Reasonable buy back/refund value
Discussion
Short version of a very long story..
I was wondering if any one could give opinion on the value to returned if returning a rejected vehicle to a franchised dealer.
Car was rejected within 30 days - dealer offered to swap for other cars but none met the spec, so it was decided, conditionally to repair the affected vehicle.
Car was further rejected before six months, but again due to availability of a similar vehicle, return was conditionally delayed for a full and final fix attempt.
We are now just over the 12 month point, and had four or five more fix attempts since the six month point (it still isn't fixed).
On one hand, it could be said I have had use of the vehicle for 12 months (done 7000 miles).
However, a substantial number of those are actually in taking the vehicle back to the dealers for fixing.
There are other losses on my side, cost of lost work when I can't use the vehicle or delivering/collecting from the dealers for remedial works, fuel costs to travel to the dealers for fixes etc. I am prepared to absorb this, though it will easily run in to some thousands if I were to count everything.
The dealer is unable to offer me a suitable alternative, and I can't order a new one as this particular engine size has been deleted from the range (in this country).
Is a full refund of the purchase price fair?
I suspect the dealer will try and offer its CURRENT market value - in which case they are not really offering anything - I may as well sell it.
Would I be justified in going for full recovery of ALL costs via the legal route, if the purchase price isn't refunded?
Thanks
I was wondering if any one could give opinion on the value to returned if returning a rejected vehicle to a franchised dealer.
Car was rejected within 30 days - dealer offered to swap for other cars but none met the spec, so it was decided, conditionally to repair the affected vehicle.
Car was further rejected before six months, but again due to availability of a similar vehicle, return was conditionally delayed for a full and final fix attempt.
We are now just over the 12 month point, and had four or five more fix attempts since the six month point (it still isn't fixed).
On one hand, it could be said I have had use of the vehicle for 12 months (done 7000 miles).
However, a substantial number of those are actually in taking the vehicle back to the dealers for fixing.
There are other losses on my side, cost of lost work when I can't use the vehicle or delivering/collecting from the dealers for remedial works, fuel costs to travel to the dealers for fixes etc. I am prepared to absorb this, though it will easily run in to some thousands if I were to count everything.
The dealer is unable to offer me a suitable alternative, and I can't order a new one as this particular engine size has been deleted from the range (in this country).
Is a full refund of the purchase price fair?
I suspect the dealer will try and offer its CURRENT market value - in which case they are not really offering anything - I may as well sell it.
Would I be justified in going for full recovery of ALL costs via the legal route, if the purchase price isn't refunded?
Thanks
I am in no way an expert on such matters but I would think you may have issues getting a better than current market value settlement, now.
The rejection should have gone ahead regardless of availability of an alternative vehicle.
You’re now outside the timeframe for rejection and the previous 2 aborted rejections will probably have no bearing on where you are now - you have, essentially, agreed to keep the vehicle.
The rejection should have gone ahead regardless of availability of an alternative vehicle.
You’re now outside the timeframe for rejection and the previous 2 aborted rejections will probably have no bearing on where you are now - you have, essentially, agreed to keep the vehicle.
Unless there was an agreement with the dealer that they would honour the original rejection if the fix(es) didn't work.
Was it a new car when you bought it?
Clearly the dealer was never going to refund you (otherwise you would have taken the refund), so I agree the best you'll get is the dealer/forecourt price of a similar vehicle.
Bert
Was it a new car when you bought it?
Clearly the dealer was never going to refund you (otherwise you would have taken the refund), so I agree the best you'll get is the dealer/forecourt price of a similar vehicle.
Bert
BertBert said:
Unless there was an agreement with the dealer that they would honour the original rejection if the fix(es) didn't work.
Was it a new car when you bought it?
Clearly the dealer was never going to refund you (otherwise you would have taken the refund), so I agree the best you'll get is the dealer/forecourt price of a similar vehicle.
Bert
Thanks for the info...Was it a new car when you bought it?
Clearly the dealer was never going to refund you (otherwise you would have taken the refund), so I agree the best you'll get is the dealer/forecourt price of a similar vehicle.
Bert
I have an email (from me) saying I would accept a full and final attempt at fix or go through with the rejection.
The rejection is implied to be accepted as the dealer offered other (totally unsuitable) alternatives.
I have been further offered some other totally unsuitable vehicles today.
It wasn't new, but 2000 miles on it.
Average time for the dealer to get back to me is 5 weeks!
I could tell you where not to buy a car from.
We had more or less this exact scenario a couple of years back.
Car bought for 16k from main dealer, was returned to the dealer about 10 times with various faults, one severe that they ultimately could not repair. They agreed a buy back as long as we bought another car from their franchise at this point we had owned the car around a year I think and done under 10k miles. They initially offered 11k for the car and we finally agreed ~£14k and was happy with a 2k loss jsut to be rid of it. This took some battling mind with their dealer principal and an email of complaint to the manufacturer. My main argument was that I didn't think they should be able to sell the car on again for more than they paid me for it, however they subsequently listed it for 1k more and it sold within weeks to some other unlucky person..
Car bought for 16k from main dealer, was returned to the dealer about 10 times with various faults, one severe that they ultimately could not repair. They agreed a buy back as long as we bought another car from their franchise at this point we had owned the car around a year I think and done under 10k miles. They initially offered 11k for the car and we finally agreed ~£14k and was happy with a 2k loss jsut to be rid of it. This took some battling mind with their dealer principal and an email of complaint to the manufacturer. My main argument was that I didn't think they should be able to sell the car on again for more than they paid me for it, however they subsequently listed it for 1k more and it sold within weeks to some other unlucky person..
https://www.bailii.org/ew/cases/EWHC/QB/2010/190.h...
https://www.bailii.org/ew/cases/EWCA/Civ/2015/745....
These cases may have some relevance, there are others but I can't find them quickly, the Cadillac on is probably the most applicable but the effect of the Consumer Rights Act on such a decision is unknown.
ellingtj said:
These cases may have some relevance, there are others but I can't find them quickly, the Cadillac on is probably the most applicable but the effect of the Consumer Rights Act on such a decision is unknown.
Interesting reading. If I read that right, I believe that the dealer should be paying back the full purchase price.There are other issues that support my position - the vehicle wasn't as described when sold (it has missing options), which were notified within hours of delivery. Also a formal rejection notice was delivered by email within 30 days.
I guess this will go legal.
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