Approved Used car / Lemon - consumer rights act 2015
Discussion
6 months ago my wife bought a nearly new 'approved used' low mileage car from a main dealer - because they advertised "Peace of mind" and "no hidden surprises". The condition of the car was described as: "I have looked around the car and everything looks fine apart from a small mark near the driver’s door handle which I have attached a photo of. We should be able to improve this with a 'touch in'." On this basis we drove about 70 miles to go and view the car with the intention of buying it; and bringing it home; should it match their description of its condition. My wife and I are very fussy petrol heads and prefer only to buy mint low mileage examples. The promise of "Peace of mind" and "no hidden surprises" was the main reason for going to a main dealer. My first inspection of the vehicle revealed a small dent on the nearside front door and a scuff on the front bumper. I pointed these out to the salesman prior to us taking the car out for a test drive. When we got back from the test drive I inspected the car further and discovered distorted rubber seals on the offside rear door. I lifted the seal where it was distorted the most; and underneath the seal were two deep scratch marks as if someone had tried to break into the car using a screw driver. When I pointed this out to the salesman he had no explanation for this damage. The dent and the scuff I estimated at £50 each to put right. The two deep scratches under the rubber seal I was not too worried about as they could not be seen once the seal was put back in place. I wrongly assumed that the rubber seal could easily be put straight - so we went ahead with the purchase and got £100 knocked off the price for the dent and the scuff. The vehicle only had 6500 miles on the clock and was on a 65 plate. The next day we inspected the car and noticed the drivers door also had distorted rubber seals. We took the car to our local main dealer for him to look at the rubber seals on the offside. We were shocked when they quoted over £400 to replace the rubber seals on both offside doors. We came home very dissappointed and examined the car with a fine tooth comb. We spotted the red LED was broken on the inside of the drivers door. I spotted another small dent on the nearside rear door. I also spotted respray overspray on the headlamp glass on the nearside. I also spotted some masking tape on the inside edge of the offside rear door - a sign that the door may have been resprayed. I discovered more masking tape under the front bumper - another sign of possible respray work having been carried out. When we looked very closely at the paint finish on the drivers door and rear offside door the quality of the paintwork was not to the same standard as the rest of the car - in fact it had a rippled effect if you looked at it from certain angles. We suspected that both doors on this side had been completely resprayed.
On day two we rejected the car and asked for our money back - under the consumer rights act 2015.
We contacted the manufacturer customer services and enquired whether they had any knowledge of repairs done to this vehicle. After all it was an "approved used" vehicle supplied to the main dealer by them. To our horror the customer services confirmed that both offside doors had been resprayed; a 'smart repair' (respray) had also been done to the front bumper and also the rear bumper. Every side of the vehicle was damaged or damaged and repaired. This is not what we were expecting when buying a low mileage nearly new car from a main dealer.
Six months on the car is still on our drive and has not been used since day 2 of ownership. The dealer refused to accept our rejection and refuses to give us our money back. Under the consumer rights act 2015 the vehicle fails on two counts - it was not as described and it was not of satisfactory quality. Under the old law the dealer could offer to repair the vehicle. But under the new law the customer does not have to accept an offer of repair. The dealer did offer to repair the vehicle - but as the vehicle has already been repaired multiple times - and not to a satisfactory standard - we rejected his offer to repair the vehicle. We just wanted our money back - which we are entitled to under the law. It would have been no skin of the dealers nose to take the car back and give us our money back - he could have repaired the vehicle and sold it to someone else - or sent it back to the manufacturer who could have disposed of it through a car auction.
I am not allowed to mention the dealers name or the manufacturer under this forum rules.
Let this be a warning to anyone think of buying an "approved used" vehicle. Approved used does NOT give you "piece of mind" and "no hidden surprises" as they advertise.
We have now had to resort to the expense of a solicitor to try and get our money back; and we are taking the dealer to court. The law has since changed so that you can now go to the motoring Ombudsman if you have an issue like ours - and its free. But when we bought the vehicle we did not have this option as Motorcodes did not deal with used vehicles ; only new ones.
