Returning used car within 30-days

[Hifty]

Hi all,

I purchased a Golf from a used dealership 3-weeks ago. I knew it was a Cat D, asked for photos/info and was told it had been scraped along the front driver side of the car resulting in a new bonnet, wing, bumper and drivers door, hence the write off. Photo to prove it, only looked to be minor damage as described. I offered a low price, accepted - win.

Since driving the car, I've noticed a few little issues (replacement door has different speaker to original set, seatbelt doesn't quite retract back, engine light came on (went back off before I could diagnose) etc.) - minor things I can live with and understand are part and parcel of buying a used car.

I was told it had part service history, none of which I have seen yet - dealer keeps fobbing me off saying he's getting it from the third-party and will send it over asap (this has been ongoing for 2 weeks).

However, the major issue was today whilst driving the passenger pillar cover fell off displaying a cut airbag which has been replaced with a bit of toilet roll... This has really annoyed me as I wasn't told any of the airbags had deployed and I was under the impression it was all cosmetic damage.

What rights do I have here? Should they by law have told me an airbag has deployed? I'm still within 30-days of purchase so wondering if I can simply return the car? Can anyone advise?

Cheers,

[Hifty]

Cheers jsims,

Not necessarily looking to get a refund, but not happy with the latest find. I realise it was a Cat D but I figured all safety features would still be there. I can appreciate he may not have realised it wasn't there, but said he was selling it on behalf of the mechanic next door so can assume he knows him fairly well. I was just eager to get some advice before speaking to him directly.

There's no light on the dash - no codes coming up (albeit on a cheap vag reader). I'm worried about other bags being missing now as well - is there any way to check..?

[Hifty]

charltjr said:

Normally I’d probably take more of an “it’s damaged repaired, what do you expect” line, but in this case the issue is hidden and the airbag system has either been coded to switch off those airbag(s) which fired or has been bodged with resistors. If that wasn’t the case the airbag warning light would be on,

So it’s knowingly bodged, and if that’s what they’ve done with the airbag or airbags which deployed who knows what other corners have been cut. I’d be getting rid as fast as humanly possible. Given the airbag system has been bodged and it shouldn’t pass an MoT in it’s current condition hopefully you won’t have too much trouble.

It received a fresh 12-month MOT when I purchased it... Would that mean they've not checked, or they've knowingly ignored it? Not quite sure how to play it at the moment as I feel he may not know about it and fob me off with the whole 'it's damage repaired, you should have checked yourself'.

Will give him a call this afternoon and explain I want to return it. I'll update.

Thanks for the info folks ^^

[Hifty]

eybic said:

You said there is no lights on the dash but does an airbag light come on when you turn the ignition on then go off or is there no airbag light showing at all?

My understanding of warning lights and MOT's are that if it stays on, it's a fail but no light at all wouldn't fail.

Edited by eybic on Wednesday 18th April 12:02

I've just tried, the light didn't come on at all with putting the key on and starting up - but after 5 attempts, it did. It seems to do it 1 in 10... That means the bulb hasn't been removed.. but not sure why that would be?

Any ideas? I'm writing an email to the dealership now to get everything down in writing then following it up with a call. Hopefully he'll accept fault and not be a pain.. but we'll see.

[Hifty]

Thanks all, appreciate the responses.

I've sent an email detailing the issue, called and spoken to the supervisor (the manager is off today...). They're unaware of the airbag being removed, so asked for photos of the issue.
I've sent photos asked for a date to return the car.

Will keep this updated.

[Hifty]

Thanks all, appreciate the responses.

I've sent an email detailing the issue, called and spoken to the supervisor (the manager is off today...). They're unaware of the airbag being removed, so asked for photos of the issue.
I've sent photos asked for a date to return the car.

Will keep this updated.

[Hifty]

Thanks all.

Just heard back from the manager. He's asked me to drop the car with them for 2-days for them to inspect it and come up with a solution.
Realistically I can only drop it off on Monday. The 30-days are up on Tuesday, so if I was to drop it off then, he could keep it until the 30-days are up.

Does anybody know if I'm still within the 30-days as I've made contact about the issue?

[Hifty]

Thanks folks, it sounds like the law is on my side for sure.

My only concern is with it being a CatD, but was told it had been repaired to the highest standard. I'm going to speak to citizens advice now and find out further info.

Appreciate the responses ^^^

[Hifty]

Thanks Coldel,

I've just spoken to CAB and they've pretty much said the same thing.

I've emailed and stated I wish to return the vehicle under the 2015 consumer rights and told him I'll be returning it on Monday for a full refund.
The only reason I wasn't pushing too much is because I feel he didn't actually know himself and as well as the car being a CatD, I didn't know if I had the same rights as any other vehicle.

