Rejecting used main dealer car post 30 days. Anyone done it?
Discussion
Does having a replacement engine make the car not fit for purpose? The car is exactly what they advertised so I can’t see that it’s been miss described either. If it had a 1.6 engine fitted and advertised it as a 2.0 yes miss described.
This is where you may win though as a dealer you can’t by law withhold information that would have influenced your decision whether to buy or not to buy. This can be things like being used as a taxi being a learner driver car etc. It’s a grey area tbh but whether a replacement engine would count I have no idea. I guess the only way to find out if the dealer refuses a refund is to ask a Judge.
This is where you may win though as a dealer you can’t by law withhold information that would have influenced your decision whether to buy or not to buy. This can be things like being used as a taxi being a learner driver car etc. It’s a grey area tbh but whether a replacement engine would count I have no idea. I guess the only way to find out if the dealer refuses a refund is to ask a Judge.
Thanks for all your support.
The way I see it is had the engine been replaced:
.....with a new (or reconditioned one) that was documented in the cars history and with written confirmation of the warranty status of the engine.
Or
....the engine was replaced prior to the dealer receiving it,
Then the dealer has complied with their minimum obligations and the v5 is just an admin oversight.
In this case, the dealer did not disclose to me that THEY had changed the engine just a few weeks before I got it. The v5 not matching is now evidence of this deception.
Will the dvla to tell me what info they have recorded for this engine?
It may be stolen for all I know....
The way I see it is had the engine been replaced:
.....with a new (or reconditioned one) that was documented in the cars history and with written confirmation of the warranty status of the engine.
Or
....the engine was replaced prior to the dealer receiving it,
Then the dealer has complied with their minimum obligations and the v5 is just an admin oversight.
In this case, the dealer did not disclose to me that THEY had changed the engine just a few weeks before I got it. The v5 not matching is now evidence of this deception.
Will the dvla to tell me what info they have recorded for this engine?
It may be stolen for all I know....
Update:
Dvla can't search for engine codes.
Local dealer can't either, but confirmed that Mazda won't put a reconditioned engine in. It would only be a new one with the same number, plus documentation showing the process on the service record.
Mazda warranty confirmed that they can't search and it's up to me to get the history of the engine from the dealer. Only then would they be able to answer the question 'is my warranty currently valid?'. Advised I speak to Mazda UK again and inform them as they CAN search on engine codes.
Dvla can't search for engine codes.
Local dealer can't either, but confirmed that Mazda won't put a reconditioned engine in. It would only be a new one with the same number, plus documentation showing the process on the service record.
Mazda warranty confirmed that they can't search and it's up to me to get the history of the engine from the dealer. Only then would they be able to answer the question 'is my warranty currently valid?'. Advised I speak to Mazda UK again and inform them as they CAN search on engine codes.
Dan W. said:
Just being curious, would you have bought the car if you had been told it had been given a new engine ?
A very valid question Dan.It it was me I'd say yes if they'd been upfront about it, explained the engine number would be different, shown me history/evidence of the previous engine, and serviced the engine. rather than saying to the OP the car wasn't due for a service.
Instead they've chosen not to be upfront about the engine change, provided no evidence of the mileage of that engine, and worse bit it sounds like they've not serviced the car.
Trevor555 said:
Dan W. said:
Just being curious, would you have bought the car if you had been told it had been given a new engine ?
A very valid question Dan.It it was me I'd say yes if they'd been upfront about it, explained the engine number would be different, shown me history/evidence of the previous engine, and serviced the engine. rather than saying to the OP the car wasn't due for a service.
Instead they've chosen not to be upfront about the engine change, provided no evidence of the mileage of that engine, and worse bit it sounds like they've not serviced the car.
having been in similar situations I would let the customer know, its not worth the aftermath in my view.
I had an interesting one on Saturday, Showed a couple around a Honda CRV we had they asked what we had done to the car.
