Legal experts - returning a car just purchased...
22 December 2009, 05:11 PM
#1
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Legal experts - returning a car just purchased...
Anyone know the legal standing for getting a refund for work such a service you have had done to a car bought from a dealer which you then have to return due to something severely wrong with the vehicle.
I am supposed to be getting a full refund for the car but he doesn't want to give me the money for the full service I had done on the car straight after buying it. Is he, as a dealer, legally obliged to also refund the service cost i've paid out for?
TIA
I am supposed to be getting a full refund for the car but he doesn't want to give me the money for the full service I had done on the car straight after buying it. Is he, as a dealer, legally obliged to also refund the service cost i've paid out for?
TIA
22 December 2009, 06:48 PM
#3
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Only had the car since Thursday, was serviced Saturday by my local garage where the issue was potentially discovered and confirmed today with evidence from main dealer and seller will take the car back (so far) as it is a major fault. However I would also like to get my money back on the service I paid out for if I can legally.
22 December 2009, 07:02 PM
#4
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Good question to which I have no idea of the answer.
The fact that the dealer is prepared to give you a full refund without much argy bargy I would probably just take the cash and be thankful the issue was found in good time.
The fact that the dealer is prepared to give you a full refund without much argy bargy I would probably just take the cash and be thankful the issue was found in good time.
22 December 2009, 07:22 PM
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sorry to hear that bob, but as ES has said.... take the dough and move on... could have been worse...
was it something the dealer might have known about, might be a chance you would get another vehicle from them??? then use that to your advantage
good luck and happy chrimbo btw !!!
was it something the dealer might have known about, might be a chance you would get another vehicle from them??? then use that to your advantage
good luck and happy chrimbo btw !!!
22 December 2009, 07:29 PM
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Ask to speak to the Dealer Principal at the dealership, explain the situation, bought the car, had it serviced at it turns out the car is not fit for purpose. The service you paid for in good faith was a waste of your money and whilst you understand the dealership was not aware the car had serious problems you still spent out in it. Also you could ask why the serious problem(s) where not picked up during the service or their PDI, prior to you collecting the car.
Keep the conversation friendly/positive but stick to your guns
It may be you get back the cost of materials or a 'free' service on your next vehicle.
Good luck!
Keep the conversation friendly/positive but stick to your guns
It may be you get back the cost of materials or a 'free' service on your next vehicle.
Good luck!
Last edited by The Zohan; 22 December 2009 at 07:30 PM.
22 December 2009, 07:37 PM
#7
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Sorry to hear it was a lemon, I had a horrible feeling that from certain things you said about the car that it may have had a hard life.
What was the issue with it? I wonder if the dealer knew it was a pup and hoped you'd drive off without noticing?
As said above, I'd take the money and run, but I'd still be pissed about the service money and would certainly follow it up with a well scripted letter of complaint and make sure it gets to head office registered post.
What was the issue with it? I wonder if the dealer knew it was a pup and hoped you'd drive off without noticing?
As said above, I'd take the money and run, but I'd still be pissed about the service money and would certainly follow it up with a well scripted letter of complaint and make sure it gets to head office registered post.
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22 December 2009, 09:16 PM
#8
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Thanks for all the replies. To explain a little clearer it was bought from a second hand car dealer. The dealership's part in all this was officially confirming mine and my local garages suspicions and backing up my accusations about the car.
Lets just say it involved tracking engine numbers and tracking what engine should be in what car!
I agree with the above that I should take the money and run but still bloody annoyed about a full service being done on it but as a second hand car dealer I have no one to complain to apart through using a solicitor which will cost more than the service etc.
Cheers Dazza, happy crimbo to you as well mate.
Lets just say it involved tracking engine numbers and tracking what engine should be in what car!
I agree with the above that I should take the money and run but still bloody annoyed about a full service being done on it but as a second hand car dealer I have no one to complain to apart through using a solicitor which will cost more than the service etc.
Cheers Dazza, happy crimbo to you as well mate.
22 December 2009, 09:23 PM
#9
I think it depends on where you bought the car; Is it a main dealer or a back street sales pitch (in which case the dealer principal/head office is semi-shifty spiv and the head office is a portakabin )
Main dealer; should have been serviced and properly "inspected" before delivery to yourself. If it was second hand they usually claim to have done a gazilliion point inspection to make sure its fit for purpose.
Independant/car lot. Erm. Unless they serviced it for you, I doubt it. I guess you could try claiming it as loss you've suffered due to them selling you a car not fit for purpose, but on the flip side they could argue its a running cost regardless of the faults with the car (like fuel, tax insurance etc).
I hope you've sent the tax disc back and syphoned out the fuel from the tank
)Main dealer; should have been serviced and properly "inspected" before delivery to yourself. If it was second hand they usually claim to have done a gazilliion point inspection to make sure its fit for purpose.
Independant/car lot. Erm. Unless they serviced it for you, I doubt it. I guess you could try claiming it as loss you've suffered due to them selling you a car not fit for purpose, but on the flip side they could argue its a running cost regardless of the faults with the car (like fuel, tax insurance etc).
I hope you've sent the tax disc back and syphoned out the fuel from the tank
Last edited by ALi-B; 22 December 2009 at 09:24 PM.
23 December 2009, 10:41 AM
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I had a similar situation a few years ago.
I purchased the car and despite having been told that the vehicle had received a full PDI it had to be returned to have the faults (that they said they had rectified) on several occasions.
After the 4th return only for it to be given back with the same faults in place, I rejected the car but the dealer would not give me a ful refund.
To cut a long story short, I issued proceedings against the dealer in the county court for the difference together with my out of pocket expenses which included a service.