Turns out I do, and with the 30-day limit approaching, I can't be too nice about this so will just push for a refund.

Will keep you posted.

Thanks,

[Hifty]

Thanks mate.

Dealership have just responded saying they will have to inspect it first and they'll give me a courtesy car during. Can I still just refuse and demand a refund? Don't want this turning nasty and I still believe they weren't aware, but I'm concerned they're just going to delay over the 30-day mark and then leave me with less rights.

[Hifty]

I've just responded telling them I'll be returning it and still expect a full refund. Let's hope they agree and make this whole situation easier.

[Hifty]

coldel said:

Note that you have returned the car within 30 days. They are compelled by law to give you a refund if you decide to reject the car but its not unusual for them to inspect the car for themselves (this should take minutes in this case, you just need to look at the panel!). As I understand it as you reported it within 30 days you have this right, as you made the request to reject within 30 days. After that you still have a right to reject the car, but only if the dealer fails to properly resolve the issue you returned the car for.

There are a few places to read up - have a look here https://www.thecarexpert.co.uk/rejecting-a-car/

Great, thanks. Appreciate your help!

[Hifty]

Sorry to keep bumping up with small questions;

Dealership is promising me they're eager to help, but have said it needs an independent inspection which will take 2-days. The earliest I can return it is on Monday, meaning it'll pass the 30-day deadline. They're refusing to take any action until this inspection has been completed, despite me informing them they only need to look at the panel to see the issue.

I'm going to speak to CAB again to see if they can suggest anything, but does anybody have any thoughts?

[Hifty]

Thanks folks. I've replied telling them they can inspect, but I'm still exercising my rights to reject. No response since then, he's insisting it's procedure for this 2-day inspection. CAB tell me otherwise, and they were even pushing to report it to trading standards which I refused for now as I still don't believe they were aware.

strain said:

If they're offering a curtsey car surely you can get it to them earlier?

Take plenty of photos and send them over, suggest a quick refund to minimise their costs (hire cars, inspections etc)

I have work commitments unfortunately so can't get over until Monday, it's a 3hr round trip from me.

And I agree, I'll get better advice on here which is why I'm asking, but I'm eager to get advice/log in the correct channels as well.

Thanks again all,

[Hifty]

andymc said:

did you sign something agreeing to their procedures? If not all you have to do is make the car available for collection, nothing more, im trade and i just refund, saves a lot of hassle, I know a lot of places wont touch cars on the register, insurance not sex offenders

Thanks Andy, good to know.

Nothing signed from what I remember, other than standard forms.

I'm trying to be nice about it and make it hassle free, so i'll be driving down tomorrow morning and leaving him with it. He's very insistent that it will require a 2-day independent inspection though and I fear he will just refuse me leaving it with him.
Not sure what to do if that happens..

[Hifty]

Ok, so vehicle dropped off. The manager wasn't there unfortunately... Not sure how that may affect things, but i spoke to his business partner and he told me they would investigate and inspect to ensure the vehicle was road worthy. I assured him, no outcome would give me any more faith and the only thing I would accept is a full refund. I still believe they're genuine, but fear they're going to try and refuse on the basis that it was catd and I knew it had been involved in an accident. That said, i left the key and car and told them I expect a refund.

Guess it's wait and see..

I'll upload photos after of the toilet roll repair.. To clarify, it was stuffed behind the column itself, I assume to stop it rubbing. Not in place of the airbag.

Thanks again for the replies all, appreciate it.

[Hifty]

Thanks coldel, that's what I told him. I would only be accepting a refund and i was trying to make it easy for them by telling them that and avoiding the 'independent inspection'. I have pictures of today, emails stating I am exercising my 2015 rights and their replies. The only thing I haven't done is issued them with a letter today, but i don't think that matters...?

[Hifty]

[Hifty]

jsims1 said:

So just to clarify, is there an airbag there or had it been removed?
From the original post I expected a whole toilet roll wedged where the airbag should live?

There's no airbag fitted, it's been cut - the white cloth you can see in the first picture is what remains.

Might have unintentionally misled with the bog roll.. it's stuffed in the cover, assuming to hide a rattle as someone mentioned. It just appears to be a cheap cover up, I have no faith in the repair job now.

My other concern is; the damage I was shown was outer damage to the front driver side; bonnet, wing and door. The airbag deployed is on the passenger side..

This was the picture I was sent when asking about the CatD - 'Bumper and wing'.

[Hifty]

jsims1 said:

I certainly did! but I think the dealer should cut the st and fill the removed airbag full of money to hand back to the OP upon return!

Indeed! Let's hope they come to their senses and don't drag this out..!