Full service, 12 months mot and it has a small scuff on the corner which we had repaired showed them and they agreed you couldn't tell it had a scuff before.
the guy then decided because it had paintwork it was worth less than asking price.... reminded him that about 80% of vehicles that age have had paintwork at some stage, would he prefer if we didn't do the scuff and left it and asked a tiny bit less ?
I could have not told him about the paintwork but I prefer to be honest because I would rather them not come back saying you didn't tell us its been bumped or hit.... or scuffed....
Dan W. said:
Trevor555 said:
Dan W. said:
Just being curious, would you have bought the car if you had been told it had been given a new engine ?
A very valid question Dan.It it was me I'd say yes if they'd been upfront about it, explained the engine number would be different, shown me history/evidence of the previous engine, and serviced the engine. rather than saying to the OP the car wasn't due for a service.
Instead they've chosen not to be upfront about the engine change, provided no evidence of the mileage of that engine, and worse bit it sounds like they've not serviced the car.
chris52 said:
Stuff including...
This is where you may win though as a dealer you can’t by law withhold information that would have influenced your decision whether to buy or not to buy. This can be things like being used as a taxi being a learner driver car etc. It’s a grey area tbh but whether a replacement engine would count I have no idea. I guess the only way to find out if the dealer refuses a refund is to ask a Judge.
I've come across this before. Where is it? It's not in CRA 2015.This is where you may win though as a dealer you can’t by law withhold information that would have influenced your decision whether to buy or not to buy. This can be things like being used as a taxi being a learner driver car etc. It’s a grey area tbh but whether a replacement engine would count I have no idea. I guess the only way to find out if the dealer refuses a refund is to ask a Judge.
Update: spoke to original supplier of car and git the original engine # which matches the one in the v5.
Rang Mazda warranty who could not confirm the warranty was valid without knowing the history of the replacement engine - which I would need to get from dealer!
Rang Mazda UK again and told them in no uncertain terms that they had a major problem if their dealers were selling approved cars with mazda warranties that were invalid due to non traceable engines being used and hidden from customers.
Gave them both the original number and the one now in the car and they said they would speak to dealer and see what they could find our about the engine.
Reminded them that I am rejecting car (unless engine turns out to be new, which it isn't).
Get call today from Mazda UK and they can't find out anything about the replacement engine.
They have spoken to dealer who can't tell them anything about the engine either.
However, there is a letter in the post heading my way with a resolution 'which I should like'.
Seeing as there is only one solution I will like, let's hope it's settled...
Rang Mazda warranty who could not confirm the warranty was valid without knowing the history of the replacement engine - which I would need to get from dealer!
Rang Mazda UK again and told them in no uncertain terms that they had a major problem if their dealers were selling approved cars with mazda warranties that were invalid due to non traceable engines being used and hidden from customers.
Gave them both the original number and the one now in the car and they said they would speak to dealer and see what they could find our about the engine.
Reminded them that I am rejecting car (unless engine turns out to be new, which it isn't).
Get call today from Mazda UK and they can't find out anything about the replacement engine.
They have spoken to dealer who can't tell them anything about the engine either.
However, there is a letter in the post heading my way with a resolution 'which I should like'.
Seeing as there is only one solution I will like, let's hope it's settled...
Thanks for updating the thread.
So they wont, or cant, verify the details of the engine they fitted.
That doesn't install confidence does it.
And Mazda wont honor the warranty because the dealer wont give out info of the engine.
That'll be an easy one then if you get to court, now you can add the fact you've just been informed by Mazda UK that your warranty is probably invalid.
"Mazda approved used vehicle"
This dealer doesn't deserve to have that banner behind their stock.
So they wont, or cant, verify the details of the engine they fitted.
That doesn't install confidence does it.
And Mazda wont honor the warranty because the dealer wont give out info of the engine.
That'll be an easy one then if you get to court, now you can add the fact you've just been informed by Mazda UK that your warranty is probably invalid.
"Mazda approved used vehicle"
This dealer doesn't deserve to have that banner behind their stock.