On day two we rejected the car and asked for our money back - under the consumer rights act 2015.
We contacted the manufacturer customer services and enquired whether they had any knowledge of repairs done to this vehicle. After all it was an "approved used" vehicle supplied to the main dealer by them. To our horror the customer services confirmed that both offside doors had been resprayed; a 'smart repair' (respray) had also been done to the front bumper and also the rear bumper. Every side of the vehicle was damaged or damaged and repaired. This is not what we were expecting when buying a low mileage nearly new car from a main dealer.
Six months on the car is still on our drive and has not been used since day 2 of ownership. The dealer refused to accept our rejection and refuses to give us our money back. Under the consumer rights act 2015 the vehicle fails on two counts - it was not as described and it was not of satisfactory quality. Under the old law the dealer could offer to repair the vehicle. But under the new law the customer does not have to accept an offer of repair. The dealer did offer to repair the vehicle - but as the vehicle has already been repaired multiple times - and not to a satisfactory standard - we rejected his offer to repair the vehicle. We just wanted our money back - which we are entitled to under the law. It would have been no skin of the dealers nose to take the car back and give us our money back - he could have repaired the vehicle and sold it to someone else - or sent it back to the manufacturer who could have disposed of it through a car auction.
I am not allowed to mention the dealers name or the manufacturer under this forum rules.
Let this be a warning to anyone think of buying an "approved used" vehicle. Approved used does NOT give you "piece of mind" and "no hidden surprises" as they advertise.
We have now had to resort to the expense of a solicitor to try and get our money back; and we are taking the dealer to court. The law has since changed so that you can now go to the motoring Ombudsman if you have an issue like ours - and its free. But when we bought the vehicle we did not have this option as Motorcodes did not deal with used vehicles ; only new ones.
piggieporker said:
The condition of the car was described as: "I have looked around the car and everything looks fine apart from a small mark
So that's an opinion. Your opinion clearly varied.piggieporker said:
My wife and I are very fussy petrol heads
So you acknowledge that your expectations are very different to those of the average buyer.piggieporker said:
so we went ahead with the purchase
Even after deciding that your opinion was different from theirs.piggieporker said:
We contacted the manufacturer customer services and enquired whether they had any knowledge of repairs done to this vehicle. After all it was an "approved used" vehicle supplied to the main dealer by them.
And does the approved used scheme specify that no body repairs have ever been done to any approved car?piggieporker said:
Six months on the car is still on our drive and has not been used since day 2 of ownership.
But you haven't actually put it beyond your use?piggieporker said:
The dealer refused to accept our rejection and refuses to give us our money back.
I'm not surprised.piggieporker said:
Under the consumer rights act 2015 the vehicle fails on two counts - it was not as described and it was not of satisfactory quality.
IYHO. The description was clearly an opinion, and you decided that your opinion differed even before agreeing the purchase.piggieporker said:
We have now had to resort to the expense of a solicitor to try and get our money back; and we are taking the dealer to court.
Good luck. You're going to need it, I think.I would say if you're looking for a used car that's never had any paintwork I'd suggest you start looking up the price of bus passes. Unless you have any concrete evidence of you saying "Has this car had any paintwork done" & dealer saying no then I wouldn't waste time/money on solicitors
93DW said:
I would say if you're looking for a used car that's never had any paintwork I'd suggest you start looking up the price of bus passes. Unless you have any concrete evidence of you saying "Has this car had any paintwork done" & dealer saying no then I wouldn't waste time/money on solicitors
Even a new car is no guarantee. DELETED: Comment made by a member who's account has been deleted.
The car does sound ropey for one so new.DELETED: Comment made by a member who's account has been deleted.
Me too. I think the hardball thing to do is dump the car at the dealer and put the keys through the letterbox. But you should have done that six months ago. Very easy to just ignore you while the problem is remote.Often Approved Used arrangement have 30 day rejection periods - did that not exist in this case?
