Duff car. How does stepson get his deposit back?

[purpledalmation]

Also posted in legal but need urgent advice.

Stepson bought a car online from a dealer and has 14 days to return. It was delivered at the weekend. It's an awful car, clutch is going and lots of faults. He doesn't want it repaired under the warranty he wants his money back.

He's cancelled the finance agreement, but paid £1000 cash when it was delivered as agreed in email.

How does he ensure that he gets his deposit back when he returns the car?

Can he hold onto the car until he gets his deposit back?

What has the seller said about it? Presumably he’s arranging the physical return with them? They should refund the deposit on receipt of the car.

What does it say in the terms and conditions about returning the car?

If he keeps it past the 14 days, they probably don't have to refund him.

Not sure what it says, so will check with him, but I see now about the return within 14 days, so he has to get it back in the next 10 days. I think then fight about the deposit.

What does it say in the terms and conditions about returning the car?

In fairness the T&Cs can’t override the distance selling regs

He’s going to have to get the car back to them in time, has he organised this?

I don’t think he should cancel the finance agreement unilaterally as this could cause a default?

How far away are they? I’d be getting the car back to them ASAP and catching a train back if necessary.

He can arrange to take it on a flatbed truck quite easily. He's going to do this asap.

Have a read of this www.businesscompanion.info/sites/default/files/BEIS_Car_Traders%20-%20reduced.pdf

It's an Office of Fair Trading publication aimed at businesses selling used cars and summarises their obligations and customer rights in the UK. Section B para 16 explains a right to return the car for a full refund within 30 days in some circumstances (including where the car has an undisclosed defect).

A while ago I bought a car that broke down after a few days and the garage I bought it from tried to tell me I had no recourse because it was an older car and I hadn't paid for a warranty. Apparently the best they could do was to try to fix it but I would have to pay to have it towed to them. I e-mailed them a copy of this booklet with the relevant sections highlighted and suggested that perhaps they had 'forgotten' about these rules. I got a full refund the next day. I now think everyone who buys a used car should read this document!

@lovelypidgeon thank you I'll get DSS to print this out and put the relevant facts into an email too just in case we are needing a small claims court in the future.

I'd specifically mention in your e-mail that you've read the OFT document too- in my case that seemed to make a difference

Yes, OFT, Trading Standards, distance selling...going to mention the lot!

Good luck!

If he doesn’t get his money back, then small claims court, which is done online.