Admin fee for returning faulty car to dealer?
Discussion
We bought an Audi A5 with an s-tronic gearbox just over a week ago from a second hand dealer. In that time it already left my wife stranded twice with a message "gearbox malfunction - you can continue driving". She named to get going after 15 minutes each time but has now totally lost trust in the car, especially being stuck at a busy junction with the children in the car. The dealer did offer to look at the issue and get it fixed but my wife refuses and I know she will not get back in the car.
The dealer said we are within our rights to return the car but that they will charge an admin fee of £650. Does this seem reasonable? To me it seems excessive but don't know if I should refuse this or just suck it up. It is an AA approved dealer, maybe I should check with them first?
The dealer said we are within our rights to return the car but that they will charge an admin fee of £650. Does this seem reasonable? To me it seems excessive but don't know if I should refuse this or just suck it up. It is an AA approved dealer, maybe I should check with them first?
polkadot said:
The dealer said we are within our rights to return the car but that they will charge an admin fee of £650.
Give citizens advice a call, it's a free service, they'll talk you through what you need to do/write to the dealer.You're entitled to a full refund if you've experienced a fault within 30 days.
k off.polkadot said:
To be fair they did not look at the car yet and even if it turns out to be a minor fault we have lost all faith in the car. Under the faulty goods part of the consumer act does it matter whether it is a minor or major fault?
I'm interested to know what CAB say about this, can you please let us know.It would be silly if you could return a car for something minor like a bulb blown.
Who decides what would be considered as a fault worthy of returning under the 30 days?
https://www.legislation.gov.uk/ukpga/2015/15/secti...
It's a sliding scale of what should be expected to work, what should have been detected on inspection (if applicable) given the car's age, price, advert etc.
OP's car literally couldn't be driven. For me, that's a slam dunk on "not fit for purpose". Back it goes.
It's a sliding scale of what should be expected to work, what should have been detected on inspection (if applicable) given the car's age, price, advert etc.
OP's car literally couldn't be driven. For me, that's a slam dunk on "not fit for purpose". Back it goes.
polkadot said:
To be fair they did not look at the car yet and even if it turns out to be a minor fault we have lost all faith in the car. Under the faulty goods part of the consumer act does it matter whether it is a minor or major fault?
I believe it depends on the fault.You say you've lost all faith in the car - if an Audi dealer says it was a software issue that has now been cured, would that lack of faith still apply? If so, why?
99% of dealers would just refund you, but if this particular dealer refuses (unless you give him £650, which is outrageous btw) and contests it, will a court see you as being unreasonable because you won't accept a simple fix?
Muzzer79 said:
I believe it depends on the fault.
You say you've lost all faith in the car - if an Audi dealer says it was a software issue that has now been cured, would that lack of faith still apply? If so, why?
99% of dealers would just refund you, but if this particular dealer refuses (unless you give him £650, which is outrageous btw) and contests it, will a court see you as being unreasonable because you won't accept a simple fix?
I would say "thank you for confirming that the car is not fit for purpose" and expect a refundYou say you've lost all faith in the car - if an Audi dealer says it was a software issue that has now been cured, would that lack of faith still apply? If so, why?
99% of dealers would just refund you, but if this particular dealer refuses (unless you give him £650, which is outrageous btw) and contests it, will a court see you as being unreasonable because you won't accept a simple fix?
Under CRA short term right to reject, they can't choose to repair the car. That's up to the buyer.
The CRA is clear, you can have a refund. There is no requirement to pay an admin fee. The dealer cannot charge you for miles driven, wear and tear, collection (unless contract specifies otherwise) or any other costs for return.
Generally the approach should be a cooperative one, you are entitled to a refund but if the problem is a minor one it is encouraged that you give the dealer a chance to look at the problem.
It doesn't sound like buyers remorse and simply changing your mind so the CRA applies, and certainly I can understand after being stranded twice in such a short period of time not wanting to do it again and simply reject the car.
