30 day return - What are options? HELP!
30 day return - What are options? HELP!
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Evo Sean

Original Poster:

298 posts

188 months

Hi Pistonheads, I need to know where we stand with this little situation we have going on. I'm not going to mention any specifics so bare with!

Facts:

1. Wife purchased a vehicle second hand from a dealership - Not an OEM dealer. A private dealership based in the south. We're not in the South.
3. Initial very happy with the car, a few minor niggles like the centre console screen is really laggy and glitches sometimes. But nothing to worry about in my mind.
2. The car cost us £25k which we paid in full.
3. It came with the warranty - a third party warranty not an extended OEM warranty.
4. The car broke down on us after 22days leaving us stranded in the midlands.
5. The recovery people scanned the car and the fault list is reported back is massive, many many modules have faults, MIL light is on etc. Car won't drive. Starts but won't drive.

This is my wife's first ever foray into a 2nd hand car. She has always leased. So as you can imagine, she is raging right now. She's at the point where she wants to just return the car and be done with it and go back to a lease.

So, naturally, last night I did a little googling and see the consumer rights laws which say we can return the car within 30 days if it's faulty etc.

The wife called the dealer in question this morning. Said that she doesn't want to fix it, just wants to reject the car and get a refund. We're happy to take a slightly smaller amount given she has done ~1000 miles in the car since ownership.

The dealership flat out refused to do this and even accused her of doing something to the car which of course we haven't. I can see this is going to get ugly real quick. In the interim Ive booked the recovery of the car to the local JLR dealer but it's going to be a 3 week wait just to get a diagnostic on it.

So given we are 22 days into our 30 day period. Do we have a leg to stand on for a return?
What can we do?

ADJimbo

833 posts

208 months

First and foremost - put your rejection in writing to the Dealership you purchased the vehicle from, and stop using the vehicle. You’re starting to get close to the short-term right to reject at thirty days - email to the Dealership is fine.

This will stop the clock at less than thirty days.

Have you any finance on the vehicle?

Mad Maximus

834 posts

25 months

Depends on the fault really. It’s difficult to say as we don’t have the full picture. But your rights are yes you can return the car within 30 days for a refund if the fault was present at purchase. You have an expensive car from a none franchised dealer so it may not be straight forward as you’re already seeing.

Matt_T

1,086 posts

96 months

Hi OP,
Firstly, sorry for what seems to be a difficult situation.
I am going to make an assumption here that you have bought an Evoque or a Velar and that therefore it has probably had endless probems and got dumped into an auction at a cheap price where the current dealer picked it up from. The auction listing may well have said that it had fault codes.It may have had repairs before and was only a matter of time before the next fault code.

My gut feeling is that rejecting the car and taking a financial hit to do so will be a preferable outcome than spending what could be considerable time and money chasing faults.

If it was me, I'd go through the fomal rejection process (Honest John website has good guidance on how to do this) and be happy to make a direct offer to the dealer to take it back (for example say you value the usage you have had at £5000 therefore expect to get £20,000 refunded upon rejection). The dealer may just accept this as he will see the £5000 in his pocket. At the moment, the dealer is going to do nothing...

Can you go and visit the dealer in person and explain your offer - a little personal interaction and a cup of tea may soften him up and get youa deal to return it?

Honest John is here...
https://www.honestjohn.co.uk/advice/car-buying-adv...

Edited by Matt_T on Thursday 12th February 14:51


Edited by Matt_T on Thursday 12th February 16:50

Andy665

4,033 posts

250 months

Matt_T said:
Hi OP,
Firstly, sorry for what seems to be a difficult situation.
I am going to make an assumption here that you have bought an Evoque or a Velar and that therefore it has probably had endless probems and got dumped into an auction at a cheap price where the current dealer picked it up from. The auction listing may well have said that it had fault codes.It may have had repairs before and was only a matter of time before the next fault code.

My gut feeling is that rejecting the car and taking a financial hit to do so will be a preferable outcome than spending what could be considerable time and money chasing faults.

If it was me, I'd go through the fomal rejection process (Honest John website has good guidance on how to do this) and be happy to make a direct offer to the dealer to take it back (for example say you value the usage you have had at £5000 therefore expect to get £20,000 refunded upon rejection). The dealer may just accept this as he will see the £5000 in his pocket. At the moment, the dealer is going to do nothing...

Can you go and visit the dealer in person and explain your offer - a little personal interaction and a cup of tea may soften him up and get youa deal to return it?

Honest John is here...
https://www.honestjohn.co.uk/advice/car-buying-adv...

Edited by Matt_T on Thursday 12th February 14:51


Edited by Matt_T on Thursday 12th February 16:50
Just returned a MINI to a MINI specialist 2 months after purchase after numerous faults and return to base repairs - lost all confidence in it.

We had to pay to get the car back to them as they stated, not unreasonably that it was our choice to purchase at a distance. Without too much bad blood we arrived at a figure of 17.5 per mile to cover the use we had out of it - neither party was completely happy but it was a reasonable compromise and avoided lengthy, frustrating and expensive legal action.

South tdf

1,764 posts

217 months

If it’s JLR and multiple fault codes at may need a battery. From experience of my other half’s Evoque all weird and wonderful things happen when the battery ages including multiple fault codes. For reference her car was under 3 years old and used nearly every day for decent length trips.

Easternlight

3,778 posts

166 months

Sorry OP but you've been on PH for over 15 years and you let her buy a used JLR product.

I really hope you get this resolved but.

sixor8

7,656 posts

290 months

Doesn't the dealer have one chance to fix it? Or is that after 30 days up to 6 months?

paul_c123

1,730 posts

15 months

There's 2 options:

1) Set fire to the dealership
2) Park the car outside (try to block the entrance or inconvenience them as best you can), with a big decal along both sides clearly explaining the lack of customer care. If you can't get decals done, cheap aerosol spray in a contrasting colour might do it.

Complaining a lot on Facebook also seems to be the "done thing" these days too.

spikeyhead

19,571 posts

219 months

South tdf said:
If it s JLR and multiple fault codes at may need a battery. From experience of my other half s Evoque all weird and wonderful things happen when the battery ages including multiple fault codes. For reference her car was under 3 years old and used nearly every day for decent length trips.
Lots of cars throw fault codes with a low battery. I'd put a new one on before trying anything else. If that doesn't work then reject it

Matt_T

1,086 posts

96 months

Andy665 said:
Just returned a MINI to a MINI specialist ... we arrived at a figure of 17.5 per mile to cover the use we had out of it...
17.5p per mile seems like a bargain, so for the 1000 miles that the OP has driven he should offer £175 ? Gemini tells me that the average depreciation of a new car is 65p per mile for the first 5 years. This would give you £650 for the 1000 miles driven.

Sheepshanks

38,998 posts

141 months

Matt_T said:
17.5p per mile seems like a bargain, so for the 1000 miles that the OP has driven he should offer £175 ? Gemini tells me that the average depreciation of a new car is 65p per mile for the first 5 years. This would give you £650 for the 1000 miles driven.
What about the stress and expense for the buyer of dealing with a faulty car, and then having to find a replacement?

ADJimbo

833 posts

208 months

sixor8 said:
Doesn't the dealer have one chance to fix it? Or is that after 30 days up to 6 months?
You’re correct - any serious issues within the first thirty days falls under CRA short-term right to reject. Thirty-one days onwards is one chance to repair.