>I am surprised you have left it so long.
We rejected the car on day two of ownership in writing. The dealer refused to take the car back and refused to give us a refund.
http://www.which.co.uk/consumer-rights/regulation/...
The Consumer Rights Act 2015
The Consumer Rights Act 2015 became law on 01 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.
So all products - whether physical or digital - must meet the following standards:
• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
++++++++
The dealer is in this situation because he is advertising these "Approved used" cars online before he has taken delivery of them. "Coming soon" is what you will see in his adverts. So if like us you want one straight away; then it doesn't give the dealer much time to properly inspect the vehicle prior to sale. So the 101 point check sheet we were supposed to get on the day of sale was not forthcoming - because we believe it never happened. All they did was to give a a quick wash and valet on the day we went to view it. If the salesman had done his job properly he would have phoned the manufacturer customer services to find out the history of this particular vehicle. He would then have found out the long list of repairs that had been done to this lemon. So when I did ask about the condition of the vehicle - he could have told me the truth about this car ie., it had damage or repairs on every side. If the salesman had done his job properly; and if the dealer had inspected the car thoroughly; then when I asked about the condition of the vehicle - the answer should not have been that the only defect was a small paint blemish by the drivers door handle. If they had told us the truth about this car we would never have driven 70 miles to go and see it.
We rejected the car on day two of ownership in writing. The dealer refused to take the car back and refused to give us a refund.
http://www.which.co.uk/consumer-rights/regulation/...
The Consumer Rights Act 2015
The Consumer Rights Act 2015 became law on 01 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.
So all products - whether physical or digital - must meet the following standards:
• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
++++++++
The dealer is in this situation because he is advertising these "Approved used" cars online before he has taken delivery of them. "Coming soon" is what you will see in his adverts. So if like us you want one straight away; then it doesn't give the dealer much time to properly inspect the vehicle prior to sale. So the 101 point check sheet we were supposed to get on the day of sale was not forthcoming - because we believe it never happened. All they did was to give a a quick wash and valet on the day we went to view it. If the salesman had done his job properly he would have phoned the manufacturer customer services to find out the history of this particular vehicle. He would then have found out the long list of repairs that had been done to this lemon. So when I did ask about the condition of the vehicle - he could have told me the truth about this car ie., it had damage or repairs on every side. If the salesman had done his job properly; and if the dealer had inspected the car thoroughly; then when I asked about the condition of the vehicle - the answer should not have been that the only defect was a small paint blemish by the drivers door handle. If they had told us the truth about this car we would never have driven 70 miles to go and see it.
i think you really need to think out the future and whether trying to prove a point is worthwhile, financially. as shown in the Mercedes case by the motoring ombudsman, it does seem like they are toothless
it may be better just to sell it and move on, you may still be able to claim for damages and might be cheaper.
it may be better just to sell it and move on, you may still be able to claim for damages and might be cheaper.
http://www.autotrader.co.uk/content/news/new-laws-...
What’s new is that, if the product sold fails to meet one or more of those criteria, buyers are entitled to reject the product within the first 30 days of buying it. This ‘early right to reject’ replaces the previous rule, which said retailers only need to repair or replace a faulty item or part.
++++++++++++++++
So even though the dealer offered to repair the vehicle - under the new law we do not have to accept any offers of repair - we are entitled to ask for a full refund - which is what we did. As far as we were concerned this lemon had been repaired too many times already.
What’s new is that, if the product sold fails to meet one or more of those criteria, buyers are entitled to reject the product within the first 30 days of buying it. This ‘early right to reject’ replaces the previous rule, which said retailers only need to repair or replace a faulty item or part.
++++++++++++++++
So even though the dealer offered to repair the vehicle - under the new law we do not have to accept any offers of repair - we are entitled to ask for a full refund - which is what we did. As far as we were concerned this lemon had been repaired too many times already.
piggieporker said:
>I am surprised you have left it so long.
