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Original poster

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.

OP posts:
Ilikewinter · 18/02/2023 19:15

purpledalmation · 18/02/2023 19:11

Apparently his cat pooed on the paperwork. Honestly

Show quote history

Oh wow....well in all honesty I'd leave your incredibly stupid stepson to sort out his own mess.

Original poster
purpledalmation · 18/02/2023 19:16

@ChefsSalad I said you must have had peperwork. He admitted yes but the cat pooped on it. He's had no money so it must have gone to the dealer. I'll get him to phone and get copies of the paperwork. He has emails about cancelling everything and the dealer had the car within 7 days and the finance company notified after 3 days.

OP posts:
Original poster
purpledalmation · 18/02/2023 19:18

@Ilikewinter He has adhd and was trying to be a grown up.

OP posts:

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Driving & parking General shopping
Brahumbug · 18/02/2023 20:25

If he has bought the car with a credit agreement then he has a claim against the credit company under section 75 of the consumer credit act 1974.

Sparklesandsunshine1 · 18/02/2023 20:41

The car might have a 14 day money back offer but unfortunately once finance is signed it’s a separate agreement with a separate company
and would usually need to be repaid along with interest accrued in that period

the dealer will give money back under there terms but then the finance would usually need paying off separately

would dealership offer to buy car back and then the extra cash could be used towards the finance?

Aquamarine1029 · 18/02/2023 20:48

The best possible thing you can do for him is to stay out of it. He needs to figure this out, deal with the consequences, and learn from it.

Original poster
purpledalmation · 18/02/2023 22:08

Aquamarine1029 · 18/02/2023 20:48

The best possible thing you can do for him is to stay out of it. He needs to figure this out, deal with the consequences, and learn from it.

He has adhd and finds this sort of thing very difficult. I don't need advice on leaving him to get on with it, I'm asking for pointers towards the steps he needs to take to get his money back. If this doesn't suit you then don't bother commenting.

OP posts:
Original poster
purpledalmation · 18/02/2023 22:13

Brahumbug · 18/02/2023 20:25

If he has bought the car with a credit agreement then he has a claim against the credit company under section 75 of the consumer credit act 1974.

Thank you. I'll look this up for him and he will ask them to send duplicate documents.

CAB website say that finance companies financing certain items have a 14 day cooling off period. I can't see how he needs to pay anything off on the finance agreement as he emailed after 3 days?

Think I'll have to phone them too, which he has already done, but it's getting things in the right order. He made sure it was all done promptly and there are emails, photos etc.

OP posts:
Original poster
purpledalmation · 18/02/2023 22:14

Sparklesandsunshine1 · 18/02/2023 20:41

The car might have a 14 day money back offer but unfortunately once finance is signed it’s a separate agreement with a separate company
and would usually need to be repaid along with interest accrued in that period

the dealer will give money back under there terms but then the finance would usually need paying off separately

would dealership offer to buy car back and then the extra cash could be used towards the finance?

The car was returned after a week as there was a cooling off period of 14 days. The dealer has the car.

OP posts:
OutDamnedSpot · 18/02/2023 22:14

I think there’s two separate issues here.

  1. he needs to use consumer rights law to get the car refunded. There are template letters online.

  2. once he has the refund, he can use that money to pay off the finance. In the meantime, he probably has to pay the lender.

It’s trading standards you need. They were really helpful when a similar thing happened to me.

ChefsSalad · 18/02/2023 22:24

I can't see how he needs to pay anything off on the finance agreement

He's had £2.5K which is still owed to the finance company. If you believe that you can cancel a loan after you've had the money, but without paying the cash back, you need to not be trying to help your DSS. Rope in someone with basic common sense.

Original poster
purpledalmation · 18/02/2023 22:30

ChefsSalad · 18/02/2023 22:24

I can't see how he needs to pay anything off on the finance agreement

He's had £2.5K which is still owed to the finance company. If you believe that you can cancel a loan after you've had the money, but without paying the cash back, you need to not be trying to help your DSS. Rope in someone with basic common sense.

He hasn't had any money and he hasn't got the car. The dealer has the money and the car.

OP posts:
OutDamnedSpot · 18/02/2023 22:34

Okay, let’s think of it another way.

Imagine he had borrowed the money from the bank. He’d still have to keep paying the bank. So in this case, he still has to pay the finance company.

Once he gets his money back, that will cover the payments.