Very straight forward, I got the balance of the money owed, plus the service costs plus my court fees plus all my other out of pocket expenses including postage, telephone calls and cost of travelling to the dealership on numerous occasions.
The point of thiss ramble is that if the dealership fails to reimburse you for the cost of the service, you do have the option of issuing county court proceedings and the courts are normally very sympathetic to the individual rather than the dealers, and it often costs the dealer more as they will also get costs awarded against them, as well as the bad publicity.
I purchased the car and despite having been told that the vehicle had received a full PDI it had to be returned to have the faults (that they said they had rectified) on several occasions.
After the 4th return only for it to be given back with the same faults in place, I rejected the car but the dealer would not give me a ful refund.
To cut a long story short, I issued proceedings against the dealer in the county court for the difference together with my out of pocket expenses which included a service.
Very straight forward, I got the balance of the money owed, plus the service costs plus my court fees plus all my other out of pocket expenses including postage, telephone calls and cost of travelling to the dealership on numerous occasions.
The point of thiss ramble is that if the dealership fails to reimburse you for the cost of the service, you do have the option of issuing county court proceedings and the courts are normally very sympathetic to the individual rather than the dealers, and it often costs the dealer more as they will also get costs awarded against them, as well as the bad publicity.
23 December 2009, 11:59 AM
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I think that morally he should refund the cost of the service as well as that of the car. You are not getting any benefit out of the service except the discovery of the problem. If he sorts the problem he will have the benefit of a service on the car as well.
I have no idea where you stand legally but if you were prepared to take it to court I think you should stand a good chance.
You may well think that you might as well stick with the refund offered though.
Les
I have no idea where you stand legally but if you were prepared to take it to court I think you should stand a good chance.
You may well think that you might as well stick with the refund offered though.
Les
23 December 2009, 06:27 PM
#13
i would take the refund while he is still offering it, and then pursue the money for the service although the likely hood of getting the money for that back are very unlikely.
23 December 2009, 06:47 PM
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Cheers for the comments again. As mentioned above I will take the refund first, confirm the money is in my account and then tell him about the service money and when he says get stuffed I wont get aggressive or annoyed, i'll just fair enough i'm off to see my solicitor to sort out and also will be give VOSA a call with the engine number that's in the car so they can check to see if it's nicked. If it is they will be all over him like a rash.
23 December 2009, 06:51 PM
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when he says get stuffed I wont get aggressive or annoyed
- You sound like a changed man Bob !! hehehhheheh good luck with it all
23 December 2009, 10:46 PM
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Send a ‘letter before action’ letter explaining that you will take legal action for breach of contract if he/garage will not act to resolve the matter.
If you do not do this before you actually take legally action, he will have good grounds to get your summons thrown out due to you not 'acting reasonably'
If you need help with your POC let me know.
If you do not do this before you actually take legally action, he will have good grounds to get your summons thrown out due to you not 'acting reasonably'
If you need help with your POC let me know.
24 December 2009, 05:36 PM
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Well got my money back tonight so nightmare having to wait until today for it but he said regarding the service i'd need to contact his solicitor. I'll contact CAB when it reopens and see what they say before taking it any further but I may just have to look at that I paid a couple of hundred quid to hire the car for the week and it did get me through all the snow when I needed to.
Anyway now I have my money back what happened was that I bought a Nissan Pathfinder that turned out to have had a Nissan Cabstar engine transplanted into it. Nissan UK confirmed that whilst the engines are the same all the various bits that bolt on such as ecu and egr etc will all be setup to run like a Cabstar and the car will never run straight. So had a week of total stress in trying to get my money back. At least I can sleep easy tonight!
Oh and the bloke claimed tonight that he buys cars from the police and this was one of them and its going back. IF that is true shows how foofing dodgy the old bill are with their cars.
Anyway now I have my money back what happened was that I bought a Nissan Pathfinder that turned out to have had a Nissan Cabstar engine transplanted into it. Nissan UK confirmed that whilst the engines are the same all the various bits that bolt on such as ecu and egr etc will all be setup to run like a Cabstar and the car will never run straight. So had a week of total stress in trying to get my money back. At least I can sleep easy tonight!
Oh and the bloke claimed tonight that he buys cars from the police and this was one of them and its going back. IF that is true shows how foofing dodgy the old bill are with their cars.
24 December 2009, 07:52 PM
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Glad you got the right outcome on the main cost , the service cost well it's small fry considering the bigger picture.
How did you find out the engine was a dfiferent one?
How did you find out the engine was a dfiferent one?
24 December 2009, 10:10 PM
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Then I decided to call Nissan and get the engine number of what the vehicle was produced with at the factory and then gave them the engine number on the current engine. They didn't match and they confirmed the current engine was factory fitted to a Nissan Cabstar in 2006 and is not interchangeable with a Pathfinder. Then had to get that in writing from Nissan and faxed it to the seller to ask for my money back.
25 December 2009, 10:45 AM
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Bravo, Bravo well done lucky it went for a service otherwise you could have been driving it around for upto 12 months not knowing and probably then with no recourse.
Maybe he knew or maybe he didn't but eitherway something should have been recorded somewhere, maybe thats a flaw in the whole system.
well done lucky it went for a service otherwise you could have been driving it around for upto 12 months not knowing and probably then with no recourse.Maybe he knew or maybe he didn't but eitherway something should have been recorded somewhere, maybe thats a flaw in the whole system.
25 December 2009, 07:49 PM
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i bought a 2000 punto for my daughter paid for car and when they tried tu deliver it they cudnt get any gears full refund bk st garage
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