Consumer Advice

FortuitousFluke

FortuitousFluke

FortuitousFluke

Soldato
Joined
7 Jul 2011
Posts
4,418
Location
Cambridgeshire
I've noticed there are a lot of threads dealing with politics on the forum at the moment so I thought I'd throw one up regarding a consumer issue, because we never have any of those.

I can only apologise and reassure you that, at the very least, this isn't an ebay thread.

So I purchased a car back in February, drove it okay for a month and then got a franchise garage to take a look as some weird stuff was going on. The garage came back with a laundry list of issues including a broken exhaust and significant brake binding.

Long story short I wasn't happy with the retailers response to the issues and sought a chargeback from my card issuer. The retailer didn't respond to the request and I was awarded the case a few weeks back. In the meantime the brakes on the car have failed (due to the brake binding issue, and the MOT has lapsed making it undriveable)

Forward on to this week. I've got a letter from a legal firm working on behalf of the retailer who is stating the claim was spurious and demanding either full payment back, or return of the car and half payment.

It's worth noting that I tried to return the car whilst the complaint was ongoing and was knocked back by the retailer (they threatened to push it onto the road and report it to the Police as dumped).

Does anyone know where I stand with this? CAB have advised that I have completed my statutory requirement to return the car so any further attempt should be at their cost.

Just after some advice really, the card company have said that the retailer are within their rights to chase me but that I also have a right not to receive faulty goods.

Any advice GD?

tl:dr - did a chargeback on a car now the retailer are demanding their money back.
 
Understand you are looking for some added advice from the collective OcUK minds but I would suggest seeking proper legal advice is your best way forward with this.
 
I'd get clarification from a lawyer on what your credit card company are telling you and let them biff it out at their own cost.

e: wait, you got a refund and still have the car?
 
Sounds like the 'retailer' was some sketchy wheeler dealer.

I you need to somehow return the car and seek legal advice because as it stands, you have taken goods and refused to pay for them. Faulty or not, you currently have their car.

What was your retailers response to the issues?

Also, what car and how much?

Where did you get it from?
 
Did you purchase it using a credit car or paid any amount, was it from a dealer you purchased the car from, how long did you have the car for before you found out about the issues.

The first 30 days You're entitled to a 30 day right to reject under the Consumer Rights Act if the car is unfit for purpose, of unsatisfactory quality or not as described. You can ask for a repair or replacement but you aren't obliged to accept one and can insist on a full refund which the dealer will be legally obliged to give.
After 30 days If you're outside the 30 days than you are obliged to accept an offer of repair or replacement.

If you bought the car on hire purchase or your credit card you have the right to bring the dispute to your finance company or credit card company.

If you bought the car on hire purchase, you have the common law right to reject a faulty car throughout the duration of the agreement so long as you stop using the car once you’ve discovered the fault. Write to the hire purchase company and tell them you are rejecting the car as it is unsatisfactory.
If you paid for the second hand car on your credit card (or with another type of credit, such as a loan) your credit provider is jointly liable for any breach of contract (as long as the car did not cost more than £30,000).

If the car dealer won’t help, contact the credit company to say that you're either rejecting the second hand car or that you want to claim for repairs.

If the card company or credit provider won’t help, you can take your case to the Financial Ombudsman Service.
 
Thanks for the responses.

Just to clarify, as it stands I do still have the car. During the dispute process with the retailer I attempted to return the car and they refused to accept it. I have no issue with returning the vehicle, however legally speaking they are now liable for the cost of that return (either through collecting/arranging collection themselves, or by reimbursing my costs).

I'm not still driving the vehicle, it's no longer road worthy (as a result of the faults included in the dispute) and is currently sat on my drive taking up space.

The retailers response was to offer a partial repair which didn't cover the most concerning of the faults, following my refusal they stonewalled me, at no point did the respond to the correspondence from the card agency once I'd applied for the clawback.

Just to clarify I recognise they need to receive the goods back, just wanted to see what the opinion of the group was about how I tackle the negotiation around that process. Effectively I'd want them to foot the bill due to their prior refusal to accept the return, and I'm not happy with the amount they're claiming as fair usage.

Looks like legal advice may be the way to go. I've not gone down this route before, do I just approach a solicitor with experience in this field?
 
When you bought the car did it come with any sort of warranty albeit maybe 3-6months as sometimes offered for Used Car sales.

What ever you do I would suggest seeking 'professional' legal advice / assistance.

I think priority would be to return the car, drop it off in the show room and have a friend film you handing the keys back..

Get proof of everything you do, if the car is V.O.R get it towed to the dealers, perfect audit trail.
 
Qjumper said:
When you bought the car did it come with any sort of warranty albeit maybe 3-6months as sometimes offered for Used Car sales.

What ever you do I would suggest seeking 'professional' legal advice / assistance.

I think priority would be to return the car, drop it off in the show room and have a friend film you handing the keys back..

Get proof of everything you do, if the car is V.O.R get it towed to the dealers, perfect audit trail.
Click to expand...

Good advice as far as proof goes and seeking legal advice. The warranty is not worth anything if it is from one of these sketchy places which buy write offs from the auction, do em up a lil in house, give them a clean and ad a few Gs to the price before selling it to the next unsuspecting mug with a third party warranty that is only worth the paper it is written on.

The warranty does not cover wear and tear, which can include practically anything after a half decent amount of usage. Considering it is likely second hand, it will likely have faced some usage (or it would not be falling apart).
 
Drive it back. Who cares if its not road worthy? tell anyone who stops you that its on its way to MOT then drive to dealer and leave it. Its as simple as that.
 
You live you learn, they offered a free warranty but surprise surprise it was 30 days which is the same as my statutory right to refuse anyway.

Sounds like it's going to be an uphill slog. Suffice it to say I've already learned my lesson and the car we bought as a replacement is much better, the whole experience was a vast improvement.

I'll see about getting some legal advice, but given the sums involved I may just formulate a response to the letter and attempt to negotiate with the dealer's representative around the fair usage and cost of return. As it stands I have the money and have made reasonable attempts to return the car (I'm also happy for the car to go back to them), in terms of legal action it will be their responsibility to chase me, I'm hopeful that acting in a reasonable way should lead to a resolution that doesn't cost me too much.

Thanks for the responses so far, some really good advice, I'm even giving great consideration to curling a steaming present through their letterbox as decorum demands.
 
Document everything you can, mobile/landline phone calls if you can itemise etc
It all goes to prove your attempts to resolve

If you can give good evidence that you tried to make reasonable contact and they rebuffed your approaches then you had no choice but to seek remedy. Ideally you would have advised them about this in a written form so that its another thing in your support.

I suggest you immediately advise them they owe you rental for your drive at £10 per day and request they collect their car from your premises within 14 days. Advise that should they fail to collect you reserve the right to have it taken away for scrap, and after your costs have been paid you will send them any remaining proceeds.
 
The Mad Rapper said:
Because no-one here is a lawyer or could possibly provide the OP with the most appropriate advice...
Click to expand...

Urm, that's not exactly what I said was it? I wasn't saying don't ask here because there is bound to be some good solid advice.

However if you were in his position surely you would be seeking some sort of legal representation?
 
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