Rejecting car from dealer - 30 days
Discussion
I bought a car from a trader and on the way home the engine management light comes on (EML) and the car goes into limp mode.
I notified the dealer 48 hours later.
The dealer is accepting of the rejection but is saying as he can't cancel the warranty that I must forfeit £100 and also pay £100 for the collection of the vehicle so a total of £200 lost on my part.
There's nothing in the sales document that says I must return or pay to have the vehicle returned in the event it gets rejected.
There's nothing in the sales document that says I must pay for the warranty in the event of it needing to be cancelled.
The warranty was included with the price of the car and from what I can tell I should be entitled to a refund in full as I'm with the 30 days period.
At this stage I have paid about £150 for fuel and toll fees to get the car and drive it home. Paid for tax and insurance to which i'll lose a bit in admin fees so that with the fuel costs is a total of around £200 again, so I would be £400 out of pocket because this guys car broke down on the way home?
Can I just cancel the insurance, tax as I have rejected the car, am I responsible for it? It's been sitting on my road for a week now and the guy is taking his time to arrange for someone to collect it.
I'm not interested as to why I rejected it, what faults flags upped etc the dealer has already agreed to accept the car but is expecting me to forfeit some cash to which I legally don't believe I need to.
I notified the dealer 48 hours later.
The dealer is accepting of the rejection but is saying as he can't cancel the warranty that I must forfeit £100 and also pay £100 for the collection of the vehicle so a total of £200 lost on my part.
There's nothing in the sales document that says I must return or pay to have the vehicle returned in the event it gets rejected.
There's nothing in the sales document that says I must pay for the warranty in the event of it needing to be cancelled.
The warranty was included with the price of the car and from what I can tell I should be entitled to a refund in full as I'm with the 30 days period.
At this stage I have paid about £150 for fuel and toll fees to get the car and drive it home. Paid for tax and insurance to which i'll lose a bit in admin fees so that with the fuel costs is a total of around £200 again, so I would be £400 out of pocket because this guys car broke down on the way home?
Can I just cancel the insurance, tax as I have rejected the car, am I responsible for it? It's been sitting on my road for a week now and the guy is taking his time to arrange for someone to collect it.
I'm not interested as to why I rejected it, what faults flags upped etc the dealer has already agreed to accept the car but is expecting me to forfeit some cash to which I legally don't believe I need to.
Edited by Warcloud36 on Wednesday 28th December 22:38
Why not just ask them to inspect the car, have it code read and rectify the fault? It could be something very simple to put right.
If distance is an issue they may agree to have the car looked at at a workshop of your choice local to you.
We had a similar issue last year. We sold a L200 Double cab pick up, we're in Norfolk , the buyer in Harrogate. EML came on and we agreed to the guys local garage to look at it. It was simply a fuel rail pressure sensor which they replaced for us , we paid, customer was happy..
If distance is an issue they may agree to have the car looked at at a workshop of your choice local to you.
We had a similar issue last year. We sold a L200 Double cab pick up, we're in Norfolk , the buyer in Harrogate. EML came on and we agreed to the guys local garage to look at it. It was simply a fuel rail pressure sensor which they replaced for us , we paid, customer was happy..
Draxindustries1 said:
Why not just ask them to inspect the car, have it code read and rectify the fault? It could be something very simple to put right.
If distance is an issue they may agree to have the car looked at at a workshop of your choice local to you.
We had a similar issue last year. We sold a L200 Double cab pick up, we're in Norfolk , the buyer in Harrogate. EML came on and we agreed to the guys local garage to look at it. It was simply a fuel rail pressure sensor which they replaced for us , we paid, customer was happy..
Misfiring on 2 cylinders, turbo solenoid failure. If distance is an issue they may agree to have the car looked at at a workshop of your choice local to you.
We had a similar issue last year. We sold a L200 Double cab pick up, we're in Norfolk , the buyer in Harrogate. EML came on and we agreed to the guys local garage to look at it. It was simply a fuel rail pressure sensor which they replaced for us , we paid, customer was happy..
