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Dealership refusing refund for faulty used car after 28 days

10 replies

Hesma · Yesterday 20:51

I bought a used car from a dealership and after 28 days it developed a fault. They are refusing to refund me as per the consumer rights act of 2015. Does anybody have any suggestions of what I should do next?

OP posts:
PoppinjayPolly · Yesterday 20:55

Have they offered to fix it?

neilshair · Yesterday 20:56

What is the fault and why are they refusing?

Picoloangel · Yesterday 20:56

Small Claims Court - it seems intimidating but it isn’t. You are covered by the CRA and the Regulations. Write them a letter before action (you’ll find a template online) setting out your rights. If a fault develops within 30
days you’re entitled to a refund. If they don’t pay up issue a claim.

Decacaffeinatednow · Yesterday 20:57

After 30 days they have one opportunity to repair or replace it.

Helpboat · Yesterday 20:57

Send them an LBI letter before action explaining that if you’re not refunded then you will be putting a in a claim form and taking them to county court. Ensure you have a mechanics report regarding the fault.

Erin1975 · Yesterday 21:01

What is the fault? How old is the car?

Your rights depend on those answers.

Helpboat · Yesterday 21:22

You don’t even need a solicitor for this OP. You can go as a litigant in person if they try and draw it out. County court judges are very understanding and will assist you when in court. The whole thing is very simple. You bought a car and it developed a fault with the requisite period and therefore entitled to a refund.

neilshair · Yesterday 21:32

It depends on the fault though, OP isn’t helping themselves by not giving enough detail for an accurate response.

SleepingisanArt · Yesterday 21:38

I think you have to give them an opportunity to repair the fault first. If they can't then at that point they can offer a replacement or a refund. You have to 'follow the correct process' (sorry but in this case it applies) or you'll not be able to win.

We bought a car - it died on the way home from the dealership. They took it away and 7 weeks later it was returned to us having been repaired (main dealer). We went out for the day and had to be recovered to home as it broke down again. We said we wanted a refund as the car had spent longer in the garage than on our drive. We returned it to them on the back of a recovery vehicle. We were refunded and they also paid for the recovery vehicle. We followed the guidelines and walked away with a refund without having to threaten legal action.

prh47bridge · Today 00:28

SleepingisanArt · Yesterday 21:38

I think you have to give them an opportunity to repair the fault first. If they can't then at that point they can offer a replacement or a refund. You have to 'follow the correct process' (sorry but in this case it applies) or you'll not be able to win.

We bought a car - it died on the way home from the dealership. They took it away and 7 weeks later it was returned to us having been repaired (main dealer). We went out for the day and had to be recovered to home as it broke down again. We said we wanted a refund as the car had spent longer in the garage than on our drive. We returned it to them on the back of a recovery vehicle. We were refunded and they also paid for the recovery vehicle. We followed the guidelines and walked away with a refund without having to threaten legal action.

No, OP does not have to give them an opportunity to repair the fault first. As she has had the car less than 30 days she is entitled to reject it and receive a full refund if it is not of satisfactory quality given its age and mileage.

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