Rejecting a car

[Tedlooney]

Has anyone out there ever bought a second hand car then taken it back to the dealer to reject it? Mrs Ted bought one of those tiny Toyota IQs and had problems with the engine cutting out from the day after she bought it. Two days later I took it back to the dealer and told him I was rejecting it but he claims that by law he has to have the chance to fix it. I think he's a second hand car dealing cnut and I should get a full refund. I'm going to get some legal advice but just wondered if anyone had had any success doing this.

 

[Tubby]

Yes but I gave them over 3 weeks and four attempts to fix the issues my car had. Moneysevingexpert.com has some sou d advice as does consumer direct or what ever they call themselvea now.

After the fourth attemp I wrote atraight to the MD rejecting the vehicle as is my right under the sales of goods act. They had reasonable chances to repair it but didn't. They tried to replace the car like for like but I got a good deal and they could not replace it without incurring to much cost so they refunded me.

Stick to your guns, learn your rights and obligations under the act. A second hand car can be rejected pretty much any time but after 6 months tou have to prove the fault was presentt in the vehicle when you bought. Prior to 6 months all the responibility is on the dealer. They initially tried to fob me off "we dont do refund on second hand cars" was what the used sales manager said. 2 weeks later I had the cash back and that prick signed the V5 off me.

Good luck.

 

[shettie]

Yup - Volvo XC90 - looked fine when I paid and picked it up - got home - next morning - pool of oil under it... - phoned said - "Fcuk this - want my money back" - the dealer - a right wide boy - says - "no we'll get it fixed" further inspection by a mechanic on a ramp revealed leaks on almost all the pulleys and what looked like the engine/ gearbox seal and there was aoil in the coolant (a known issue and expensive to fix...) - estimated that it would be £2k to fix (minimum...) took the car back (70 miles...) and got my money refunded - I had printed out the consumer credit act details about car sales - this is a good place: http://www.tradingstandards.gov.uk/advice/problemswithvehicles-sum6.cfm

I felt that I wouldnt trust the vehicle after the repairs as I didn't know the history, or why the previous owner got rid, I suspect it was probably having to stick 2 gallons of oil in a week... The dealer wasn't particulzarly happy - but I walked in in the middle of another sale - and he didn't want a scene... I did sweat on getting my dosh back for a couple of days until I could get the car back, in the end - no issues - it looked as if he had it repaired and stuck it back on the market for £2k more a week or so later - I wouldn't have touched it with a bargepole...

 

[Tedlooney]

Thanks gentlemen. I'll take it into Toyota and get and inspection done and gen up on the sale of good act etc.

 

[sulky]

as im an AA member i always use there car inspection service, yeah it costs but its piece of mind( and is available to non members) If they play hard ball you could get the AA to inspect it and tell them whats going on with the garage, the garage owner may sweat if hes a AA recommended garage (cause that means all AA breakdown repairs can get done there)Anyhow just google aa vechicle inpections

 

[Max Reheat]

Had a similar issue with a motorbike. Citizens Advice gave me some good tips including starting a paper trail. IE send a letter explaining exactly what the problem is, what you want and quote the sale of goods act 1974 or something. They said try that 1st and then go back to CAB if I had no luck. My bike was eventually fixed out of warranty at no cost to myself just off the back of a single letter after previous refusals to look at it. If I remember right their is a letter template on their site

 

[Martin Blank]

Is it a Toyota Dealer or a 3rd party?
Toyota are normally good when it comes to warranty.
They give you 3 months warranty on used if its out of the normal period with an option to extend up to 2 years.
They fixed a warranty problem on my 16 year old Rav4 14 years after it mised the recall.... and valeted it and replaced a blown bulb all free of charge
They also told me when I bought my new to me 2007 Rav4 the options if I wasn't happy with it which included return....

 

[Tedlooney]

I think I'll take it Toyota to get it inspected and get a report from them. The dealer is not Toyota and we bought an extended warranty off him because he assured us that as he sold us both the car and the warranty there would be no quibble and work would be done to the highest standard, the lying cnut. I'm planning on writing to the dealer today officially rejecting the car.

Toyota are pretty good. One of the key fobs wasn't working so I called to Toyota to get a new battery. Even though we didn't get the car from them they just changed the battery and when I offered to pay they said there was no charge.

 

[busby1971]

One reason they start to do stuff when you quote the Sales of Goods Act is two fold, it allows you to go to the small claims once you've exhausted all avenues and it's a criminal offence to deny or attempt to deny your liabilities as a seller.

Goods should be fit for purpose as described whether or not their new or used.