We rejected the car on day two of ownership in writing. The dealer refused to take the car back and refused to give us a refund.
http://www.which.co.uk/consumer-rights/regulation/...
The Consumer Rights Act 2015
The Consumer Rights Act 2015 became law on 01 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.
So all products - whether physical or digital - must meet the following standards:
• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
++++++++
The dealer is in this situation because he is advertising these "Approved used" cars online before he has taken delivery of them. "Coming soon" is what you will see in his adverts. So if like us you want one straight away; then it doesn't give the dealer much time to properly inspect the vehicle prior to sale. So the 101 point check sheet we were supposed to get on the day of sale was not forthcoming - because we believe it never happened. All they did was to give a a quick wash and valet on the day we went to view it. If the salesman had done his job properly he would have phoned the manufacturer customer services to find out the history of this particular vehicle. He would then have found out the long list of repairs that had been done to this lemon. So when I did ask about the condition of the vehicle - he could have told me the truth about this car ie., it had damage or repairs on every side. If the salesman had done his job properly; and if the dealer had inspected the car thoroughly; then when I asked about the condition of the vehicle - the answer should not have been that the only defect was a small paint blemish by the drivers door handle. If they had told us the truth about this car we would never have driven 70 miles to go and see it.
Approved used doesn't mean you are getting a higher quality car. Main dealers source cars from auctions, take trade ins and cars from hire companies. Plenty of them will have been bumped and bashed.We rejected the car on day two of ownership in writing. The dealer refused to take the car back and refused to give us a refund.
http://www.which.co.uk/consumer-rights/regulation/...
The Consumer Rights Act 2015
The Consumer Rights Act 2015 became law on 01 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.
So all products - whether physical or digital - must meet the following standards:
• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
++++++++
The dealer is in this situation because he is advertising these "Approved used" cars online before he has taken delivery of them. "Coming soon" is what you will see in his adverts. So if like us you want one straight away; then it doesn't give the dealer much time to properly inspect the vehicle prior to sale. So the 101 point check sheet we were supposed to get on the day of sale was not forthcoming - because we believe it never happened. All they did was to give a a quick wash and valet on the day we went to view it. If the salesman had done his job properly he would have phoned the manufacturer customer services to find out the history of this particular vehicle. He would then have found out the long list of repairs that had been done to this lemon. So when I did ask about the condition of the vehicle - he could have told me the truth about this car ie., it had damage or repairs on every side. If the salesman had done his job properly; and if the dealer had inspected the car thoroughly; then when I asked about the condition of the vehicle - the answer should not have been that the only defect was a small paint blemish by the drivers door handle. If they had told us the truth about this car we would never have driven 70 miles to go and see it.
Can you post up some pictures of this damage so we can have our opinion?
The issues you found at the forecourt you negotiated a discount for. The other issues you found at home are the risks of buying used.
http://www.honestjohn.co.uk/news/miscellaneous/201...
A Mercedes-Benz dealer has defied the Motor Ombudsman by refusing to accept any decision it may make that a customer is entitled to reject a car over a fundamental fault.
different to your case, but you are going to spending a lot of money to prove a point i would be weighing it all up. have you worked out how much it is worth to sell yourself, WBAC would give you an idea.
edit tio add i thought rejecting the car means you return it to the dealer, not leave it on your drive for 6 months.
A Mercedes-Benz dealer has defied the Motor Ombudsman by refusing to accept any decision it may make that a customer is entitled to reject a car over a fundamental fault.
different to your case, but you are going to spending a lot of money to prove a point i would be weighing it all up. have you worked out how much it is worth to sell yourself, WBAC would give you an idea.
edit tio add i thought rejecting the car means you return it to the dealer, not leave it on your drive for 6 months.
piggieporker said:
>I am surprised you have left it so long.
We rejected the car on day two of ownership in writing. The dealer refused to take the car back and refused to give us a refund.
http://www.which.co.uk/consumer-rights/regulation/...