Because the dealer isn't reliable with collection, bought on 18th, told him on the 20th, said he can get it collected 28th (today) and he didn't call back. Bought another car now as I need it for work. Said he can repair it but I can't wait for them to do so.
I was looking to see if this was correct? If anyone knows the law. I will ask citizens advice as I already sent 2 letters of rejection via special delivery.
"It is the dealer's obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect"
"It is the dealer's obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect"
Warcloud36 said:
I was looking to see if this was correct? If anyone knows the law. I will ask citizens advice as I already sent 2 letters of rejection via special delivery.
"It is the dealer's obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect"
That's correct. "It is the dealer's obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect"
Bit of a bugger for the dealer if they are at the other end of the country but all they have to do is make sure their contract states cost of return is responsibility of buyer then the issue doesn't arise.
I will add the proviso that it is 6 years since I worked for CAB but I'm not aware of any change in that part of the rejection process.
Edited by mcpoot on Thursday 29th December 06:19
Warcloud36 said:
I bought a car from a trader and on the way home the engine management light comes on (EML) and the car goes into limp mode.
I notified the dealer 48 hours later.
The dealer is accepting of the rejection but is saying as he can't cancel the warranty that I must forfeit £100 and also pay £100 for the collection of the vehicle so a total of £200 lost on my part.
There's nothing in the sales document that says I must return or pay to have the vehicle returned in the event it gets rejected.
There's nothing in the sales document that says I must pay for the warranty in the event of it needing to be cancelled.
The warranty was included with the price of the car and from what I can tell I should be entitled to a refund in full as I'm with the 30 days period.
At this stage I have paid about £150 for fuel and toll fees to get the car and drive it home. Paid for tax and insurance to which i'll lose a bit in admin fees so that with the fuel costs is a total of around £200 again, so I would be £400 out of pocket because this guys car broke down on the way home?
Can I just cancel the insurance, tax as I have rejected the car, am I responsible for it? It's been sitting on my road for a week now and the guy is taking his time to arrange for someone to collect it.
I'm not interested as to why I rejected it, what faults flags upped etc the dealer has already agreed to accept the car but is expecting me to forfeit some cash to which I legally don't believe I need to.
Could you contact the warranty company directly? Presumably the warranty is in your name and usually a policy will have a 14 day cancellation clause as long as it is not used.I notified the dealer 48 hours later.
The dealer is accepting of the rejection but is saying as he can't cancel the warranty that I must forfeit £100 and also pay £100 for the collection of the vehicle so a total of £200 lost on my part.
There's nothing in the sales document that says I must return or pay to have the vehicle returned in the event it gets rejected.
There's nothing in the sales document that says I must pay for the warranty in the event of it needing to be cancelled.
The warranty was included with the price of the car and from what I can tell I should be entitled to a refund in full as I'm with the 30 days period.
At this stage I have paid about £150 for fuel and toll fees to get the car and drive it home. Paid for tax and insurance to which i'll lose a bit in admin fees so that with the fuel costs is a total of around £200 again, so I would be £400 out of pocket because this guys car broke down on the way home?
Can I just cancel the insurance, tax as I have rejected the car, am I responsible for it? It's been sitting on my road for a week now and the guy is taking his time to arrange for someone to collect it.
I'm not interested as to why I rejected it, what faults flags upped etc the dealer has already agreed to accept the car but is expecting me to forfeit some cash to which I legally don't believe I need to.
Edited by Warcloud36 on Wednesday 28th December 22:38
Might the dealer be planning on claiming on your behalf so he does not want to cancel the policy?
The warranty will have a 14 day cooling off period where you can cancel at no penalty but you will have to go direct to the warranty company to cancel.
I did the same myself when I bought a used car a few years ago and when I properly read the policy it wasn't anywhere near as god as I was led to believe by the garage so I cancelled within the 14 day window
I did the same myself when I bought a used car a few years ago and when I properly read the policy it wasn't anywhere near as god as I was led to believe by the garage so I cancelled within the 14 day window
From the CRA;
7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.
