Dealer Money Back Clause
Discussion
Morning guys. I bought a used car (Panda 4x4) from a dealer a 280 round trip away from home and have since racked up about 700 miles in the 7 days since purchasing it. I found some vibrations through the gearbox so called up the warranty people who said speak to the dealer, who said I could take it to a local garage to inspect.
They found underneath that the sump protector is missing and the sump plug itself is also missing and sealed up with some sort of sealant. The Mechanics also reckon the timing chain is dodgy and potential dual mass flywheel making the vibrations, requiring further strip down. Also a weep from the driveshaft and gearbox. The car was meant to be fully serviced by them and I didn't really take the vibrations serious until I took it on a 200 mile commute and was going through the gears when warmed up.
I have requested to take the car back for a full refund as part of their no questions asked 14 day money back guarantee, however noticed in the conditions that the car must have only done up to 500 miles since purchase which I have now exceeded. In this case, does regular consumer rights act 2015 apply, mainly:
"you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car. However, there are strict legal definitions when it comes to describing a car with a fault, so you need to tread carefully if you are thinking of handing a car back.
A car is described as faulty if it meets one of three legal descriptions:
1. If it's not of a satisfactory quality (meaning it's not as you would expect for a car of its age, mileage and price range)."
If they can legally enforce the mileage limit and stop me receiving a refund what would be my next steps?
They found underneath that the sump protector is missing and the sump plug itself is also missing and sealed up with some sort of sealant. The Mechanics also reckon the timing chain is dodgy and potential dual mass flywheel making the vibrations, requiring further strip down. Also a weep from the driveshaft and gearbox. The car was meant to be fully serviced by them and I didn't really take the vibrations serious until I took it on a 200 mile commute and was going through the gears when warmed up.
I have requested to take the car back for a full refund as part of their no questions asked 14 day money back guarantee, however noticed in the conditions that the car must have only done up to 500 miles since purchase which I have now exceeded. In this case, does regular consumer rights act 2015 apply, mainly:
"you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car. However, there are strict legal definitions when it comes to describing a car with a fault, so you need to tread carefully if you are thinking of handing a car back.
A car is described as faulty if it meets one of three legal descriptions:
1. If it's not of a satisfactory quality (meaning it's not as you would expect for a car of its age, mileage and price range)."
If they can legally enforce the mileage limit and stop me receiving a refund what would be my next steps?
Yeah I kind of broke my own rule of buying without seeing but spec was good, background check was find and no advisories on MOT except front brakes which were renewed. Also had a queue of people wanting it so I won't make that mistake again!
It's the Twinair which I've driven before and I knew about the potential issues but knew it had 3 month warranty. The sealed sump plug is proper cowboy stuff and several people said they would reject the car on the basis of that alone. Bought it for 6k, 8 years old with on 45000 miles
It's the Twinair which I've driven before and I knew about the potential issues but knew it had 3 month warranty. The sealed sump plug is proper cowboy stuff and several people said they would reject the car on the basis of that alone. Bought it for 6k, 8 years old with on 45000 miles
Also I purchased it over the phone without seeing it and found this from the Ombudsman:
“Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling."
Photo of the sump
“Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling."
Photo of the sump
Edited by Mouse1903 on Saturday 8th January 10:03
Rick101 said:
I wonder if the threads had been damaged as a new plug (if dropped/lost/missing) is surely no more than a few pounds.
I suspect you are right, probably cross threaded though why anyone would put a sump plug in with such force is beyond me, I did once buy a new sump plug from Euro Car Parts thoguh and cost around £5 so they are very cheap. To the OP i agree with others it needs to go back given the state it's in, only issue maybe re the mileage is the dealer may try and make a deduction for excess mileage but that would seem cheeky given the faults
Further reading sounds like I'm covered but they may deduct a certain amount per mile over which I'll take.
The sump plug is a comical bodge. And I agree, it's beyond me why you need force on a sump plug. A new sump is 200+ so they probably couldn't be arsed.
Lesson learned, even if car checks out ok on history etc. and there's a demand don't buy until you physically see and drive it. I should know better, although not bought a used car since 2006.
The sump plug is a comical bodge. And I agree, it's beyond me why you need force on a sump plug. A new sump is 200+ so they probably couldn't be arsed.
Lesson learned, even if car checks out ok on history etc. and there's a demand don't buy until you physically see and drive it. I should know better, although not bought a used car since 2006.
Mouse1903 said:
Further reading sounds like I'm covered but they may deduct a certain amount per mile over which I'll take.
The sump plug is a comical bodge. And I agree, it's beyond me why you need force on a sump plug. A new sump is 200+ so they probably couldn't be arsed.
Lesson learned, even if car checks out ok on history etc. and there's a demand don't buy until you physically see and drive it. I should know better, although not bought a used car since 2006.
not sure with what you have described they should be deducting anythingThe sump plug is a comical bodge. And I agree, it's beyond me why you need force on a sump plug. A new sump is 200+ so they probably couldn't be arsed.
Lesson learned, even if car checks out ok on history etc. and there's a demand don't buy until you physically see and drive it. I should know better, although not bought a used car since 2006.
Mouse1903 said:
Also I purchased it over the phone without seeing it and found this from the Ombudsman:
“Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling."
As I understand it, the distance selling regs only apply if the car was delivered to you. If you went to their premises to collect the car, then it's not a distance sale.“Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling."
If it is a distance sale that's easiest, but even if not then I think that your statutory rights as you mentioned in your first post should be enough to justify rejecting the car - should be easy enough to get the garage that looked at it to put a list of the faults in writing if need be, and it's fairly obvious that those faults are (a) more than 7 days old and (b) render the car in unsatisfactory condition. The sump plug bodge photo alone is probably enough to convince most ppl that of the latter, it's a very good visual representation of "unsatisfactory".
Matt_E_Mulsion said:
I can't quite grasp how a dealer can sell a car they they are supposed to have just serviced with a bodge like that. That really is taking the pee.
Probably on the hope that new owner wouldn't service it again for 12 months and by that time it isn't their problem anymore.Wouldn't trust that dealer as far as I could throw them and car would definitely be heading back.
Especially with the Twinair engine which is reliable IF it's looked after. Once I get the money back I'm going down the route of a new one as it's a great wee car and meets my needs as a daily and for going skiing / hillwalking. Keeps the miles of my 275 Trophy too which was another point of getting one 
Mouse1903 said:
Lesson learned, even if car checks out ok on history etc. and there's a demand don't buy until you physically see and drive it. I should know better, although not bought a used car since 2006.
Dealer: “Loads of people are interested, they’re coming to view after you” = oldest trick in the bookThey are now not getting to my emails or messages left at reception. Talk about playing dirty. I'll be driving the car down on Wednesday when I'm next off so they will be taking it back regardless of them ignoring me.
I already have the email chain showing my complaints plus photos and videos of the car to back everything up.
I already have the email chain showing my complaints plus photos and videos of the car to back everything up.
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