Distance selling car return

Distance selling car return

Author
Discussion

pilateplate

Original Poster:

8 posts

21 months

Tuesday 5th December 2023
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Hi - I am looking for some advice about a distance selling return if anyone has any insights. I purchased a used car, it's a distance sale, and I wasn't happy with it a few days in, I asked if I could swap for a more suitable car, or return it for a refund. I was told if I wanted to swap it then it would be as a part-ex (i.e. at a greatly reduced price), and a return was not acceptable by the dealership.

I wasn't happy but I didn't immediately realise that I was protected under distance selling regulations, so I accepted their response. A few weeks later when I had done some more research, I raised it as a complaint with the Motor Ombudsman. After several further months, they have agreed that I should have been allowed to return the car, and are saying the dealership should take it back now, but less a mileage deduction.

My question is - is this fair? And secondly, how much should a mileage deduction be? I've covered several thousand miles and if they decide it's £2 a mile, then that's the entire value of the car.

I didn't want the car, I was forced to keep it. Had I been allowed to return it, I would've gone for a far more efficient car (this was part of why I wasn't happy with the car, it was EXTREMELY inefficient compared to the advertised figures and even to what I'd expect as someone who's had a bunch of similar segment cars) - this is making me think it isn't my fault I covered the mileage, I had no choice because the return was refused...

Jordie Barretts sock

6,018 posts

26 months

Tuesday 5th December 2023
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I'm sitting comfortably. You may begin.

youngsyr

14,742 posts

199 months

Tuesday 5th December 2023
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Jordie Barretts sock said:
I'm sitting comfortably. You may begin.
I'm also here for the popcorn.

I suggest the OP requests to becompensated for the emotional distress of driving the unwanted car for several thousands of miles, on top of a refund for the full listed price, plus travel costs.

E63eeeeee...

4,546 posts

56 months

Tuesday 5th December 2023
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I guess there's a few options. If you're willing to go to court you've probably got a chance of getting all your money back, but the dealer will argue that you've had some value from the car. And it will cost you some time and money.

If you're willing to accept that you've had some value from the car, work out a reasonable deduction per mile covered and ask for it. In the old days, the printed price guides used to assign a value per mile to cars, so there may be something similar you could work out, maybe put the car through one of the online valuation tools with both mileages and see what that comes back with. If they ask for more than you're willing to accept, and won't move, then you're back to option 1.

BertBert

19,687 posts

218 months

Tuesday 5th December 2023
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I'd suggest any calcs about how much value you've had are completely moot until the dealer agrees with the Ombudsman that they should take back the car! Get that hurdle overcome first would be my view!

pilateplate

Original Poster:

8 posts

21 months

Tuesday 5th December 2023
quotequote all
E63eeeeee... said:
I guess there's a few options. If you're willing to go to court you've probably got a chance of getting all your money back, but the dealer will argue that you've had some value from the car. And it will cost you some time and money.

If you're willing to accept that you've had some value from the car, work out a reasonable deduction per mile covered and ask for it. In the old days, the printed price guides used to assign a value per mile to cars, so there may be something similar you could work out, maybe put the car through one of the online valuation tools with both mileages and see what that comes back with. If they ask for more than you're willing to accept, and won't move, then you're back to option 1.
Thanks - I'm not interested in going to court, I don't want to turn it into anything bigger and also don't want to waste money on it either.

I have clearly had some value from the car, even if against my wishes. I don't think it's fair for the dealership to charge an exorbitant amount of money for this - and I can't find anything online to define what it should be. I will try the online valuation tools to see what they suggest, that's a good idea, thank you.

pilateplate

Original Poster:

8 posts

21 months

Tuesday 5th December 2023
quotequote all
E63eeeeee... said:
I guess there's a few options. If you're willing to go to court you've probably got a chance of getting all your money back, but the dealer will argue that you've had some value from the car. And it will cost you some time and money.

If you're willing to accept that you've had some value from the car, work out a reasonable deduction per mile covered and ask for it. In the old days, the printed price guides used to assign a value per mile to cars, so there may be something similar you could work out, maybe put the car through one of the online valuation tools with both mileages and see what that comes back with. If they ask for more than you're willing to accept, and won't move, then you're back to option 1.
This could be a non-issue, the WBAC calculator came back with only a £375 difference. I'll try to suggest that, I was worried it would be in the thousands.

119

9,505 posts

43 months

Tuesday 5th December 2023
quotequote all
pilateplate said:
Hi - I am looking for some advice about a distance selling return if anyone has any insights. I purchased a used car, it's a distance sale, and I wasn't happy with it a few days in, I asked if I could swap for a more suitable car, or return it for a refund. I was told if I wanted to swap it then it would be as a part-ex (i.e. at a greatly reduced price), and a return was not acceptable by the dealership.

I wasn't happy but I didn't immediately realise that I was protected under distance selling regulations, so I accepted their response. A few weeks later when I had done some more research, I raised it as a complaint with the Motor Ombudsman. After several further months, they have agreed that I should have been allowed to return the car, and are saying the dealership should take it back now, but less a mileage deduction.

My question is - is this fair? And secondly, how much should a mileage deduction be? I've covered several thousand miles and if they decide it's £2 a mile, then that's the entire value of the car.

