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Stepson and duff car, returned but can't get his money back.

82 replies

purpledalmation · 18/02/2023 11:41

Also posted in legal.😊

Silly stepson bought a car online which turned out to be a pile of junk. He had 14 days to return it which he did (on a flatbed truck at his own expense) within 7 days. He paid £1000 in cash when delivered and has a finance deal for £2.5K.

The dealer has some dire reviews on trustpilot, although good reviews on Google reviews (??) which is all DSS saw.

The finance company Zuta are saying there was no 14 day refund and he must start paying the finance.

The dealer is saying he will fix the car and return. DSS has said he won't accept it.

DSS tried to fill in the online trading standards form but it won't accept it so he needs to phone them.

He will email the dealer asking to refund the money back into his bank account. Then he will do a letter before action.

He did call the CAB and got some information but is finding it all a bit overwhelming and needs a timeline to follow. He had ADHD so not the best with this type of thing.

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MeMyCatsAndMyBooks · 18/02/2023 11:43

What does the contract say?

purpledalmation · 18/02/2023 11:53

MeMyCatsAndMyBooks · 18/02/2023 11:43

What does the contract say?

I'm not sure except it had a 14 day no fault return policy and money would be refunded.

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purpledalmation · 18/02/2023 11:54

Knowing him the paperwork would have been filed in the bin

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Ihatethenewlook · 18/02/2023 11:55

He’s going to need the contract. No one’s going to be able to help you without knowing what’s in it.

purpledalmation · 18/02/2023 12:53

Ihatethenewlook · 18/02/2023 11:55

He’s going to need the contract. No one’s going to be able to help you without knowing what’s in it.

He said he did it all(finance and sale) over the phone. Got a 'welcome letter' from the finance company but nothing else. He's pretty stupid.

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purpledalmation · 18/02/2023 12:55

Surely there are laws to say what a finance company can do?

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purpledalmation · 18/02/2023 12:56

He doesn't live with us so he is difficult to help.

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ChefsSalad · 18/02/2023 12:59

The finance needs to be paid. Whether that's monthly or as a lump sum when he gets a refund for the car.

purpledalmation · 18/02/2023 13:46

ChefsSalad · 18/02/2023 12:59

The finance needs to be paid. Whether that's monthly or as a lump sum when he gets a refund for the car.

I'm not sure I understand. He has a statutory cooling off period of 3 days. In informed them after 3 days he was cancelling. Why does he have to pay over £2K for a car he doesn't have?

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purpledalmation · 18/02/2023 13:47

He hasn't had any money from the finance company. Has it gone to the dealer?

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Ilikewinter · 18/02/2023 13:53

Did the finance company not send him t&cs and a finance agreement with his "welcome letter". The must have sent him some paperwork through - could it have been sent via email?

purpledalmation · 18/02/2023 16:27

Ilikewinter · 18/02/2023 13:53

Did the finance company not send him t&cs and a finance agreement with his "welcome letter". The must have sent him some paperwork through - could it have been sent via email?

He says not.

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MeMyCatsAndMyBooks · 18/02/2023 16:29

purpledalmation · 18/02/2023 11:54

Knowing him the paperwork would have been filed in the bin

Without the paperwork can't advise you at all. Need to know what it says.

Roominmyhouse · 18/02/2023 16:31

He must have been sent a finance agreement with the terms and conditions. He should also have a 14 day cooling off period from he signed the agreement. He needs to ask for a copy of the agreement asap.

www.mycarcredit.co.uk/cooling-off-period-car-finance/

Hohofortherobbers · 18/02/2023 16:34

He should be able to exercise his consumer rights, product must be fit for purpose, reasonable quality and last a reasonable amount of time. If its faulty within 30 days he can reject the goods. The finance company should be helping him do this as they are jointly liable like a credit card company would be.

Gingerkittykat · 18/02/2023 16:50

The finance will have already been paid to the car dealer, the credit agreement is between him and the finance company and not him and the dealer.

Mylittlesandwich · 18/02/2023 17:06

The money has gone to the dealer on the day the car became his. If he is able to return the car then they need to return the money to the finance company as he owes them the balance. So yes the finance will still need paid in one way or another.

Onefellfromtheappletree · 18/02/2023 17:14

He should exercise his consumer rights, not whatever the dealer tries to say he can and can't do.

The finance needs to be paid as was sent to the dealer the day the car became his.

I have had experience of returning a car within 3 months of buying due to a fault on purchase. The dealership had to clear the balance on the finance agreement to unwind the contract.

Ireallydohope · 18/02/2023 17:25

The darker will try and lie their way out of it

Threaten them with the small claims court if they don't return the money asap to Zeto

Otherwise actually do take them to the small claims court it's not expensive to do so and

Ireallydohope · 18/02/2023 17:25

The dealer

Ireallydohope · 18/02/2023 17:26

Find a local solicitor/ lawyer who can send them an official letter on his behalf maybe if it gets to stressful for him.

It'll be worth the expense

Bard6817 · 18/02/2023 17:29

statutory 14 day cooling off period.

www.citizensadvice.org.uk/debt-and-money/borrowing-money/cancelling-a-loan-or-credit-agreement/

ChefsSalad · 18/02/2023 18:07

Bard6817 · 18/02/2023 17:29

Yes but that link states that if you've had the money it must be paid back. And he hasn't paid the lender back.

ChefsSalad · 18/02/2023 18:08

purpledalmation · 18/02/2023 16:27

He says not.

He's lying

purpledalmation · 18/02/2023 19:11

Ilikewinter · 18/02/2023 13:53

Did the finance company not send him t&cs and a finance agreement with his "welcome letter". The must have sent him some paperwork through - could it have been sent via email?

Apparently his cat pooed on the paperwork. Honestly

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