Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

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:
Original poster
purpledalmation · 19/02/2023 11:31

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.

Yes, put a question up and the advice was reject it. He did. Informed them by email, returned it on a flatbed at his own expense, dealer has said the car was received back.

However he wants to repair and return, which DSS has said no to. Finance company are saying there is no 14 day cooling off period, which I think is a lie. I think he has a statutory right to this regardless.

He was going to pay in £90 monthly instalments and he's employed.

The dealer arranged the finance agreement so I'm assuming he was paid the money. Car was returned at day 7. Finance informed on day 3. I think he's done the best he can, but now the finance company dont want to unwind the agreement and the dealer is saying he will repair and return, despite offering a 14 day no fault return. Dealer is presumably keeping the car, keeping the £1K cash deposit from DSS and the finance money.

We are just confused at the order, what his rights are, what order etc. but will do all the recorded delivery letters.

The finance contract was pooped on by his cat. He has adhd so not good with this stuff. I've sorted things in the past so I'll have to do this again.

OP posts:
LIZS · 19/02/2023 11:32

Yes he needs to make any payments. When did he inform the finance company he had returned the car and was cancelling? Most documents should be available online so not buying the cat story.

Original poster
purpledalmation · 19/02/2023 11:33

@HyacinthineMacaw The dealer has the money from the finance company. The dealer arranged finance. There was a 14 day cooling off period and DSS returned the car and cancelled the finance and the car well within the 14 days.

The dealer has the care, the finance money and DSSs deposit.

OP posts:

Interested in this thread?

Then you might like threads about these subjects:

Driving & parking General shopping
LIZS · 19/02/2023 11:35

So he definitely followed this process?

www.zuto.com/help-and-advice/cancelling-car-finance-agreement/

Original poster
purpledalmation · 19/02/2023 11:36

LIZS · 19/02/2023 11:32

Yes he needs to make any payments. When did he inform the finance company he had returned the car and was cancelling? Most documents should be available online so not buying the cat story.

The cat story is true. He is a walking disaster area. He informed them by email on day 3.

OP posts:
LIZS · 19/02/2023 11:37

Was the cancellation email acknowledged?

Original poster
purpledalmation · 19/02/2023 11:38

LIZS · 19/02/2023 11:35

So he definitely followed this process?

www.zuto.com/help-and-advice/cancelling-car-finance-agreement/

Pretty sure he is doing all that but a salesman on the phone (not recorded unfortunately) told him there was no 14 day cooling off period, which he knew was a lie. Hence all our confusion and not knowing what to do first.

OP posts:
Original poster
purpledalmation · 19/02/2023 11:38

LIZS · 19/02/2023 11:37

Was the cancellation email acknowledged?

I don't know. I'll check with him today.

OP posts:
Original poster
purpledalmation · 19/02/2023 11:39

He live on his own. Not here

OP posts:
Original poster
purpledalmation · 19/02/2023 12:02

So, I've just read multiple emails from the finance company in response to the return and they basically say until the dealer unwinds the deal, they still have a contract with DSS and will pursue it. His emails are well within the 14 day cooling off period.

The dealer is refusing to cancel the deal, insisting the car is being repaired for return. DSS has said repeatedly and via email he won't accept it. It was returned after 7 days.

DSS has done everything right. The dealer has form for this according to Trustpilot so we need the legal route.

OP posts:
LIZS · 19/02/2023 12:10

Google Letter Before Action or ask CAB to help dss do so.

HyacinthineMacaw · 19/02/2023 12:12

purpledalmation · 19/02/2023 12:02

So, I've just read multiple emails from the finance company in response to the return and they basically say until the dealer unwinds the deal, they still have a contract with DSS and will pursue it. His emails are well within the 14 day cooling off period.

The dealer is refusing to cancel the deal, insisting the car is being repaired for return. DSS has said repeatedly and via email he won't accept it. It was returned after 7 days.

DSS has done everything right. The dealer has form for this according to Trustpilot so we need the legal route.

Your first paragraph is exactly what I said when you said it was unfair he had to keep paying the finance company.

You should approach a solicitor and pay them to write to the dealer a ‘letter before action’ on behalf of your son, saying he is prepared to sue them for the money they owe him, so that he can repay his finance.

If they don’t respond by repaying, then you go to small claims court (I am presuming if the repayments are only £90 a month that the sum borrowed is appropriate for small claims).

You will need a copy of the agreement at some point. Get him to check he hasn’t had an emailed copy - that would be the norm, if it was done by distance selling (which I assume it must have been, to allow the 14 day cooling off period).

Original poster
purpledalmation · 19/02/2023 12:50

@HyacinthineMacaw @LIZS Thanks. Letter before action it is. I've probably not been too clear because it's all second hand and a bit jumbled up. It's clearer to me now the fault is with the dealer.

