Used car dealer imposing deductions on refund
Discussion
Greetings,
Apologies if this had been posted before. I have bought a used Kia ceed that I saw on auto trader "add has been removed and the invoice says Facebook lead" prior to the purchase th dealer delayed physical inspection appointment citing there was a fault with the O2 sensor that he was going to fix it. I have never been good with cars and wouldn't been able to tell on the spot or the three minutes test drive what was wrong with the car other than the fact that the O2 sensor was at fault and that the dealer has it it fixed or aonhe said. He provided no proof of repair, no receipts or invoices. Ony my 2.2 hour drive home unnoticed the car was smoking heavily "I brought this to his attention on inspecting, the dealer said it was simply steam and will clear away on the drive. It didn't.
The car was heavily scented so i couldn't smell the fact there were fumes/ oil burning smell in the cabin which I realised on yh ndrive home. The gearbox is also very sluggish but perhaps that is tonne expected due to the age of the car. I found black soot encrusted on the oil cap, I notified him as soon as I got home of all of these faults and asked him to pay fornth nrepairs which he flatly refused.
This morning on the school run The check engin light came on "the one he had supposedly repaired"
I texted him again thisorninf about the engine light and again he said it was an old car and this was normal and that he will not be paying for any repairs even though he assured me when I was paying that if anything came up he will happily pay for the repairs.
Anyhow due to his refusal to pay for repairs I sent him a rejection of the car via text, he agreed he will take the car back but on condition that he will charge 399 admin fee, I refused. When i pressed him he then said I'll have to drive the car to him or pay for transport as well as the deduction. I refused and told him that's can't b th case if under CAR. He then said he will let me know within 7 days only to reply back the same day that if the matter ever went to a refund that he will have to deduct money he had to spend on prepping the car, noticing DVLA of new owner and warranty fees.
I told this was unlawful so now I have to wait for his reply. I paid £1850 for the car which I had to save over the year, any deductions will make it impossible for me to buy another car for months to come. I am sending him a physical copy of th better tomorrow as I barely get any time from work.
No wonder people hate used car dealers. Is be happy for her m to just repair the fault.
Apologies if this had been posted before. I have bought a used Kia ceed that I saw on auto trader "add has been removed and the invoice says Facebook lead" prior to the purchase th dealer delayed physical inspection appointment citing there was a fault with the O2 sensor that he was going to fix it. I have never been good with cars and wouldn't been able to tell on the spot or the three minutes test drive what was wrong with the car other than the fact that the O2 sensor was at fault and that the dealer has it it fixed or aonhe said. He provided no proof of repair, no receipts or invoices. Ony my 2.2 hour drive home unnoticed the car was smoking heavily "I brought this to his attention on inspecting, the dealer said it was simply steam and will clear away on the drive. It didn't.
The car was heavily scented so i couldn't smell the fact there were fumes/ oil burning smell in the cabin which I realised on yh ndrive home. The gearbox is also very sluggish but perhaps that is tonne expected due to the age of the car. I found black soot encrusted on the oil cap, I notified him as soon as I got home of all of these faults and asked him to pay fornth nrepairs which he flatly refused.
This morning on the school run The check engin light came on "the one he had supposedly repaired"
I texted him again thisorninf about the engine light and again he said it was an old car and this was normal and that he will not be paying for any repairs even though he assured me when I was paying that if anything came up he will happily pay for the repairs.
Anyhow due to his refusal to pay for repairs I sent him a rejection of the car via text, he agreed he will take the car back but on condition that he will charge 399 admin fee, I refused. When i pressed him he then said I'll have to drive the car to him or pay for transport as well as the deduction. I refused and told him that's can't b th case if under CAR. He then said he will let me know within 7 days only to reply back the same day that if the matter ever went to a refund that he will have to deduct money he had to spend on prepping the car, noticing DVLA of new owner and warranty fees.
I told this was unlawful so now I have to wait for his reply. I paid £1850 for the car which I had to save over the year, any deductions will make it impossible for me to buy another car for months to come. I am sending him a physical copy of th better tomorrow as I barely get any time from work.
No wonder people hate used car dealers. Is be happy for her m to just repair the fault.
It sounds like the dealer is going to deduct as much as they can.
My best advice to you is to call Citizens advice so you are fully informed.
They'll point you to template letters on their website so you'll get the correct wording for your letter to the dealer.
Make sure you give the dealer a deadline.
Let us know how you get on.
My best advice to you is to call Citizens advice so you are fully informed.
They'll point you to template letters on their website so you'll get the correct wording for your letter to the dealer.
Make sure you give the dealer a deadline.
Let us know how you get on.
Hi,
It seems like it. But that should be illegal OR Unlawful under consumer rights protection? I have given him 7 days he said he will write to me his official response to my notice so I'll see what he says. In the meantime will talk to citizen advice hopefully tomorrow ifningetna break from work. What's people's experience been with the small claims courts?
It seems like it. But that should be illegal OR Unlawful under consumer rights protection? I have given him 7 days he said he will write to me his official response to my notice so I'll see what he says. In the meantime will talk to citizen advice hopefully tomorrow ifningetna break from work. What's people's experience been with the small claims courts?
How long have you had it?
Dealer Liability in the UK
Your rights depend on the timeframe in which you discovered the fault:
Dealer Liability in the UK
Your rights depend on the timeframe in which you discovered the fault:
- Within the first 30 days: You have the short-term right to reject the car and get a full refund. You must contact the dealer promptly and inform them of the issue.
