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Can anyone advise what I can do? car dealership nightmare

18 replies

cloudinmyhead · 28/05/2022 18:29

Long story short I purchased a car from a dealership several miles away for a total of £6550 delivered.
It developed a fault very soon after so I decided to return it.
Dealership now ignoring me and have sent one message to say the car has no fault.

Can anyone advise me what I can do as my next step?

OP posts:
cloudinmyhead · 29/05/2022 06:25

Anyone?

OP posts:
Kreature69 · 29/05/2022 06:35

www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your-car/n3307

How did you pay for the car? When did you buy it?

Kreature69 · 29/05/2022 06:37

What is the fault...have they had a mechanic look at it?

Interested in this thread?

Then you might like threads about this subject:

cloudinmyhead · 29/05/2022 06:41

There was a problem with the gearbox, wipers and the engine. I don't want the car as it seemed really unsafe. Paid bank transaction less than 2 weeks ago.

OP posts:
WeAreTheHeroes · 29/05/2022 06:54

You can reject the car under the terms of the Sale of Goods Act. How have you dealt with this so far and what exactly have you said to them? If it's all been verbal and you haven't quoted the legislation I would now write to them (this can be by email but also worth sending a physical letter - get proof of posting at a post office and send it first class), setting out the facts, e.g. date you got the car, how you paid and when, when you found the fault and that you are rejecting the car as is your legal right under the Sale of Goods Act 2015. Be specific as the dealership cannot then try to wriggle out of their legal responsibilities.

Did you use a credit card to pay for any part of buying the car, e.g. a deposit? If yes then you get extra protection and should ring your credit card company and tell them what's happened. If you paid everything by bank transfer it's still worth contacting your bank for advice - they can reverse the transaction in some circumstances.

Also contact Trading Standards which I think is via CAB now, but there is usually an online form to complete.

WeAreTheHeroes · 29/05/2022 06:57

www.autotrader.co.uk/content/advice/how-does-the-consumer-rights-act-protect-you-when-you-buy-a-car

This link has more info - you may have already read it.

cloudinmyhead · 29/05/2022 07:02

Thank you

OP posts:
Shade17 · 29/05/2022 07:37

Obviously, under CRA 2015 the law is on your side so you’re entitled to a full refund. The issue with many backstreet/dodgy garages is that it can be difficult and sometimes impossible. You can get a court judgement against them easily enough but enforcement can be a different matter entirely. They will quite often close down the business and re-open as a different entity.

Brogues · 29/05/2022 07:41

When you say delivered did you see the car before you paid or was it delivered sight unseen because there is more protection with the latter as per distance selling regs i believe.

WeAreTheHeroes · 29/05/2022 07:51

The Distance Selling Regulations no longer apply in UK law. The Consumer Contracts Regulations - which came into force in the UK in June 2014 - now apply when buying online.

Brogues · 29/05/2022 07:59

WeAreTheHeroes · 29/05/2022 07:51

The Distance Selling Regulations no longer apply in UK law. The Consumer Contracts Regulations - which came into force in the UK in June 2014 - now apply when buying online.

Ah it’s called a distance sale www.themotorombudsman.org/knowledge-base/can-i-return-my-car-within-14-days-of-buying-it

Onlythelaundryfairy · 29/05/2022 08:02

I had this. Get incontrovertible proof of failure, garages to look at it (use their recommended one) dates times of breakdowns etc and ask them for a full refund as it's not fit for purpose. I think pp is right about the legislation but you could try using the free legal advice with your car insurance?

It was really stressful but I got the money back in the end.

cloudinmyhead · 29/05/2022 08:28

Thank you all for your advice. Am I right in thinking that the car could have been returned within 14 days even if it wasn't faulty? I didn't see the car in person before it was delivered. I'm only asking this as the dealership are claiming there's no fault so will not refund on that basis.

It's so frustrating but I won't give up.

OP posts:
WeAreTheHeroes · 29/05/2022 08:39

You can't return it within 14 days if not faulty unless you bought it online.

www.gov.uk/online-and-distance-selling-for-businesses

I've just re-read your OP and you state the car developed a fault very soon after you got it. If it wasn't faulty when you got it then the dealership has once shot at putting the fault right. But they're denying there's anything wrong. So take it to a reputable garage and get them to look at it - you could even ask for a quote to fix it. That quote will set out the issues and the costs of fixing each one.

WeAreTheHeroes · 29/05/2022 08:39

Has one shot

WeAreTheHeroes · 29/05/2022 08:42

Sorry - missed a bit from my post about getting a reputable garage to check the car. Once you've got a breakdown of what needs doing to fix the car, send the place you bought it from a copy as proof there is something wrong. This is for a fault within 30 days of purchase.

Brogues · 29/05/2022 08:45

I believe you can indeed return it even without a fault@cloudinmyhead based on the motoring ombudsman page. Worth quoting it to the seller I’d say.

BEAM123 · 29/05/2022 08:59

Shade17 · 29/05/2022 07:37

Obviously, under CRA 2015 the law is on your side so you’re entitled to a full refund. The issue with many backstreet/dodgy garages is that it can be difficult and sometimes impossible. You can get a court judgement against them easily enough but enforcement can be a different matter entirely. They will quite often close down the business and re-open as a different entity.

Yes, this happened to me. Plus they had me drop the car off with them so they could "send it to their mechanic to take a look".

Then they shut up shop (loads of other unhappy customers) and skipped town. I never saw car again. CAB/ Trading Standards had me follow all kinds of processes 'send a letter, wait two weeks, send another letter, wait two weeks' then the small claims process did the same which gave them time to wind up the business and have no assets left.
So start tough, and don't delay following the process.

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