OP posts:
Onefellfromtheappletree · 20/02/2023 07:28

OP there is also a consumer rights to reject a car regardless of cooling off period.

'If the car has a serious fault recognised within the first 30 days that was present when you bought it, you can reject the car and get a full refund'

THIS is what I would be quoting, not a 14 day cooling off period if he hasn't got the contract as this protects him just as much.

AllTheThingsIWantAreHere · 20/02/2023 08:55

There is some shite advice on this thread.
OP you need to do your own proper research on this and not trust random people on the internet.

You SS has done the right thing in returning the car so quickly.

The finance company are being difficult - has he phoned them? Would he let you phone them on his behalf? Threaten the Financial ombudsmen if they don't help sort it out. Mention Consumer Rights act

It's great the garage has offered to fix the car as that shows there was something wrong with the car. So that makes the fact your so utilised his 30 day right to reject very safe

You son will be entitled to all his money back.

Also, how did your son pay?

AllTheThingsIWantAreHere · 20/02/2023 09:06

BTW do you live in England?

I'd send a letter (email is ok) to the garage clearly refusing to have any work done and that he is utilising his 30 day right to return under the Consumer Rights Act 201.

I'd also contact the finance company and insist that they sort it out. You need to request copies of the car finance documentation. This shouldn't be difficult.

If he paid by credit card then he can contact them For a section 75 claim against the finance company. He would need a copy of the contract though.

If he bought the car using a debit card he can try a claim through 'Chargeback'

AllTheThingsIWantAreHere · 20/02/2023 10:04

"If the car has a serious fault recognised within the first 30 days that was present when you bought it, you can reject the car and get a full refund"

I know this comment was copied and pasted by a pp but it's wrong. It doesn't have to be a serious fault.

Also, your SS isn't responsible for the costs of returning the car. He should try and claim those costs back too. I would probably paid for them to be returned too but legally it should be the seller who pays.

Onefellfromtheappletree · 20/02/2023 12:00

AllTheThingsIWantAreHere · 20/02/2023 10:04

"If the car has a serious fault recognised within the first 30 days that was present when you bought it, you can reject the car and get a full refund"

I know this comment was copied and pasted by a pp but it's wrong. It doesn't have to be a serious fault.

Also, your SS isn't responsible for the costs of returning the car. He should try and claim those costs back too. I would probably paid for them to be returned too but legally it should be the seller who pays.

I copied and pasted from the consumer rights website

Onefellfromtheappletree · 20/02/2023 12:03

Apologies! I've found the relative information and pp is correct it doesn't have to be a serious fault.

It has to be of 'satisfactory quality, fit for purpose and as described'

Still, my advice in regards to quoting his consumer rights rather than a cooling off period still stands.

CornishGem1975 · 20/02/2023 12:19

My friend recently took a dealer to small claims court for similar. The court ruled in their favour and the dealer had to take the car back and refund their money in full. They didn't get any costs paid though, including urgent work they'd had to do on the car.

Shade17 · 20/02/2023 15:18

I know he’s entitled to a full refund but I know how difficult some dealers can be about this. What are the issues and what remediation is the dealer proposing? Could it be a decent car once these repairs are carried out?

Original poster
purpledalmation · 20/02/2023 18:23

@AllTheThingsIWantAreHere
DSS phoned the finance company and someone there said he didn't have a cooling off period despite their website saying this.

He paid £2,700 with this finance agreement the dealer set up with zuto. He gave the delivery driver £1,000 cash.
We are all in England
No credit or debit card payments unfortunately
I will put together an email to the dealer with those points, for DSS to send, and ditto with the finance company. I prefer to have a paper trail. We'll ask for the return fees, but it's not so important as the £1000 and the finance being cancelled without penalty. His dad gave him his old reliable car which he is happy with as it's a free car.

I'll quote the consumer act and so on.

Thanks 😊

OP posts:
Original poster
purpledalmation · 20/02/2023 18:25

Shade17 · 20/02/2023 15:18

I know he’s entitled to a full refund but I know how difficult some dealers can be about this. What are the issues and what remediation is the dealer proposing? Could it be a decent car once these repairs are carried out?

No it was 10 years old with 100000 miles on the clock, and the oil was so thick DH said looks like it's never been serviced. Clutch was slipping, ignition keyhole was damaged. Could have had tons more faults.

His dad gave him his old reliable car which he's happy with.

OP posts:
AllTheThingsIWantAreHere · 21/02/2023 00:08

DSS phoned the finance company and someone there said he didn't have a cooling off period despite their website saying this

I wouldn't worry about this it's irrelevant.

You can communicate by email if it's easier.

AllTheThingsIWantAreHere · 21/02/2023 00:25

Sorry my last message is confusing. I know you've already researched this but try reading THIS ARTICLE if you haven't already.

It's nice and clear.

Zuto have to help sort this out. Ask to speak to someone more senior. Or speak to their complaints dept.

Swipe left for the next trending thread