Should delivery fee be refunded?
Discussion
Can I get some advice?
Took delivery of a used BYD (i know) from a main dealership near Grimsby but car was not as described. Metal work issue, looks like poor repair although the car was sold as 'only with hairline scratches that can be buffed out'. The car is less than a year old with 5k milage.
They offered me either to pay a few hundred pounds more to exchange for a newer car, or they pay me some money to fix at local bodyshop.
Im reluctant to repair it as 1, i never know what the end result will be and they would have washed their hands, and 2, i dont know what happened to the car to have these 'injuries' in the first place.
Now, I suggested that I would like to exercise my right to return the car for a refund as it was not as described. However, they are now saying they will not refund my delivery cost. I agree I should pay the delivery cost if I have a change of heart but if there is a fault with the vehicle in my case, what are my rights?
update:
now they say they will refund the delivery fee, but, I have to drive 280 miles and return the car to the dealership myself...
update:
after a few email back and forth with 3 staff member, esculating higher and higher, finally agree to have the car collected on their own cost and the car + delivery refund to me, subject to their inspection. finger crossed!
Took delivery of a used BYD (i know) from a main dealership near Grimsby but car was not as described. Metal work issue, looks like poor repair although the car was sold as 'only with hairline scratches that can be buffed out'. The car is less than a year old with 5k milage.
They offered me either to pay a few hundred pounds more to exchange for a newer car, or they pay me some money to fix at local bodyshop.
Im reluctant to repair it as 1, i never know what the end result will be and they would have washed their hands, and 2, i dont know what happened to the car to have these 'injuries' in the first place.
Now, I suggested that I would like to exercise my right to return the car for a refund as it was not as described. However, they are now saying they will not refund my delivery cost. I agree I should pay the delivery cost if I have a change of heart but if there is a fault with the vehicle in my case, what are my rights?
update:
now they say they will refund the delivery fee, but, I have to drive 280 miles and return the car to the dealership myself...
Edited by hayhayc on Thursday 22 August 19:33
update:
after a few email back and forth with 3 staff member, esculating higher and higher, finally agree to have the car collected on their own cost and the car + delivery refund to me, subject to their inspection. finger crossed!
Edited by hayhayc on Friday 23 August 01:11
As far as I understand you are entitled to a refund of the delivery charge as long as it wasn’t any kind of premium delivery over what the default is/was. For any special delivery over it you pay the difference. I’m sure I’ll be quickly corrected if I’m wrong.
Contract cancellation regulations https://www.legislation.gov.uk/uksi/2013/3134
Reimbursement by trader in the event of withdrawal or cancellation
34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).
(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.
Contract cancellation regulations https://www.legislation.gov.uk/uksi/2013/3134
Reimbursement by trader in the event of withdrawal or cancellation
34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).
(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.
Edited by kharma45 on Thursday 22 August 18:41
hayhayc said:
£350
It was from Grimsby to Edinburgh
Ok, reason I asked was if you said £39, i'd have said not to waste the energy.It was from Grimsby to Edinburgh
Does the purchase fall under distance selling regulations? I.e you purchased by phone or over the internet.
If so, then you are entitled to a refund of the delivery charge providing it was a standard service.
Edited by MattsCar on Thursday 22 August 19:28
hayhayc said:
plot twist, now they say they will refund the delivery fee,
BUT, I have to return the car myself....
They have admitted the car has faults by offering to pay for repairs, they are chancers, how did you pay fot it?BUT, I have to return the car myself....
Bank transfer you have no chance, by card you have, contact the bank.
MattsCar said:
Ok, reason I asked was if you said £39, i'd have said not to waste the energy.
Does the purchase fall under distance selling regulations? I.e you purchased by phone or over the internet.
If so, then you are entitled to a refund of the delivery charge providing it was a standard service.
lol, if it was £39, I would rather spend my time chilling instead of engaging in email back and forth. Though it does piss me off when they screw me by giving me a repaired car but still want me to take the financial penalty!Does the purchase fall under distance selling regulations? I.e you purchased by phone or over the internet.
If so, then you are entitled to a refund of the delivery charge providing it was a standard service.
Edited by MattsCar on Thursday 22 August 19:28
hayhayc said:
plot twist, now they say they will refund the delivery fee,
BUT, I have to return the car myself....
With things like this there's theory and practice. In theory you shouldn't be out of pocket at all, and likely consumer law is on your side. So, after months of potential back and forth, threats to sue, small claims courts etc, etc, you may 'win' your case. In practice of course, things are different. If they've now offered to refund the delivery cost and refund the purchase price, you should take the offer, even if you've got a 280 mile trip. A bird in the hand, etc...BUT, I have to return the car myself....
Edited by Ezra on Thursday 22 August 20:14
hayhayc said:
MattsCar said:
Ok, reason I asked was if you said £39, i'd have said not to waste the energy.
Does the purchase fall under distance selling regulations? I.e you purchased by phone or over the internet.
If so, then you are entitled to a refund of the delivery charge providing it was a standard service.
lol, if it was £39, I would rather spend my time chilling instead of engaging in email back and forth. Though it does piss me off when they screw me by giving me a repaired car but still want me to take the financial penalty!Does the purchase fall under distance selling regulations? I.e you purchased by phone or over the internet.
If so, then you are entitled to a refund of the delivery charge providing it was a standard service.
Edited by MattsCar on Thursday 22 August 19:28
I asked previously, does the purchase fall under distance selling regulations?
OP - Info here as to whether it counts as distance selling regs: https://www.themotorombudsman.org/distance-sales-f...
Catnip64 said:
Tell them that you agree to deliver it for a full refund on the basis that they pay for your return train fare.
Frig that. Why should they waste their own time? If you paid OP using your credit card, don’t forget you can get them to help out with a S75 claim if the dealer isn’t playing ball.
I paid the deposit with a credit card and the rest with a bank transfer.
The distance selling thing is somewhat difficult to say it was or it wasn't i think.
BUT after persistence, we agreed to have the car picked up and have a full refund of the car cost and the delivery cost pending the inspection of the car on return.
Let's hope it won't fail on the last hurdle and decide to take money off me at the end.
The distance selling thing is somewhat difficult to say it was or it wasn't i think.
BUT after persistence, we agreed to have the car picked up and have a full refund of the car cost and the delivery cost pending the inspection of the car on return.
Let's hope it won't fail on the last hurdle and decide to take money off me at the end.
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