Is my car ‘fit for purpose’?

[CarCrazyDad]

nikaiyo2 said:

Might be worth looking at what WBAC would offer for it...

Why, when the buyer is protected by legal rights to have a refund?

[nikaiyo2]

CarCrazyDad said:

Why, when the buyer is protected by legal rights to have a refund?

Used car prices are daft at the minute, if he can chop it in to WBAC and make a profit from it who cares about a refund?

[mmm-five]

CarCrazyDad said:

Why, when the buyer is protected by legal rights to have a refund?

With an equally legal/fair potential deduction for use/depreciation.

WBAC might offer the OP more than he bought it for, so may be doubly-beneficial to him.

[Jimmy No Hands]

I've been on the other end, albeit not directly but as a salesman for a small prestige indie, so a relatively qualified fly on the wall. All I'll say is legal battles are expensive and very drawn out, if you have a stubborn trader, be prepared for months of back and forth. The last one I was aware we were tied up in took well over 18 months to conclude. It's often not as clear cut as you expect. If you think 2k is worth a lot of time, hassle, stress and potentially money then sure, go for it. You may end up regretting not taking the 33k and moving on with your life.

I personally think it's a reasonable offer. Prep isn't cheap. It's likely a judge would factor in some some costs incurred for the dealer regardless.

Just my two pence, feel free to ignore.

[qwerty360]

CarCrazyDad said:

Of course, but ensure you don't state anything as "full and final settlement"

Easy :-)

I expect that isn't enough.
You almost certainly need to make it clear you are accepting under protest and don't accept it as full and final settlement (documented)... At which point the dealer could refuse and insist it goes through court to get anything...

Chances are at best you can get a refund. But AFAIK the dealer can argue for reductions based on the use/benefit you have had (Quick checks puts mid-term car rental (1-3 months) at ~£50/day so £2k isn't insane) (hence why you need to document arguments over the offer, as it could be deemed reasonable depending on the severity of the issues and courts specifically push for things to be resolved before it reaches them to avoid wasting expensive court time...).

While some of the description suggests there are valid major issues but I expect you can easily spend far more than £2k arguing the toss in court

[Bill]

Jimmy No Hands said:

I've been on the other end, albeit not directly but as a salesman for a small prestige indie, so a relatively qualified fly on the wall. All I'll say is legal battles are expensive and very drawn out, if you have a stubborn trader, be prepared for months of back and forth. The last one I was aware we were tied up in took well over 18 months to conclude. It's often not as clear cut as you expect. If you think 2k is worth a lot of time, hassle, stress and potentially money then sure, go for it. You may end up regretting not taking the 33k and moving on with your life.

I personally think it's a reasonable offer. Prep isn't cheap. It's likely a judge would factor in some some costs incurred for the dealer regardless.

Just my two pence, feel free to ignore.

The dealer sold him a lemon and he's owed a full refund less a bit for mileage.

[Jimmy No Hands]

Bill said:

The dealer sold him a lemon and he's owed a full refund less a bit for mileage.

You've never worked in the trade, have you Bill?

[Bill]

Jimmy No Hands said:

You've never worked in the trade, have you Bill?

No. IMO the dealer is trying to have his cake and eat it. He's charging for prep that clearly wasn't adequate.

[fred bloggs]

What is the make and model ?

[Electro1980]

Jimmy No Hands said:

Bill said:

The dealer sold him a lemon and he's owed a full refund less a bit for mileage.

You've never worked in the trade, have you Bill?

What’s working in the trade got to do with CRA?

[anonymous-user]

Have you put the rejection request to them in writing?

In truth £2k feels like a lot money, the question that needs answering - is the £2k reasonable?

A couple of thoughts, maybe get in touch with trading standards for advice or if you paid any of the cost via card they might help.

[petrolbloke]

Did you buy it on a credit card or finance? If so Section 75 might help you.

Edit: Scrub that, £30k limit.

Edited by petrolbloke on Thursday 24th June 22:07

[DJP]

Tebbers said:

Agree to the £2k deduction, get rid of the car, bank the money and then file a Money Claim Online for your £2k.

That^^.

[Jimmy No Hands]

Electro1980 said:

What’s working in the trade got to do with CRA?

It doesn't. The gist of my post was that you can quote CRA to a used car dealer until you're blue in the face (trust me, I've been on the receiving end, numerous times) but it isn't some sort of mythical text that makes them bend over backwards, it certainly won't be their first rodeo and if one decides to be rather stubborn, it ain't no quick fix. "Fit for purpose" draws a wide meaning.

Thanks for your input to the original post, though.

[MustangGT]

DJP said:

Tebbers said:

Agree to the £2k deduction, get rid of the car, bank the money and then file a Money Claim Online for your £2k.

That^^.

Not going to work if you agreed the £2k reduction.

[RB Will]

Hi all, sorry for lack of replies. I didn't want to get too many details up on here before it was all sorted as I know the dealer browses on here.

All sorted now. Did a bit of quoting the CRA and how the car was failing in relation to it. For the sake of making it quick I offered full refund minus £1000 and they can come and get it and the dealer didn't put up a counter argument they took that. So not terrible all in.

[Jakg]

craigjm said:

Jakg said:

Although obviously you'd expect any car to work, I think £35k is a bit of a red herring.

£35k could be for a Land Cruiser or something you'd expect to be bullet-proof, or it could be for a classic Ferrari or something where foibles are more expected.

The OP says few years old 50k miles and 35k price. That’s not going to be a classic Ferrari or the likes it’s going to be something much more run of the mill

https://www.pistonheads.com/gassing/topic.asp?h=0&f=23&t=1945108
I don't think I was too far off the mark.

EDIT - Just to be clear, I'm not blaming the OP - the faults they had look pretty unreasonable.

Edited by Jakg on Thursday 5th August 20:46

[anonymous-user]

RB Will said:

Hi all, sorry for lack of replies. I didn't want to get too many details up on here before it was all sorted as I know the dealer browses on here.

All sorted now. Did a bit of quoting the CRA and how the car was failing in relation to it. For the sake of making it quick I offered full refund minus £1000 and they can come and get it and the dealer didn't put up a counter argument they took that. So not terrible all in.

Squirt brake fluid over it when it’s back on the forecourt , job done. Waves at dealer lol.

[4rephill]

Iwantafusca said:

RB Will said:

Hi all, sorry for lack of replies. I didn't want to get too many details up on here before it was all sorted as I know the dealer browses on here.

All sorted now. Did a bit of quoting the CRA and how the car was failing in relation to it. For the sake of making it quick I offered full refund minus £1000 and they can come and get it and the dealer didn't put up a counter argument they took that. So not terrible all in.

Squirt brake fluid over it when it’s back on the forecourt , job done. Waves at dealer lol.

Ssshyeah! - Right!

[Pope]

RB Will said:

Hi all, sorry for lack of replies. I didn't want to get too many details up on here before it was all sorted as I know the dealer browses on here.

All sorted now. Did a bit of quoting the CRA and how the car was failing in relation to it. For the sake of making it quick I offered full refund minus £1000 and they can come and get it and the dealer didn't put up a counter argument they took that. So not terrible all in.

Now it's sorted can we know the make and model.......??