Sent from my ASUS Transformer Pad TF700T using Tapatalk 2

 

[unruly1986]

If its from a dealer then you should be able to come to a resolution. With a private sale however, it is definitely caveat emptor or 'buyer beware'.

 

[Tedlooney]

We took the car to Toyota today for an inspection, they said the EGR and Cat needed to be replaced at a cost of £1400. We contacted the dealer to advise him as the car is still under his warranty but he said his mechanics would decide what's wrong with it rather than Toyota. I asked was he serious that his mechanics (who don't even have a diagnostic machine compatible with the car) would know better. He's now trying to wriggle out of doing anything to get the car repaired. I think I'll be seeing a solicitor on Monday.

 

[mick-a-nick]

Sale of Goods Act

Sale of Goods Act

Ted: In the sale of goods act there is a section specific to the purchase / selling of cars and if you return it to the dealer he must be given the chance to put it right to your satisfaction, if not then off to a solicitor and the small claims court you go.

 

[XVR RA RA RA]

Could be worse... The car could have been an Aston Martin Cygnet. Which is a Toyota iQ just with an Aston Martin Badge and costs 3 times as much. It baffles me why those fools in London would want to pay £30,000 for a car they can get for £10,000? More money than sense.

 

[Tedlooney]

Yes, I thought about the Aston Martin version but was worried about inadvertently activating the ejector seat.

There was a case in Worcester where it was ruled that unless it's specified in the terms and conditions of the sale the dealer does not automatically have the right to rectify the fault. Hopefully I can use this and get a refund. To be honest I hoped that this could be settled amicably but the dealer has been confrontational and unhelpful from the moment we reported the fault to him so fcuk him. It looks like it will have to go to the solicitors on Monday (not sure they're much better than car dealers) which is a shame but I think is necessary now.

 

[Barch]

Yes, I thought about the Aston Martin version but was worried about inadvertently activating the ejector seat.

There was a case in Worcester where it was ruled that unless it's specified in the terms and conditions of the sale the dealer does not automatically have the right to rectify the fault. Hopefully I can use this and get a refund. To be honest I hoped that this could be settled amicably but the dealer has been confrontational and unhelpful from the moment we reported the fault to him so fcuk him. It looks like it will have to go to the solicitors on Monday (not sure they're much better than car dealers) which is a shame but I think is necessary now.

Try your local Trading Standards, a phone call from them to the seller will probably get something happening and will be a damn sight cheaper than a solicitor.

 

[Tedlooney]

Try your local Trading Standards, a phone call from them to the seller will probably get something happening and will be a damn sight cheaper than a solicitor.

Thanks Barch, I'll give that a try first.

 

[Tubby]

No you have to give them reasonable chance to rectify it themselves. Remember the order is repair, replace, refund. You can only take it elsewhere with thier (get it written) consent. At a small claims court you have to show you have given them a chance to carry out all the reasonable solutions to your problem. Also, claims under £5K go to the small claims court and you won't get legal cost back. You can claim, at the jugdes discretion, certain exspenses and abuout £8/hour for work you have done plus 8% interest on any amount you are claiming for. A solicitors letter may put the wind up them but you cost I feel will out-weigh the benefit.Citizens advice are good but consumer direct ( or who ever they are called now) are probably your best bet. They helped me and I avoided court.

 

[Tedlooney]

I was reading about a case which was heard in Evesham that challenges the accepted view that dealers should always be given the opportunity to assess and rectify any fault for which they are liable under the Sale of Goods Act. The court rejected the dealer's right to repair and ordered him to pay £2750 for a repair the customer had done by another garage. The dealer sought to appeal on the grounds that it was well accepted practice that he should have a right to examine the vehicle and instruct his own repairers, however, leave to appeal was refused by a court in Worcester which said that the dealer's returns and repair policy should have been defined at time of sale in his terms and conditions. I think the case was heard in 2011.

 

[Tedlooney]

Well, it took a year but we won our case in the County Court. The day before the hearing, after not hearing from dodgy dealer for almost a year, he contacted us and tried to cut a deal that didn't go anywhere near making up for the sh!t he'd put us through so we told him to stick it up his @rse. At the hearing the judge said that the case hinged on whether we had the right to reject the car and in his opinion we did have the right. We got a full refund for the car plus damages and costs which was not only very nice but a relief that it was over and justice was done. So here we go again looking for a car for Mrs Ted, I think we'll go to a main dealer and get a new one this time.

 

[Keyser Söze]

saw a TV prig today "The sheriffs are coming" I only caught the end of it but it did concern a similar matter, customer buys car from dealer, problems with vehicle, dealer fails to honour repair etc, customer proceeds with legal action and wins and gets full refund apparently there is a time period of 6 months (from purchase date) where the must be serviceable else a full refund can be required as settlement