Consumer rights

[Philip-b4n61]

I bought a second hand car from a Dealer 3 days ago and have rejected the car and asked for a full refund. The car is now in a local garage due to a fault that developed within 5 miles and had to be relayed to local garage
Got in touch with dealer who is asking for the car back before they will give a refund. I have refused to release the car until refund money is in my account as was the case when I bought the car which was not released to me until the payment was in their account
Any advise please of were I stand in this situation

[MadCaptainJack]

Dunno about the legalities but I would go ahead and return the car to the dealer.

[bmwmike]

Pretty sure you have to return the car back to the dealer when rejecting it. Check out the plod/law section there was a recent similar case.

[Jamescrs]

To return the car for a refund you have to take the car back to the dealer. You can't hold it to ransom until you get your refund.

The returning of the vehicle will be at your own time and cost as well.

[vulture1]

You also need to give them a chance to rectify the issue

[Mojooo]

vulture1 said:

You also need to give them a chance to rectify the issue

Not if you are rejecting it - which has a specific process
The rejection period can be paused if you want to try a repair
https://www.legislation.gov.uk/ukpga/2015/15/secti...

you do need to return goods and stop using them tho

[Simpo Two]

bmwmike said:

Pretty sure you have to return the car back to the dealer when rejecting it. Check out the plod/law section there was a recent similar case.

Indeed. How does the dealer know you're not a scammer who will take the refund and not return what is then his car? You're lucky he's made the offer, take it. He can do the refund while you wait.

[Wagonwheel555]

I would just return the car.

If the dealer has offered to refund it, take the car back and ask them to refund the payment there and then.

[ZX10R NIN]

You have to return the car, normally at your cost.

[M4cruiser]

Philip-b4n61 said:

I have refused to release the car until refund money is in my account as was the case when I bought the car which was not released to me until the payment was in their account

If you want parity with your purchase method, then I guess you were allowed to inspect it before it was "released" to you, so you should do the same, and allow them to inspect it before you release it back to them.

[Philip-b4n61]

Thanks for all your helpful reply's The car in question is an old Classic, was delivered to me from 350 miles away after a 3'rd party inspection and a new M.O.T. When unloaded the delivery driver commented on the Automatic column mounted shifter was a bit tricky which was pointed out in the inspection as may be needing slight adjustment in the future bit ok to use.

Upon test driving it for the first time pulled in to get some petrol and on putting the transmission into an indicated drive pulled away onto the dual carriageway the engine did not change up through the gears and I noticed a crack in the shifter housing and was seized in gear and had to pull into the nearest layby and got recovery to my local garage where they had to remove steering column to remove a broken shifter housing and that is where the car still is and not driveable

[ZX10R NIN]

Philip-b4n61 said:

I bought a second hand car from a Dealer 3 days ago and have rejected the car and asked for a full refund. The car is now in a local garage due to a fault that developed within 5 miles and had to be relayed to local garage
Got in touch with dealer who is asking for the car back before they will give a refund. I have refused to release the car until refund money is in my account as was the case when I bought the car which was not released to me until the payment was in their account
Any advise please of were I stand in this situation

If the fault developed within 5 miles of purchasing the car why didn't you get it towed back to the dealer?

[Philip-b4n61]

The car was 350 miles away from the Dealer and not driveable

[ZX10R NIN]

Philip-b4n61 said:

The car was 350 miles away from the Dealer and not driveable

Makes sense now, you will still need to get the car to the dealer.

[Jamescrs]

It's unfortunate for you that the car has a 350 mile trip back to the dealer but unfortunately you chose to buy the car that far away and the situation remains the same, you need to get it back to the dealer.

You are going to have to pay a transporter to take it back there