Letter arrived from dealers lawyer:
He offers full refund. However, this is as goodwill (not acceptance of rejection), this means he expects muggins here to arrange and pay for the car to be returned. Law says he must pay for collection of vehicle if it's rejected.
Why go all the way to resolve the case and not just arrange collection? Will cost him 220 notes to sort. A load more back and forth by me to his lawyer will cost him more than that.
I can only presume that he thinks his dealership have done a grand job and I am just some irrational customer.
Weird. Anyway I think I still need some professional advice.
He offers full refund. However, this is as goodwill (not acceptance of rejection), this means he expects muggins here to arrange and pay for the car to be returned. Law says he must pay for collection of vehicle if it's rejected.
Why go all the way to resolve the case and not just arrange collection? Will cost him 220 notes to sort. A load more back and forth by me to his lawyer will cost him more than that.
I can only presume that he thinks his dealership have done a grand job and I am just some irrational customer.
Weird. Anyway I think I still need some professional advice.
Chimune said:
Letter arrived from dealers lawyer:
He offers full refund. However, this is as goodwill (not acceptance of rejection), this means he expects muggins here to arrange and pay for the car to be returned. Law says he must pay for collection of vehicle if it's rejected.
Why go all the way to resolve the case and not just arrange collection? Will cost him 220 notes to sort. A load more back and forth by me to his lawyer will cost him more than that.
I can only presume that he thinks his dealership have done a grand job and I am just some irrational customer.
Weird. Anyway I think I still need some professional advice.
agree, no way you should have to return the vehicle at your own cost.He offers full refund. However, this is as goodwill (not acceptance of rejection), this means he expects muggins here to arrange and pay for the car to be returned. Law says he must pay for collection of vehicle if it's rejected.
Why go all the way to resolve the case and not just arrange collection? Will cost him 220 notes to sort. A load more back and forth by me to his lawyer will cost him more than that.
I can only presume that he thinks his dealership have done a grand job and I am just some irrational customer.
Weird. Anyway I think I still need some professional advice.
Chimune said:
Letter arrived from dealers lawyer:
He offers full refund. However, this is as goodwill (not acceptance of rejection), this means he expects muggins here to arrange and pay for the car to be returned. Law says he must pay for collection of vehicle if it's rejected.
Why go all the way to resolve the case and not just arrange collection? Will cost him 220 notes to sort. A load more back and forth by me to his lawyer will cost him more than that.
I can only presume that he thinks his dealership have done a grand job and I am just some irrational customer.
Weird. Anyway I think I still need some professional advice.
Absolute cretins.He offers full refund. However, this is as goodwill (not acceptance of rejection), this means he expects muggins here to arrange and pay for the car to be returned. Law says he must pay for collection of vehicle if it's rejected.
Why go all the way to resolve the case and not just arrange collection? Will cost him 220 notes to sort. A load more back and forth by me to his lawyer will cost him more than that.
I can only presume that he thinks his dealership have done a grand job and I am just some irrational customer.
Weird. Anyway I think I still need some professional advice.
What if you break down on the way back, or have an accident?
They've agreed the refund, the car is now their property.
Send them a steaming letter stating the above, and that you've cancelled your insurance for the car.
Give them 3 days to refund you or you're taking your own legal advice, and adding those costs to the claim.
Trust me, they'll soon send someone to collect it.
Doubt it will help now as you're getting a refund, but for what it's worth the (Mazda) online service history goes:
13/09/11 PDI 6 miles
06/09/12 12mth service 2757 miles
03/07/13 24mth service 7833 miles
20/08/14 36mth service 21919 miles
05/06/15 48mth service 28025 miles
23/02/18 Oil / filter service 62046 miles
13/09/11 PDI 6 miles
06/09/12 12mth service 2757 miles
03/07/13 24mth service 7833 miles
20/08/14 36mth service 21919 miles
05/06/15 48mth service 28025 miles
23/02/18 Oil / filter service 62046 miles
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