The Consumer Rights Act 2015
The Consumer Rights Act 2015 became law on 01 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.
So all products - whether physical or digital - must meet the following standards:
• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
++++++++
The dealer is in this situation because he is advertising these "Approved used" cars online before he has taken delivery of them. "Coming soon" is what you will see in his adverts. So if like us you want one straight away; then it doesn't give the dealer much time to properly inspect the vehicle prior to sale. So the 101 point check sheet we were supposed to get on the day of sale was not forthcoming - because we believe it never happened. All they did was to give a a quick wash and valet on the day we went to view it. If the salesman had done his job properly he would have phoned the manufacturer customer services to find out the history of this particular vehicle. He would then have found out the long list of repairs that had been done to this lemon. So when I did ask about the condition of the vehicle - he could have told me the truth about this car ie., it had damage or repairs on every side. If the salesman had done his job properly; and if the dealer had inspected the car thoroughly; then when I asked about the condition of the vehicle - the answer should not have been that the only defect was a small paint blemish by the drivers door handle. If they had told us the truth about this car we would never have driven 70 miles to go and see it.
Highly unlikely you will win if you go legal.We rejected the car on day two of ownership in writing. The dealer refused to take the car back and refused to give us a refund.
http://www.which.co.uk/consumer-rights/regulation/...
The Consumer Rights Act 2015
The Consumer Rights Act 2015 became law on 01 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product.
So all products - whether physical or digital - must meet the following standards:
• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
++++++++
The dealer is in this situation because he is advertising these "Approved used" cars online before he has taken delivery of them. "Coming soon" is what you will see in his adverts. So if like us you want one straight away; then it doesn't give the dealer much time to properly inspect the vehicle prior to sale. So the 101 point check sheet we were supposed to get on the day of sale was not forthcoming - because we believe it never happened. All they did was to give a a quick wash and valet on the day we went to view it. If the salesman had done his job properly he would have phoned the manufacturer customer services to find out the history of this particular vehicle. He would then have found out the long list of repairs that had been done to this lemon. So when I did ask about the condition of the vehicle - he could have told me the truth about this car ie., it had damage or repairs on every side. If the salesman had done his job properly; and if the dealer had inspected the car thoroughly; then when I asked about the condition of the vehicle - the answer should not have been that the only defect was a small paint blemish by the drivers door handle. If they had told us the truth about this car we would never have driven 70 miles to go and see it.
I suggest you buy a new car in future not USED
How could they PDI the car if you took on the same day? Is that correct? You must be incredibly naive or trusting if you think a salesman phones the manufacturer on each car he sells, it's not his job.
Approved used probably stops major accident damage but nothing else, you won't be able to back heel the car as it's still fit for purpose
Approved used probably stops major accident damage but nothing else, you won't be able to back heel the car as it's still fit for purpose
So it's had some paint, I'm not sure that's grounds for rejection. If it had a major mechanical fault then I could understand it. At least if it's had smart repairs it's only something minor and isn't because of major accident damage.
As for manufacturer approved, it's a box ticking excercise and in reality all you get is a slightly better warranty and any dents scratches etc are usually smart repaired.
As for manufacturer approved, it's a box ticking excercise and in reality all you get is a slightly better warranty and any dents scratches etc are usually smart repaired.
Buyers remorse isn't sound ground to reject the vehicle.
You inspected it before purchase and then bought if after negotiating a discount for the faults you found. You can pick apart any used vehicle if you try hard enough, if you wanted new then have a guess at what you should have done.
6 months in this isn't going anywhere, start driving it and admit to your ego that you just had a lot of sand in your vagina that day and made a mistake.
You inspected it before purchase and then bought if after negotiating a discount for the faults you found. You can pick apart any used vehicle if you try hard enough, if you wanted new then have a guess at what you should have done.
6 months in this isn't going anywhere, start driving it and admit to your ego that you just had a lot of sand in your vagina that day and made a mistake.
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