I didn't want the car, I was forced to keep it. Had I been allowed to return it, I would've gone for a far more efficient car (this was part of why I wasn't happy with the car, it was EXTREMELY inefficient compared to the advertised figures and even to what I'd expect as someone who's had a bunch of similar segment cars) - this is making me think it isn't my fault I covered the mileage, I had no choice because the return was refused...
Did you travel to collect the car or was it delivered to your home?

pilateplate

Original Poster:

8 posts

21 months

Tuesday 5th December 2023
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[redacted]

Jamescrs

4,867 posts

72 months

Wednesday 6th December 2023
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Has the dealer agreed with the ombudsman and said they will now take the car back?

Jordie Barretts sock

6,018 posts

26 months

Wednesday 6th December 2023
quotequote all
Jamescrs said:
Has the dealer agreed with the ombudsman and said they will now take the car back?
Of course not. And they won't. And despite the WBAC thing if only £375 difference in price, that isn't the law, isn't a binding agreement and this while thing will just go quiet after the OP realises he has no case and no chance.

ZX10R NIN

28,367 posts

132 months

Wednesday 6th December 2023
quotequote all
pilateplate said:
Hi - I am looking for some advice about a distance selling return if anyone has any insights. I purchased a used car, it's a distance sale, and I wasn't happy with it a few days in, I asked if I could swap for a more suitable car, or return it for a refund. I was told if I wanted to swap it then it would be as a part-ex (i.e. at a greatly reduced price), and a return was not acceptable by the dealership.

I wasn't happy but I didn't immediately realise that I was protected under distance selling regulations, so I accepted their response. A few weeks later when I had done some more research, I raised it as a complaint with the Motor Ombudsman. After several further months, they have agreed that I should have been allowed to return the car, and are saying the dealership should take it back now, but less a mileage deduction.

My question is - is this fair? And secondly, how much should a mileage deduction be? I've covered several thousand miles and if they decide it's £2 a mile, then that's the entire value of the car.

I didn't want the car, I was forced to keep it. Had I been allowed to return it, I would've gone for a far more efficient car (this was part of why I wasn't happy with the car, it was EXTREMELY inefficient compared to the advertised figures and even to what I'd expect as someone who's had a bunch of similar segment cars) - this is making me think it isn't my fault I covered the mileage, I had no choice because the return was refused...
It's fair & always happens when a car is returned in these situations, speak to the dealer & see what they're now offering.

Go from there BUT speak to the dealer as they're the only people that can give you the info you now need.

zedx19

2,897 posts

147 months

Wednesday 6th December 2023
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Just so we're clear, you wanted to return the car because it didn't match the quoted MPG or electric range figures? What car is it and what were you expecting?

119

9,505 posts

43 months

Wednesday 6th December 2023
quotequote all
zedx19 said:
Just so we're clear, you wanted to return the car because it didn't match the quoted MPG or electric range figures? What car is it and what were you expecting?
And what car ever actually achieves said figures?

zedx19

2,897 posts

147 months

Wednesday 6th December 2023
quotequote all
[redacted]

119

9,505 posts

43 months

Wednesday 6th December 2023
quotequote all
[redacted]

BenS94

2,593 posts

31 months

Wednesday 6th December 2023
quotequote all
You've left it too long. We Buy Any Car or Motorway etc to sell, or of course private sale or part ex. I could understand if you were within the 14 days to return for any reason but you're not, the biggest thing for me here is the thousands of miles you've covered, they'll probably want to "charge" you £300 per 1,000 miles from experience, so you probably will be better off anyway going down another route. Cazoo, Cinch, Motorpoint, Bristol Street Motors, or Arnold Clark seem to be strongest in their offers for cars as dealerships, depending on what car it is.

Aunty Pasty

724 posts

45 months

Wednesday 6th December 2023
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If you really believe the WBAC valuation that is probably the easiest way to get rid of it.

pilateplate

Original Poster:

8 posts

21 months

Wednesday 6th December 2023
quotequote all
Jordie Barretts sock said:
Jamescrs said:
Has the dealer agreed with the ombudsman and said they will now take the car back?
Of course not. And they won't. And despite the WBAC thing if only £375 difference in price, that isn't the law, isn't a binding agreement and this while thing will just go quiet after the OP realises he has no case and no chance.
Spoke to both the dealership and The Motor Ombudsman today, and they've accepted fault and agreed to take the car back. They want to deduct about £800 for the mileage, which I'm OK with as it sounds reasonable enough.

Dashnine

1,488 posts

57 months

Wednesday 6th December 2023
quotequote all
pilateplate said:
Jordie Barretts sock said:
Jamescrs said:
Has the dealer agreed with the ombudsman and said they will now take the car back?
Of course not. And they won't. And despite the WBAC thing if only £375 difference in price, that isn't the law, isn't a binding agreement and this while thing will just go quiet after the OP realises he has no case and no chance.
Spoke to both the dealership and The Motor Ombudsman today, and they've accepted fault and agreed to take the car back. They want to deduct about £800 for the mileage, which I'm OK with as it sounds reasonable enough.
Even though you'd only lose £375 using WBAC? Or is the WBAC price before you enter the true condition of the car, dents, scrathes, etc.?