This isn't an uncommon story, dealers will do anything to wriggle off the hook. Keep calm and stick to your legal rights don't get emotional about it, follow up any verbal agreement with them in writing sending it to them special delivery in the post. Keep a log of all the timings of conversations, when you sent the car back, posted letters etc.
Generally the approach should be a cooperative one, you are entitled to a refund but if the problem is a minor one it is encouraged that you give the dealer a chance to look at the problem.
It doesn't sound like buyers remorse and simply changing your mind so the CRA applies, and certainly I can understand after being stranded twice in such a short period of time not wanting to do it again and simply reject the car.
This isn't an uncommon story, dealers will do anything to wriggle off the hook. Keep calm and stick to your legal rights don't get emotional about it, follow up any verbal agreement with them in writing sending it to them special delivery in the post. Keep a log of all the timings of conversations, when you sent the car back, posted letters etc.
essayer said:
Muzzer79 said:
I believe it depends on the fault.
You say you've lost all faith in the car - if an Audi dealer says it was a software issue that has now been cured, would that lack of faith still apply? If so, why?
99% of dealers would just refund you, but if this particular dealer refuses (unless you give him £650, which is outrageous btw) and contests it, will a court see you as being unreasonable because you won't accept a simple fix?
I would say "thank you for confirming that the car is not fit for purpose" and expect a refundYou say you've lost all faith in the car - if an Audi dealer says it was a software issue that has now been cured, would that lack of faith still apply? If so, why?
99% of dealers would just refund you, but if this particular dealer refuses (unless you give him £650, which is outrageous btw) and contests it, will a court see you as being unreasonable because you won't accept a simple fix?
Under CRA short term right to reject, they can't choose to repair the car. That's up to the buyer.
I understand the law but it's practical application may be different.
For example, I could buy a car on which the headlights don't work therefore the car is unfit for purpose.
Under CRA, I can "clearly" reject the car.
But, practically, if a dealer claims they just need new bulbs I think a judge (if it got that far, which is unlikely) may choose to side with common sense.
In the real world it may go differently, but if the car is not fit for purpose then it is not fit for purpose.
Whether that is rectified by a software update or bulb replacement the second it gets back to the dealer is neither here nor there; the car is not fit for purpose and the customer has the right to reject.
Whether that is rectified by a software update or bulb replacement the second it gets back to the dealer is neither here nor there; the car is not fit for purpose and the customer has the right to reject.
This is where the new breed of dealers should clean up - they seem to offer an Amazon level of customer service and returns. That approach simply works and lets you clean up...
I just got burned on my interim banger despite going in with my eyes fully open - my god the shenanigans to avoid fixing the aircon which was a condition of sale and all over a £150 pipe - the lies and deceit and deception... I even have a quote to fix from the garage that dealer said 'doesn't do fixes - only regassing'. Lie lie lie.
I just got burned on my interim banger despite going in with my eyes fully open - my god the shenanigans to avoid fixing the aircon which was a condition of sale and all over a £150 pipe - the lies and deceit and deception... I even have a quote to fix from the garage that dealer said 'doesn't do fixes - only regassing'. Lie lie lie.
I think that in this situation, I would have a friendly discussion about the admin fee, preferably in writing from them to establish that it exists and that you don't really agree with paying it and are doing so somewhat under protest; return the car and take the refund less the £650 with a friendly face; then issue a small claims for the £650.
However, IANAL.
Obviously we don't know what percentage of the purchase price £650 represents, or by how much it would affect the OP's bank balance in percentage terms (he may really need that money, or it may be small change but a point of principle) - there are a lot of times where only losing that much before getting out of a bad buy would seem like a blessing!
My plan would see the bulk, presumably, of the refund secured with a toss of the dice at the balance, while causing the dealer some karma hassle.
However, IANAL.
Obviously we don't know what percentage of the purchase price £650 represents, or by how much it would affect the OP's bank balance in percentage terms (he may really need that money, or it may be small change but a point of principle) - there are a lot of times where only losing that much before getting out of a bad buy would seem like a blessing!
My plan would see the bulk, presumably, of the refund secured with a toss of the dice at the balance, while causing the dealer some karma hassle.
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