Took Delivery of a Lemon
Discussion
Hi folks, I'm writing this on behalf of a friend. She bought a used motor from a dealer in a different region, cash. The car was delivered to her but soon after delivery she found the dashboard lit up like a preverbial Christmas tree. This was just before the festive period and she couldn't get it looked at for a couple of weeks.
Roll-on January. She gets the car assessed and finds that it's the EGR valves need replacing, plus a few other errors. The advice is to not drive the car, which is in limp mode.
The dealer agreed to take the car back but found no faults - she has reports from the local garage though.
Now the dealer has offered a financial settlement, but on the condition that she pays a cost per mile. This includes delivery, miles covered, and collection miles. This is going to add up to over £1,000.
My question to the forum is: in the case of buying a lemon, and rejecting it - can the dealer charge a mileage fee?
If so, is this limited to delivery, or can it extend to collection too?
Roll-on January. She gets the car assessed and finds that it's the EGR valves need replacing, plus a few other errors. The advice is to not drive the car, which is in limp mode.
The dealer agreed to take the car back but found no faults - she has reports from the local garage though.
Now the dealer has offered a financial settlement, but on the condition that she pays a cost per mile. This includes delivery, miles covered, and collection miles. This is going to add up to over £1,000.
My question to the forum is: in the case of buying a lemon, and rejecting it - can the dealer charge a mileage fee?
If so, is this limited to delivery, or can it extend to collection too?
On the basis your friend has used the car, paying for that use is not unreasonable. Whether 35p a mile is reasonable is a different question and seems expensive considering they probably didn't provide the fuel. I think excess mileage charges from a PCP agreement would be more appropriate.
As to the rejection, assume it is being rejected as faulty. As they have said they cannot find any faults this is the difficult bit. Worth discussing with Citizen Advice. It is worth considering an alternative approach to just get rid of it and by offering a lower rate for the per mile use, PCP's seem to charge 4-10p per mile for excess use.
Before everyone jumps up and down at the thought, disputes like this take up a lot of time and cause a lot of grief so £2-300 or so to avoid all that is worth considering.
As to the rejection, assume it is being rejected as faulty. As they have said they cannot find any faults this is the difficult bit. Worth discussing with Citizen Advice. It is worth considering an alternative approach to just get rid of it and by offering a lower rate for the per mile use, PCP's seem to charge 4-10p per mile for excess use.
Before everyone jumps up and down at the thought, disputes like this take up a lot of time and cause a lot of grief so £2-300 or so to avoid all that is worth considering.
FMOB said:
On the basis your friend has used the car, paying for that use is not unreasonable. Whether 35p a mile is reasonable is a different question and seems expensive considering they probably didn't provide the fuel. I think excess mileage charges from a PCP agreement would be more appropriate.
As to the rejection, assume it is being rejected as faulty. As they have said they cannot find any faults this is the difficult bit. Worth discussing with Citizen Advice. It is worth considering an alternative approach to just get rid of it and by offering a lower rate for the per mile use, PCP's seem to charge 4-10p per mile for excess use.
Before everyone jumps up and down at the thought, disputes like this take up a lot of time and cause a lot of grief so £2-300 or so to avoid all that is worth considering.
All sensible advice, but we don't know what the dealer is asking for per mile As to the rejection, assume it is being rejected as faulty. As they have said they cannot find any faults this is the difficult bit. Worth discussing with Citizen Advice. It is worth considering an alternative approach to just get rid of it and by offering a lower rate for the per mile use, PCP's seem to charge 4-10p per mile for excess use.
Before everyone jumps up and down at the thought, disputes like this take up a lot of time and cause a lot of grief so £2-300 or so to avoid all that is worth considering.
FMOB said:
FeelingLucky said:
FMOB said:
lord trumpton said:
Is she fit?
The 1970's called, they want their sexist comments back.[/quote
FFS, really?
I was hoping this was the Moto Guzzi thread!
Or maybe about " lemon 'undreds'.
It seems that a deduction for miles of use is normal, in some circumstances.
But delivery miles and miles to drive it back to them seems like a mick-take.
A grand is a lot of miles.
35p is a high rate, maybe OK for a new, up market car, maybe not appropriate for anything older?
The consumer rights act is a thing, but ordering used cars from one end of the country to the other is always going to be risky.
But then a retailer in Cumbria is always free to tell me they don't deliver to Devon?
You'd need proper advice on the rights and wrongs of it, but to my mind, the important thing is to get rid if it's a true lemon, if you're a few hundred out of pocket you are well out of it. That's not saying let them take the piss.
Used car prices are high, because retailers should only be selling cars of adequate quality in a road worthy condition.
They should be servicing and checking what they sell, and not selling anything they don't stand behind.
Or maybe about " lemon 'undreds'.
It seems that a deduction for miles of use is normal, in some circumstances.
But delivery miles and miles to drive it back to them seems like a mick-take.
A grand is a lot of miles.
35p is a high rate, maybe OK for a new, up market car, maybe not appropriate for anything older?
The consumer rights act is a thing, but ordering used cars from one end of the country to the other is always going to be risky.
But then a retailer in Cumbria is always free to tell me they don't deliver to Devon?
You'd need proper advice on the rights and wrongs of it, but to my mind, the important thing is to get rid if it's a true lemon, if you're a few hundred out of pocket you are well out of it. That's not saying let them take the piss.
Used car prices are high, because retailers should only be selling cars of adequate quality in a road worthy condition.
They should be servicing and checking what they sell, and not selling anything they don't stand behind.
OutInTheShed said:
And if agreed to other terms, those terms are unlawful?
They can't make you sign away your statutory rights but they can:Not refund delivery IF you paid another co. to do it (even if arranged by them)
Charge for collection - IF it was specified in their terms
Charge for mileage / re stocking - IF the car wasn't rejected / returned in the first 30 days (due to a fault)
Masiv said:
FMOB said:
Because ignoring it is tacit acceptance that making the comment is okay, which isn't.
Agree. If we don't face up to bigotry it will carry on. Apologies to anyone who's offended and I apologise for my crass attempt at a joke as it clearly wasn't
I'll get me coat and crawl out of this thread
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