rejecting car help

[Milan555]

I bought a used car 10 days ago 14/1/2017 from a trade dealership that was advertised on Auto trader,

the description claimed the car was in excellent condition.

 

 

I was also told the car has been fully inspected by the AA (which having contacted the AA have realised this was a lie and they are investigating).

 

I carried out a full advance inspection on the car with the RAC (20/1/2017) days after purchase,

which came back saying essential repairs required urgently for the car to be considered road worthy and the inspector recommended I return the car.

 

I took the car back to the dealer on 20/1/2017 exercising the short term right to rejection,

the dealer refused and asked for the RAC report and then to inspect the car then decide if he wants to give a refund.

 

 

I have sent the report and letter before action recorded signed delivery and got the signature in pdf form from royal mail today.

But have had no response from the dealership today.

 

The dealership is registered with companies house.

 

Is there anything else I can do in this situation or anyone else to report to to get my money back?

 

*also the sales agreement says i bought 3 month warranty with the car but i haven't received any documents on this, when i asked the dealer about 3 days after purchasing the car he said its still being processed.

 

*I paid by card, visa, so i will look at chargeback scheme too.

Edited January 23, 2017 by Milan555
extra details

[Milan555]

debit card*

[BankFodder]

The dealer has no right to refuse. Have you put your rejection in writing? I think you should do this immediately and deliver it by hand but also send a copy by first class recorded delivery – keeping copies for yourself.

 

The most important thing here is to get rid of the car. You need to take the car back to the dealer and leave it there. When you leave it there, take the witness as to the condition of the car and take photographs once you have left it on the forecourt.

 

Then go about the business of making sure that it is no longer registered in your name and that the dealer is identified as the owner.

 

Of course this is going to cause you problems because for a while you will be without a car and without your money – but am afraid that this is the kind of thing you will have to put up with until you can get it resolved.

 

How much money are we talking about here? Who is the dealer?

[Milan555]

thanks for the reply

 

the car was bought for 5.5k, its my first ever car so this is a very stressful time, saved a long time for a car.

 

yes i put in the letter before action that i want a full refund because the car sale breaches the consumer rights act 2015 etc and stated the details wrong with it, using details from the RAC report.

 

If i left it on the forecourt i think he would try pretend i never even bought it, or get the car fixed. the car is still with me, i am not driving it though. Also he called the police saying we have to get of his premises so I had to leave with my friends. We video recorded a lot of the conversation by video.

 

I got a PDF from royal mail showing he has received the letter yesterday morning containing my rejection and the RAC report.

 

Should i report him to action fraud? or is that not going to help anything.

[Milan555]

The inspector mentioned not to use the cigarette lighter because it is dangerous, does this make it more of a criminal offense?

[king12345]

No point contacting action fraud or the police.

For once this is a civil matter and should be treated as such.

Bankfodders advice is sound and you should follow it.

The dealer can't deny that you bought the car because you have the log book strip (I suppose), debit card statement, receipt and video evidence.

Careful not to jump the guns too early by getting a ccj because ltd companies like this are well known to dissolve and open under a different name next day.

Try to resolve directly with the dealer.

Showing up at busy time when other customers are there might make him think twice before making a scene and calling the police for trespass.

Keep the conversation calm and he'll have no leg to stand.

[Milan555]

thanks for the reply

 

yes i have the log book strip, invoice etc

 

i can't drive the car there though because its dangerous/ not road worthy.

 

So far he hasn't responded since he got sent the report yesterday morning and gave him 14 days to respond in the legal letter before action. I was told by Citizens advice not to contact him now until he does first. Is that good or bad advice?

 

i feel like i am in a waiting game now

[king12345]

Correct, don't contact him for now and see what and if he replies.

Imo a chargeback would be your best bet in this case after you return the car.

[Milan555]

I see, you guys have been very helpful here i appreciate it

 

citizens advice told me to not return the car yet until he comes collects it, they said don't drive it at all. Get your money back then tell him to come get it himself.

 

in what ways does can the chargeback be affected if the car is returned before the visa dispute is created or after? or does it have no impact from your guys experiences?

[king12345]

I see, you guys have been very helpful here i appreciate it

 

citizens advice told me to not return the car yet until he comes collects it, they said don't drive it at all. Get your money back then tell him to come get it himself.

 

in what ways does can the chargeback be affected if the car is returned before the visa dispute is created or after? or does it have no impact from your guys experiences?

 

No difference.

You can start the chargeback process whenever you want, however if you waited the 14 days it will show that you acted reasonably and the bank will have less chance to mess you about.

[Milan555]

No difference.

You can start the chargeback process whenever you want, however if you waited the 14 days it will show that you acted reasonably and the bank will have less chance to mess you about.

 

I see

 

but i think by the time the dispute is open (they said it takes 1-10 working days) and add in the 2 extra days the 14 days should pass by then,

 

Will leaving the dealership a negative review on google and reporting to auto trader have any negative impact on my case/legally?

[dx100uk]

if the car is faulty you have under CRA 30 days to reject and get a refund

 

 

dx

[king12345]

I see

 

but i think by the time the dispute is open (they said it takes 1-10 working days) and add in the 2 extra days the 14 days should pass by then,

 

Will leaving the dealership a negative review on google and reporting to auto trader have any negative impact on my case/legally?

 

Don't do anything yet.

 

See what the dealer says if he replies, then you can think about the next step.

 

As I said,

I would be more inclined to solve this amicably rather than going to court.

 

By the time you get a ccj he can close the company and open under a different name and you won't get a penny.

Dodgy car dealers do this everyday.

 

I would go for chargeback if he doesn't reply positively.

[Milan555]

big update

 

I had phoned the AA to investigate since I knew he lied about the report.

 

The AA said he admitted to them he didn't have the full report just some auction one (BAC?) I think.

 

essentially he admitted to them he broke the consumer rights act (car not as described) and they made him agree to give a refund.

 

No the problem has got a worse turn:

 

He is saying he wants to drive the car to his garage first then refund me or make me drive it.

but the AA report said essential repairs required to ensure the vehicle is road worthy.

So it would be against the law right for either for us to drive it?

 

He said he will only refund if he drives it or I do. Then he started talking rubbish saying he can only refund tomorrow.

 

What can i do now?

 

 

The AA is closed until tomorrow but is there anything i should do?

Im thinking of asking them for a PDF stating he agreed to refund so i can give to my bank for visa dispute?

 

What would be the easiest way to solve this please guys if you have advice let me know?

[Milan555]

Do i have to give the V5c2 green slip back to him as well when refunding car?