Original poster
purpledalmation · 18/02/2023 22:34

@OutDamnedSpot Yes, CAB did mention trading standards. So I'll get more information from DSS, then give them a call next week. It's the order everything needs doing in that he doesn't understand. Do need to get duplicates of the agreement documents though, but whether they'll cooperate I'm not sure. They do have a head office number, but we need to get all our facts straight and certain about the legal side first. Don't want to go to a solicitor at the moment as it's throwing good money after bad.

OP posts:
Original poster
purpledalmation · 18/02/2023 22:37

OutDamnedSpot · 18/02/2023 22:34

Okay, let’s think of it another way.

Imagine he had borrowed the money from the bank. He’d still have to keep paying the bank. So in this case, he still has to pay the finance company.

Once he gets his money back, that will cover the payments.

It's to be paid in instalments if £90 pcm. He's had no money from them as such. The car is with the dealer.

I don't think it's reasonable he should pay the full amount then claim it back. That seems crazy. If the dealer has accepted the money for the car from them he is the one who needs to pay it back as he has the car...which is a heap of junk.

OP posts:
OutDamnedSpot · 18/02/2023 22:38

<gives up>

MafaldaHopkirk · 18/02/2023 23:12

Ask for this thread to be moved to the Legal topic. There are some very knowledgeable people on there who can give you some clear advice.

WoodTrees · 18/02/2023 23:17

This link to Which explains your rights, and there are template letters. You will also see there a link to their legal advice service, which might be a good idea for the small cost involved.

www.which.co.uk/consumer-rights/advice/the-car-i-bought-has-a-problem-what-are-my-rights-aAnMC5b0ZzJb

JizzlordTheCat · 18/02/2023 23:21

OutDamnedSpot · 18/02/2023 22:38

<gives up>

You’re better off.

The OP had posted several threads about this issue since her stepson purchased the car, and seems incapable of answering questions in a way that that would allow people to advise appropriately.

Original poster
purpledalmation · 19/02/2023 10:30

@OutDamnedSpot You clearly don't seem to understand. DSS can't repay what he doesn't have.

This is what I've just read in Which

It can be slightly drawn-out process because the dealer will have to refund the finance company rather than you directly. The finance company will then have to terminate your agreement and pay you back your deposit plus any payments you’ve already made, minus any deductions made for fair usage.

This makes more sense as this is what's clearly happened and bears no relationship to your scenario of DSS 'paying money back', it's the dealer who has both the money from the finance company, the deposit and the bloody car.

Can't do anything at the weekend but we have numbers to call and letter templates. Regardless of what's in the finance agreement, DSS has a statutory right to 14 days cooling off period, so we will work on that with him.

OP posts:
Sparklesandsunshine1 · 19/02/2023 10:39

U see stand the issue but you keep saying he can’t pay How was he going to pay money back if he kept the car then?

Sparklesandsunshine1 · 19/02/2023 10:40

Sparklesandsunshine1 · 19/02/2023 10:39

U see stand the issue but you keep saying he can’t pay How was he going to pay money back if he kept the car then?

*understand the issue

LIZS · 19/02/2023 10:44

Did you post about it before? He needs to send a recorded delivery letter showing the facts of when bought, conversations, return, requesting his money back and cancellation of finance. However finance may be separate. How did he plan to pay the instalments, does he work? If finance company are difficult there should be a complaints process and the ombudsman.

HyacinthineMacaw · 19/02/2023 10:48

purpledalmation · 18/02/2023 22:37

It's to be paid in instalments if £90 pcm. He's had no money from them as such. The car is with the dealer.

I don't think it's reasonable he should pay the full amount then claim it back. That seems crazy. If the dealer has accepted the money for the car from them he is the one who needs to pay it back as he has the car...which is a heap of junk.

Show quote history

His agreement is with the finance company.

He owes the money to the finance company.

He agreed separately to buy a car from the dealer.

That is a separate agreement.

The finance company needs to be repaid regardless of what happens with the car. If he had an accident and wrote it off tomorrow, or sold it for scrap, the finance agreement would still need to be paid.

Original poster
purpledalmation · 19/02/2023 11:22

Sparklesandsunshine1 · 19/02/2023 10:39

U see stand the issue but you keep saying he can’t pay How was he going to pay money back if he kept the car then?

Instalments of £90 a month. I believe he may have to make a payment while it's sorted out, and then reclaim it.

OP posts: