How to return a (used) car?

[BarcelonaLewis]

Hi all,

I bought a 2006 Grand Espace remotely from a trader in Durham last week. Car looked good, MOT history had virtually no advisories, 62k on the clock and it came with a new MOT and 18 month warranty.

It was delivered to me on Thursday and I drove off to fill it up with diesel. At the petrol station I turned the car on and the dash lights up with ABS/Sevice/Engine management lights. I call the dealer and he says it's likely to be a faulty sensor and they'll pay for me to get it fixed. It's 15 years old so I think annoying but fair enough. The auto stick also doesn't move out of park sometimes, but after turning on and off again it does.

So, drove up to Inverness to see my family that day and all was fine. Bit surprised that the tyres were cracked and looking pretty bald in places given it's just had a flawless MOT, but it drove nicely.
Come today and I'm needing to be heading back and the gear stick now won't move out of park.

From what I've read this is liable for a return for a refund given it's not as described (ie doesn't work). The trader isn't wanting it back, how do I go about returning it and getting my money? Anyone had any experience here?

[anonymous-user]

Expect you may get some stick for the duration of your “test drive”.

IANAL, I’m sure others will explain the rights of rejecting a car, especially distance sold, but I’ve been in a similar situation before and had the mileage thrown back at me during resulting arguments.

[Alfa GTV]

I recently returned a BMW F11 530D, owned for 3 weeks, added just over 2k miles in that time, trip to Scotland and back then over to Lincolnshire, car developed multiple faults, in my ownership, leaky rear airbag suspension, diesel leak, electrical gremlins, kept the vendor updated and wanted it all sorted, I just kept getting excuses and wasn't getting anywhere, however consumer rights act 2015 doesn't prejudice age, mileage of the car, the dealer did take it back begrudgingly after lots of quotes of the act.

Just keep getting back to them stating car is not fit for purpose and you want a full refund, you have 30 days.

Good luck

[The Road Crew]

Whilst it may be your right to return it, this depends a lot on the decency of the trader and their willingness (or not) to abide by the rules.

If they refuse it may well turn into a protracted, stressful battle.

[BarcelonaLewis]

Thanks all. The reviews for car sales are 'mixed' so I'm hoping it doesn't turn difficult, but I've a feeling it might.
Going to get the AA to collect it today and get some sort of diagnostic evidence together and then put it on a recovery truck back to then tomorrow.

Mod edit. No name and shame please

[Muzzer79]

Legally, you have the option to pursue a rejection of the car.

To pursue this, you will need to return the car to the source, with keys, documentation, etc and formally reject it in writing, stating your reasons why and requesting a full refund.

One of two things will then happen.

1. Dealer makes a commercial decision. They will likely have seen or experienced this before. They may see a formal rejection and think it isn't worth the hassle of a potential court case and/or loss of reputation and simply refund you. Great.

2. They may fight it. The law is never cut and dried - there is no such thing as a guaranteed win. If they choose to fight it legally, you will be without a car or your money for however long the case takes to hear and you will have to fund your legal expenses up front (later claiming back for that to a capped amount if you win)
You would need to decide if you are in a position to do this. Some people aren't and/or don't want to.

You may even win and the dealer shuts up shop, liquidating his company and just leaving you with a legal bill.....

The most sensible course of action is to try and meet with the dealer in person and negotiate a deal. You may get all your money back, but should perhaps be prepared to compromise to a small extent, depending on how much you have driven the car. You should perhaps also be prepared to accept the car just being fixed, depending on what’s wrong with it, by another party if necessary.

Choosing your course of action very much depends on your situation and what the dealer is like - if they're reputable, scenario 1 is the most likely outcome but you may have to invest time to achieve it.

Someone else will come along in a minute and tell you I’m talking ‘mince’.

It's easy; cut and dried - all you have to do is file a claim then wait for a cheque, that you don't need legal advice and you can do it all with a YouTube guide. Believe what you will.

[colin79666]

Paid with a credit card or have finance on it? If so they are also liable so you can have that as a fallback if the dealer plays games. You still have to return the car though and I’d imagine that won’t be cheap to trailer. If you otherwise like the car perhaps see what the 18 month warranty might do for you.

[anonymous-user]

Muzzer79 said:

It's easy; cut and dried - all you have to do is file a claim then wait for a cheque, that you don't need legal advice and you can do it all with a YouTube guide. Believe what you will.

Don’t you mean

“And then write a cheque” - costs £400 odd to start a claim… and then the dealer can turn around and settle once they see the paperwork. Ask me how I know…