Dealer Refusing a Rejected Car
Discussion
Hi all, I travelled all the way from Hastings to York on Sunday to buy a used 65 plate Jaguar XF. Now I was sort of sold a dream.. 101 point check, audited by VOSA and passed with flying colours etc etc. As part of the sale, they agreed to an oil service, replacing a rear light, replacing 2 rear tyres that were an MOT advisory.. and also carrying out a timing belt change that was due, although they asked me to contribute £200 to that. So for a week I was expecting this car to go through a thorough prep stage.. and then be looking fantastic when I arrived on the Sunday to collect it.
This place was stocking Jags, Rolls Royces, etc. and looked like a very nice outfit when I arrived. The salesman said he was pretty much in alone as it was a Sunday, but would rush me through so I could be on my way.. stupidly I agreed and played right into their hands. I signed all the documents and finance docs and then he walked me out to the car, and it looked in a real bad way! Mostly because it was filthy.. like someone had literally just jet washed it with water and dried it. The interior had dog hair everywhere and spilt drink all the over the centre console. I had a moan and they apologised and said they'd pay for someone to detail it back in Hastings. So I agreed and drove off. To be fair it handled the 6 hour drive pretty well but I did notice a couple of faults, like the air con blowing hot, door lock not working etc.
I contacted them and they asked me to get them quotes.. but something just didn't sit right with me, so I booked it in for a check over and inspection at a local Jag specialist. That happened today and basically they've condemned the car. They said the car was heavily corroded underneath, suspension arms were perished, brake hoses were corroded.. all 4 brake discs were lipped, track rods had play in them, both batteries were original and on their last legs... and also that the rear two tyres were still worn, despite that being part of the prep. So I don't even think they done the cambelt like they promised. The specialist said I should send it back and it's clearly not been looked after.
I sent this over to the dealer with all the advisories, and basically said under the consumer act I was rejecting the vehicle. Obviously if it was a couple of arms, or just the brakes I would let them pay for the repair and carry on.. but the fact it's pretty much rotten underneath makes me not want to go anywhere near it even if they did fix the mechanicals.
The dealer has rejected my rejection and stated "We cannot future proof our cars and signs of corrosion underneath would be expected on a car of this age. This has no effect to the running or the performance of the vehicle.".. I then went back and disputed this and said I was calling the finance company to get the ball rolling. They then said that's up to me but they would be declining the rejection either way!
I've only had this car since Sunday!
Will this end up going to court and am I going to end up really out of pocket by the end of the process. What's everyone's thoughts?
This place was stocking Jags, Rolls Royces, etc. and looked like a very nice outfit when I arrived. The salesman said he was pretty much in alone as it was a Sunday, but would rush me through so I could be on my way.. stupidly I agreed and played right into their hands. I signed all the documents and finance docs and then he walked me out to the car, and it looked in a real bad way! Mostly because it was filthy.. like someone had literally just jet washed it with water and dried it. The interior had dog hair everywhere and spilt drink all the over the centre console. I had a moan and they apologised and said they'd pay for someone to detail it back in Hastings. So I agreed and drove off. To be fair it handled the 6 hour drive pretty well but I did notice a couple of faults, like the air con blowing hot, door lock not working etc.
I contacted them and they asked me to get them quotes.. but something just didn't sit right with me, so I booked it in for a check over and inspection at a local Jag specialist. That happened today and basically they've condemned the car. They said the car was heavily corroded underneath, suspension arms were perished, brake hoses were corroded.. all 4 brake discs were lipped, track rods had play in them, both batteries were original and on their last legs... and also that the rear two tyres were still worn, despite that being part of the prep. So I don't even think they done the cambelt like they promised. The specialist said I should send it back and it's clearly not been looked after.
I sent this over to the dealer with all the advisories, and basically said under the consumer act I was rejecting the vehicle. Obviously if it was a couple of arms, or just the brakes I would let them pay for the repair and carry on.. but the fact it's pretty much rotten underneath makes me not want to go anywhere near it even if they did fix the mechanicals.
The dealer has rejected my rejection and stated "We cannot future proof our cars and signs of corrosion underneath would be expected on a car of this age. This has no effect to the running or the performance of the vehicle.".. I then went back and disputed this and said I was calling the finance company to get the ball rolling. They then said that's up to me but they would be declining the rejection either way!
I've only had this car since Sunday!
Will this end up going to court and am I going to end up really out of pocket by the end of the process. What's everyone's thoughts?
BenS94 said:
Tell the finance company. Then tell the dealer you've told them.
So I called the finance company and they said ultimately it comes down to me and the dealer working it out, whether that means it ends up in court if the dealer doesn't budge! But they'll start a complaint.. I'm now waiting for them to send me a complaints form where I have to send evidence. Micholas said:
BenS94 said:
Tell the finance company. Then tell the dealer you've told them.
