problems .

    Not sure how no insurance works regarding fines etc .

    You dont need a V5 to sorn .
    If the seller has sent off the bottom part then DVLA will know soon enough .
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