(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.
(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
How much is the car worth?
If it is a £40k car and you have lost up to £400.00. Be accommodating and accept the loss and get you money back asap.
If is is a £4k shed you have less to lose if you challenge and the dealer starts to become awkward.
I rejected a £15k car a few years ago. The dealer was brilliant and reimbursed me for everything, except fuel, and insurance. He also lend me a loan car until I could find a replacement
If it is a £40k car and you have lost up to £400.00. Be accommodating and accept the loss and get you money back asap.
If is is a £4k shed you have less to lose if you challenge and the dealer starts to become awkward.
I rejected a £15k car a few years ago. The dealer was brilliant and reimbursed me for everything, except fuel, and insurance. He also lend me a loan car until I could find a replacement
Car is £3500.
I don't have any policy numbers or paper work for the warranty, there's been no post due to royal mail strikes and dealer has not yet sent any email in regards to the warranty. Warranty company is "The Autogroup" and the dealer said it was owned by a local that he is good friends with yet he's unable to cancel the policy. 🙄
So seems like the dealer is obliged to collect the car and just refund me £3500 regardless of warranty policy and collection/transport costs.
So once he has received the rejection letter I can cancel the insurance and tax and let him know it will be on the road un-taxed and insured (he probably has his own insurance)
I don't have any policy numbers or paper work for the warranty, there's been no post due to royal mail strikes and dealer has not yet sent any email in regards to the warranty. Warranty company is "The Autogroup" and the dealer said it was owned by a local that he is good friends with yet he's unable to cancel the policy. 🙄
So seems like the dealer is obliged to collect the car and just refund me £3500 regardless of warranty policy and collection/transport costs.
So once he has received the rejection letter I can cancel the insurance and tax and let him know it will be on the road un-taxed and insured (he probably has his own insurance)
Warcloud36 said:
So once he has received the rejection letter I can cancel the insurance and tax and let him know it will be on the road un-taxed and insured (he probably has his own insurance)
I'm not convinced that's an entirely good idea until you know you are no longer the RK. Until then it's still you that is responsible.Warcloud36 said:
Car is £3500.
I don't have any policy numbers or paper work for the warranty, there's been no post due to royal mail strikes and dealer has not yet sent any email in regards to the warranty. Warranty company is "The Autogroup" and the dealer said it was owned by a local that he is good friends with yet he's unable to cancel the policy. ??
So seems like the dealer is obliged to collect the car and just refund me £3500 regardless of warranty policy and collection/transport costs.
So once he has received the rejection letter I can cancel the insurance and tax and let him know it will be on the road un-taxed and insured (he probably has his own insurance)
Not a good idea. While you still have the V5 you are still the registered keeper. If it is found on the road with no tax it'll be YOU that gets done for it, and if it gets damaged at all it will again be YOU that is responsible and without insurance that could be expensive.I don't have any policy numbers or paper work for the warranty, there's been no post due to royal mail strikes and dealer has not yet sent any email in regards to the warranty. Warranty company is "The Autogroup" and the dealer said it was owned by a local that he is good friends with yet he's unable to cancel the policy. ??
So seems like the dealer is obliged to collect the car and just refund me £3500 regardless of warranty policy and collection/transport costs.
So once he has received the rejection letter I can cancel the insurance and tax and let him know it will be on the road un-taxed and insured (he probably has his own insurance)
This sort of think is why, imho, buying a £3.5k dealer price car from a place 150quids worth of fuel away, isn't the best idea.
TBH, as you're not giving him a chance to fix it or even check the fault, (you mention a fault code but if it is from your own reader, or even a mobile guy's reader, they are not always spot on), I'd try to get it back to him and keep it as amicable as you can. This time of year, with so many people off, closed etc, you have to give the chap some slack .
TBH, as you're not giving him a chance to fix it or even check the fault, (you mention a fault code but if it is from your own reader, or even a mobile guy's reader, they are not always spot on), I'd try to get it back to him and keep it as amicable as you can. This time of year, with so many people off, closed etc, you have to give the chap some slack .
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