- Between 30 days and six months: You lose the automatic right to a full refund, but the law works in your favour. It is legally assumed that the fault was present at the time of purchase, and the burden of proof is on the dealer to prove otherwise. The dealer has one opportunity to repair the vehicle or provide a replacement. If they fail to fix it, you are then entitled to a refund, though a reasonable deduction may be made for the use you've had of the car.
- After six months: The burden of proof shifts to you, the consumer. You would need to provide evidence, such as an independent technical report from an expert, to prove that the fault existed at the time of purchase.
MitchT said:
How long have you had it?
Dealer Liability in the UK
Your rights depend on the timeframe in which you discovered the fault:
I notified him within 24 hours. And serves the rejection within 3 days. Dealer Liability in the UK
Your rights depend on the timeframe in which you discovered the fault:
- Within the first 30 days: You have the short-term right to reject the car and get a full refund. You must contact the dealer promptly and inform them of the issue.
- Between 30 days and six months: You lose the automatic right to a full refund, but the law works in your favour. It is legally assumed that the fault was present at the time of purchase, and the burden of proof is on the dealer to prove otherwise. The dealer has one opportunity to repair the vehicle or provide a replacement. If they fail to fix it, you are then entitled to a refund, though a reasonable deduction may be made for the use you've had of the car.
- After six months: The burden of proof shifts to you, the consumer. You would need to provide evidence, such as an independent technical report from an expert, to prove that the fault existed at the time of purchase.
Do you have an invoice with terms and conditions on it? If it states the car needs to be returned to the dealer's premises for rejection, then they can insist you physically return it. If not, then they are obligated to collect it.
<30 day short term right to reject, no deductions are possible (the dealer must swallow any costs incurred) and the refund has to be the same method of payment as the original sale. If there was a part-ex you are not necessarily entitled to it back (but are entitled to its equivalent trade value back).
<30 day short term right to reject, no deductions are possible (the dealer must swallow any costs incurred) and the refund has to be the same method of payment as the original sale. If there was a part-ex you are not necessarily entitled to it back (but are entitled to its equivalent trade value back).
I'll have a look at the invoice again but I don't remember there being any such stipulation. The payment was in cash. So I'd have to visit him for th refund. If he would agree to the full refund I don't mind driving it even though it would cost me £80 in train and bus tickets in the way home.
I think you have to return the car at your expense.
I'd suggest pressing for rejection and not accepting repairs.
In theory, the Consumer Rights Act is on your side, but unfortunately actually getting your money back can be a fight.
I know someone who won a small claims judgement, but never got the money back, because the trader disappeared.
Unfortunately, it's very hard to be an honest trader selling cars to the public for £2k or less. A lot of people on here will tell you all about the law and your rights, but you're quite likely dealing with a trader who doesn't care. There are a lot of outright criminals selling cars.
Personally, I buy pretty cheap cars, but when the trader won't take a Visa card for the deposit, I consider myself warned!
If you think the car was cheap and is fundamentally sound, you could consider just getting it fixed.
Thing is, if you reject it and get your money back, you still need to find something better for similar money, which can be a problem.
Most sub £5k cars have faults!
Most cars which dealers offer for less than £3k are little more than landfill.
I'd suggest pressing for rejection and not accepting repairs.
In theory, the Consumer Rights Act is on your side, but unfortunately actually getting your money back can be a fight.
I know someone who won a small claims judgement, but never got the money back, because the trader disappeared.
Unfortunately, it's very hard to be an honest trader selling cars to the public for £2k or less. A lot of people on here will tell you all about the law and your rights, but you're quite likely dealing with a trader who doesn't care. There are a lot of outright criminals selling cars.
Personally, I buy pretty cheap cars, but when the trader won't take a Visa card for the deposit, I consider myself warned!
If you think the car was cheap and is fundamentally sound, you could consider just getting it fixed.
Thing is, if you reject it and get your money back, you still need to find something better for similar money, which can be a problem.
Most sub £5k cars have faults!
Most cars which dealers offer for less than £3k are little more than landfill.
Sir Bagalot said:
Of course you will be responsible for getting the car back to him.
This was posted in another thread recently:https://www.thecarexpert.co.uk/rejecting-a-car/#3-...
article first 30 days said:
You are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.
i.e. the dealer is responsible for the costs involved in collecting it.snuffy said:
Sir Bagalot said:
Of course you will be responsible for getting the car back to him.
This was posted in another thread recently:https://www.thecarexpert.co.uk/rejecting-a-car/#3-...
article first 30 days said:
You are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.
i.e. the dealer is responsible for the costs involved in collecting it." Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any cost incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them”.
Which says that the consumer is responsible for the costs of returning the car to wherever they collected it from.
Whilst the law is clear on the burden of costs with regard to the returning of the item - the OP needs to be aware of a couple of potential pitfalls in this instance.
The major flag for me is the fact that the dealer has not seen nor inspected the car in this case…
1. The OP drives the vehicle back to the garage / place of purchase. The dealer then pipes-up to say that the mechanical damage to the vehicle has been done as a result of the OP’s continued use / driving the vehicle.
This then gives him a solid counter-claim, should the matter progress any further.
2. In the event of 1. the OP has no technical evidence to counter this argument with the dealer.
Just watch out, as we know that this dealer is not exactly playing within the rules.
The major flag for me is the fact that the dealer has not seen nor inspected the car in this case…
1. The OP drives the vehicle back to the garage / place of purchase. The dealer then pipes-up to say that the mechanical damage to the vehicle has been done as a result of the OP’s continued use / driving the vehicle.
This then gives him a solid counter-claim, should the matter progress any further.
2. In the event of 1. the OP has no technical evidence to counter this argument with the dealer.
Just watch out, as we know that this dealer is not exactly playing within the rules.
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