So I called the finance company and they said ultimately it comes down to me and the dealer working it out, whether that means it ends up in court if the dealer doesn't budge! But they'll start a complaint.. I'm now waiting for them to send me a complaints form where I have to send evidence. dxg said:
You need to park it up somewhere and stop driving it. Continuing to drive it will weaken your case.
I haven't touched it since Sunday because the insurance wasn't due to start until next week.., other than today it got collected for the inspection. I cancelled the insurance today as well. Micholas said:
I haven't touched it since Sunday because the insurance wasn't due to start until next week.., other than today it got collected for the inspection. I cancelled the insurance today as well.
Make sure you SORN it until you get rid as you gan get stung under the continuing insurance regs.......Chris Peacock said:
Not helpful of course but I'm slightly astonished you signed the paperwork and took out finance on a 10 year old Jag without even looking at it, when you had the opportunity to.
Travelling that distance would be a red flag to start with?I’d keep it insured until you return it otherwise what could probably go wrong.
Contact finance company tell them the JAG specialist said reject it, tell them to notify the dealer & return the car ASAP
BenS94 said:
The finance company will deal with it.
I wouldn't sit waiting for them to call back. Considering their presumed initial response of 'it's you and the dealers problem'. The finance company should be taking a active part. I'd be ringing them daily for an update. Clocks ticking.
I'd imagine the OP traveled hundreds of miles for that particular car because the price was low?
To reject the car, it has to have 'significant fault' or be 'unfit for purpose, or AIUI, not be of 'suitable quality'.
A few worn service items and a little superficial corrosion may not be grounds to reject.
If it''s rusty enough to fail an MOT, that's a different matter.
Not fitting the tyres as agreed sound s like failing to provide the agreed goods to the proper quality though.
Likewise, if they haven't changed the belt as agreed, that's serious.
What is 'suitable quality' for a cheap 10 year old car?
It must function and it must be roadworthy.
The CRA is supposed to protect punters when they buy cars with significant faults. Like a broken gearbox or some other major thing that's going to stop the car working. It's not there for people who want an 'as new' car for the price of a banger.
It's not like 'distance selling', where you can return things bought unseen for a refund because you've changed your mind.
There is plenty of online advice on this subject and case histories of people who've won and lost.
It's not always a slam dunk.
What finance was used?
Consumer Credit Act can give you more rights, and credit card companies may have some leverage with retailers.
To reject the car, it has to have 'significant fault' or be 'unfit for purpose, or AIUI, not be of 'suitable quality'.
A few worn service items and a little superficial corrosion may not be grounds to reject.
If it''s rusty enough to fail an MOT, that's a different matter.
Not fitting the tyres as agreed sound s like failing to provide the agreed goods to the proper quality though.
Likewise, if they haven't changed the belt as agreed, that's serious.
What is 'suitable quality' for a cheap 10 year old car?
It must function and it must be roadworthy.
The CRA is supposed to protect punters when they buy cars with significant faults. Like a broken gearbox or some other major thing that's going to stop the car working. It's not there for people who want an 'as new' car for the price of a banger.
It's not like 'distance selling', where you can return things bought unseen for a refund because you've changed your mind.
There is plenty of online advice on this subject and case histories of people who've won and lost.
It's not always a slam dunk.
What finance was used?
Consumer Credit Act can give you more rights, and credit card companies may have some leverage with retailers.
Edited by OutInTheShed on Thursday 3rd April 20:56
Micholas said:
101 point check, audited by VOSA and passed with flying colours etc etc
Your situation is unfortunate and will be a learning curve for you:(1) If a salesman say it's a nice day, go outside and check
(2) 101 point check? I could set up a 1001 point check and not bother checking.
(3) audited by VOSA. This simply means a yearly MOT check. It's utter bull when dealer say this in adverts and is used to draw in the inexperienced and dare I say it, stupid.
vikingaero said:
Micholas said:
101 point check, audited by VOSA and passed with flying colours etc etc
Your situation is unfortunate and will be a learning curve for you:(1) If a salesman say it's a nice day, go outside and check
(2) 101 point check? I could set up a 1001 point check and not bother checking.
(3) audited by VOSA. This simply means a yearly MOT check. It's utter bull when dealer say this in adverts and is used to draw in the inexperienced and dare I say it, stupid.
also, do not cancel the insurance - that would be daft.
I would also consider an a fresh MOT as a 3rd bit of evidence.
I would be getting a garage to actually check if the cam belt is new or old as i think that and the tyres may be the key to pushing for a rejection.
the other issues like worn bushes, brakes etc and some surface corrosion are par for the course when buying a 10 year old car. If you want a car thats not worn out dont buy a 10 year old motor.
the other issues like worn bushes, brakes etc and some surface corrosion are par for the course when buying a 10 year old car. If you want a car thats not worn out dont buy a 10 year old motor.
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