Rejecting a car after two days ownership…
Discussion
galaxygirl23 said:
I bought a car Friday 2 days ago, 69 plate. It broke down yesterday on the motorway, engine light came on and didn't start. Aa man took a look, said it was a clutch sensor/pedal which needs replacing. The car was towed to the original "car supermarket" type place where I purchased it on Friday.
So after a bit of umming and ahhing I have decided to reject the car, as I need a car that is reliable and breaking down on me after two days ownership is just not ideal. Having looked online I can also see people havng nightmares with this issue, ongoing problems and that is not a road I want to go down!
I have emailed the place this morning to advise I would like to reject the car and request a full refund. They have advised they will inspect the car, decide if its of unsatisfactory quality/unfit for purpose, and the case would be looked at by a senior Manager.
I have not done this before. Can anyone advise re what happens next if they do refuse the refund?
Cars are complicated devices. It's 4 years old. It's unlucky for it to breakdown so soon into your ownership, but failures are often not predictable. So after a bit of umming and ahhing I have decided to reject the car, as I need a car that is reliable and breaking down on me after two days ownership is just not ideal. Having looked online I can also see people havng nightmares with this issue, ongoing problems and that is not a road I want to go down!
I have emailed the place this morning to advise I would like to reject the car and request a full refund. They have advised they will inspect the car, decide if its of unsatisfactory quality/unfit for purpose, and the case would be looked at by a senior Manager.
I have not done this before. Can anyone advise re what happens next if they do refuse the refund?
The important thing is that the car is repaired (which I assume it will be)
Did you buy the car in person or over the phone/online?
Being as it was such a recent purchase and you bought from a (presumably) car supermarket chain I doubt you'll have an issue getting a refund.
It depends on their terms of business - presuming it wasn't a distance sale and you actually visited the dealers premises?
If they have a policy of money back/exchange etc within a certain amount of time after the purchase (like on-line ones do - think Cinch and Cazoo etc) then its a simple matter of telling them you have changed your mind and ask them to collect the car.
On the other hand if they don't offer such a refund policy then you are in more tricky territory and may have to give them the opportunity to fix the fault within a reasonable amount of time. Talk to your local CAB for more specific advice on applicable consumer law.
If they have a policy of money back/exchange etc within a certain amount of time after the purchase (like on-line ones do - think Cinch and Cazoo etc) then its a simple matter of telling them you have changed your mind and ask them to collect the car.
On the other hand if they don't offer such a refund policy then you are in more tricky territory and may have to give them the opportunity to fix the fault within a reasonable amount of time. Talk to your local CAB for more specific advice on applicable consumer law.
galaxygirl23 said:
Thanks, so if they refuse the refund I just bat back again - "the car is already with you, and I am rejecting it" type thing?
You will need to formally reject the car. That will mean writing to them stating what you are doing and the reasons why,You will then need to leave the car with them (which it already is)
One of three things will then happen:
1. They will refund you.
2. They will try and convince you that the car is now fine and you should take it back. You will then either stand firm and they'll refund you or you'll take the car back and they won't.
3. They will refuse to refund you. You will then need to file a small claims court case with them. Suggest employing a lawyer at this point, or someone who can guide you through the process.
If you get to point 3, speak to Citizen's Advice Bureau.
MrBen986 said:
galaxygirl23 said:
did a small test drive (which was literally up a straight road, round a roundabout and back again) as that's "all they were insured for".
Ah yes, one of those well known 'only up and down the road' insurance policies... Sorry to hear OP.
I recently rejected a Volvo after a few issues.
Luckily I paid a chunk on my credit card, and took finance for the incentives. I got in touch with my CC provider and the finance company as it's their asset and explained the issues and that I will be rejecting the vehicle.
They basically said that I couldn't reject it, so I rang Citizens Advice and followed their suggestions.
I recently rejected a Volvo after a few issues.
Luckily I paid a chunk on my credit card, and took finance for the incentives. I got in touch with my CC provider and the finance company as it's their asset and explained the issues and that I will be rejecting the vehicle.
They basically said that I couldn't reject it, so I rang Citizens Advice and followed their suggestions.
galaxygirl23 said:
Update: i spoke to Citizens advice this morning............................
..............oh and apparently the onus is on me to prove the fault was there on purchase.
the fault was evident less than 48 hours later...
Think that's incorrect. The Consumer Rights Act 2015 states that a fault within the first six months of purchase is presumed to be there at the time of purchase. The seller will need to prove that this fault was not there at point of sale...............oh and apparently the onus is on me to prove the fault was there on purchase.
the fault was evident less than 48 hours later...
Under the CRA, you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund.
Hants PHer said:
galaxygirl23 said:
Update: i spoke to Citizens advice this morning............................
..............oh and apparently the onus is on me to prove the fault was there on purchase.
the fault was evident less than 48 hours later...
Think that's incorrect. The Consumer Rights Act 2015 states that a fault within the first six months of purchase is presumed to be there at the time of purchase. The seller will need to prove that this fault was not there at point of sale...............oh and apparently the onus is on me to prove the fault was there on purchase.
the fault was evident less than 48 hours later...
Under the CRA, you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund.
The Car Supermarket place cannot refuse you a refund for returning the car within this time frame. They can try claim you broke the clutch and if they do you can take them to small claims court which would put them in a tough predicament to prove you burnt the clutch out.
If they are a decent company then explain that you want a full refund and you will look at their stock to see if there is something else you want to buy. At least that way they see you are willing to still give them money, even if you are 100% not going to buy anything from them.
If they are a decent company then explain that you want a full refund and you will look at their stock to see if there is something else you want to buy. At least that way they see you are willing to still give them money, even if you are 100% not going to buy anything from them.
galaxygirl23 said:
Oh my gosh, I've had a response to my email, the next available appointment is not until the end of November, so it is a case of fitting it in as and when they can.
So either I have to wait until end of November, or just hope they can fit it in sooner. And meanwhile I am without the car or money (£12,000).
I am going to make my calls at lunchtime.
Sorry to hear that, thats a proper rubbish situation the dealer has left you in.So either I have to wait until end of November, or just hope they can fit it in sooner. And meanwhile I am without the car or money (£12,000).
I am going to make my calls at lunchtime.
Push for your refund.
Get correspondece in email as well as your calls.
Did the AA give you any paperwork?
AA recovering you is good amunition as proof of a fault with your car.
The Rotrex Kid said:
Hants PHer said:
galaxygirl23 said:
Update: i spoke to Citizens advice this morning............................
..............oh and apparently the onus is on me to prove the fault was there on purchase.
the fault was evident less than 48 hours later...
Think that's incorrect. The Consumer Rights Act 2015 states that a fault within the first six months of purchase is presumed to be there at the time of purchase. The seller will need to prove that this fault was not there at point of sale...............oh and apparently the onus is on me to prove the fault was there on purchase.
the fault was evident less than 48 hours later...
Under the CRA, you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund.
Many of the replies ITT are plain wrong legally and are not helpful.
Gassing Station | Car Buying | Top of Page | What's New | My Stuff