Problem with new (used) car

[dorianbuilders]

Morning men

I bought a 63 hilux last week from a dealer about 50 miles from myself.

First proper journey yesterday and the engine warning and esp lights came on then the cruise control intermittently stopped working I also thought I felt a bit of a misfire.

I was a little bit miffed with the garage already as they sent me out a replacement gear knob that was the wrong colour and when I asked why they couldn't get one from Toyota, the reply was we can't spend £150 on a 5 year old car, I paid £14.5k for it!

I spoke with the salesman yesterday and he wants me to run it back and leave it, with the offer of a courtesy car but they can't look at it till Tuesday.

My gut feeling this morning is am I entitled to my money back as this feels like it's becoming an inconvenience and I'm rapidly losing faith and interest in the vehicle as what's going to go wrong next?!

Is that unreasonable and what would my rights be?

 

Thanks

 

Adrian

[TIGHTCHOKE]

Take it back and request all your money back plus the cost of fuel you've used.

[dorianbuilders]

12 minutes ago, TIGHTCHOKE said:

Take it back and request all your money back plus the cost of fuel you've used.

Would that be reasonable mate?

I don't really want the fuel money back, I'd be happy to just walk away with my money for the vehicle back and buy another.

Im just concerned what's next and I've only got a 3 month warranty unless I extend!

[Duckandswing]

Totally reasonable. You have the right to reject the vehicle. I would given the issues encountered straight away.

[TIGHTCHOKE]

17 minutes ago, dorianbuilders said:

Would that be reasonable mate?

I don't really want the fuel money back, I'd be happy to just walk away with my money for the vehicle back and buy another.

Im just concerned what's next and I've only got a 3 month warranty unless I extend!

Entirely, you spent £14500, you don't appear to have had that much from the deal.

[dorianbuilders]

Thank you for the replies.

 

Ive a good friend who's a DP at Bristol Street, I'm going to take some advice off him before a call to the garage with a view to a refund.

[dorianbuilders]

Spoke with garage who refused a refund initially as they said they had to have the opportunity to put it right, offered me a fiat 500 for the week as a courtesy car!

I explained this wouldn't work for me for work or leisure and said that if that's all they could offer them I would have to have my money back to which they then agreed.

 

Thanks for the support this morning.🙂

[TIGHTCHOKE]

Spend the refund wisely!

[dorianbuilders]

13 minutes ago, TIGHTCHOKE said:

Spend the refund wisely!

What would you suggest?😂

[TIGHTCHOKE]

Perhaps going to a more reputable outlet, what about your mate at Bristol Street, can he suggest something.

[Yellow Bear]

1 hour ago, TIGHTCHOKE said:

Perhaps going to a more reputable outlet, what about your mate at Bristol Street, can he suggest something.

definite Oxymoron there

[TIGHTCHOKE]

I take your point, I have never dealt with them.

[Mice!]

5 hours ago, dorianbuilders said:

Spoke with garage who refused a refund initially as they said they had to have the opportunity to put it right, offered me a fiat 500 for the week as a courtesy car!

fiat 500, were they laughing when they said it, glad you got your money back.

[bruno22rf]

At the risk of repeating myself ALWAYS put down, at least, the deposit using a Credit card - you have so much more protection.

[Mice!]

4 hours ago, bruno22rf said:

At the risk of repeating myself ALWAYS put down, at least, the deposit using a Credit card - you have so much more protection.

According to Mrs mice, it has to be at least £100 section 99 or 95, she was preaching this at me today for this very reason.

[ditchman]

22 hours ago, dorianbuilders said:

Spoke with garage who refused a refund initially as they said they had to have the opportunity to put it right, offered me a fiat 500 for the week as a courtesy car!

I explained this wouldn't work for me for work or leisure and said that if that's all they could offer them I would have to have my money back to which they then agreed.

 

Thanks for the support this morning.🙂

getting your money back on a 2nd hand car is not an easy thing to do..................you seem to have got your refund without too much hassle.............

i know you think im stupid ...but i would be sorely tempted to stay with that dealer and say..."look this is what i want...i will give you 2 weeks to find it and we will start again and do a deal..."........................

what do you rekon ?

[TIGHTCHOKE]

48 minutes ago, ditchman said:

getting your money back on a 2nd hand car is not an easy thing to do..................you seem to have got your refund without too much hassle.............

i know you think im stupid ...but i would be sorely tempted to stay with that dealer and say..."look this is what i want...i will give you 2 weeks to find it and we will start again and do a deal..."........................

what do you rekon ?

I reckon you're correct, you are stupid!

[oowee]

 £14.5k sounds a lot to pay for a 63 plate so I am surprised there was anything wrong with it. My 62 plate base model will go for about £9k i reckon. 

[robbiep]

Right, your rights, in law (Consumer Rights Act 2015).

If a fault occurs within the first 30 days, you have the absolute right to reject the vehicle , and to a FULL refund. You do NOT have the right to any further sum (fuel, etc).

The garage might WANT to have a go at repairing the fault, but it is up to YOU whether you allow them to do this. You are under absolutely no legal obligation to do so.

After the first 30 days, but within the first 6 months, you are legally obliged to allow the selling garage ONE attempt to rectify a fault that happens. If they fail to fix the fault, then you can reject the vehicle for a refund. HOWEVER, they can deduct a sum from the refund for your 'reasonable use' of the vehicle. 

Note that if you do allow them to try a fix within the first 30 days, and the fault then comes back after that 30 days is up, you then lose your 'full refund' rights, even though the initial fault happened within the 30 day period.

My advice : reject the car. In writing, stating you want a full refund, as per your Consumer Rights Act (2015) legal rights. Take the vehicle back, and if they fail to pay up or refuse your rejection, go straight to Small Claims Court.

Oh, and stop dealing with the salesman. Remember, salesmen lie. End of story. Deal with a manager who who actually can make a decision. If they say they've got to speak to someone more senior, then no, YOU want to speak to that senior person - you want to speak to the organ grinder, not the monkey, as the old saying goes.

[Mice!]

3 hours ago, robbiep said:

After the first 30 days, but within the first 6 months, you are legally obliged to allow the selling garage ONE attempt to rectify a fault that happens. If they fail to fix the fault, then you can reject the vehicle for a refund. HOWEVER, they can deduct a sum from the refund for your 'reasonable use' of the vehicle. 

Is this on used cars? I would have expected you to get say 3 months warranty maybe and that's your lot.

good to know.

[robbiep]

5 hours ago, Mice! said:

Is this on used cars? I would have expected you to get say 3 months warranty maybe and that's your lot.

good to know.

This is on used cars too, yes - but note that it does NOT cover private sales, or auction sales.

The only proviso is that there must be 'reasonable expectations' of the car - so if you buy a 20 year old car for £500, and it has a minor electrical glitch, it would be unreasonable to expect the same standards as on a 3 year old car that you paid £20k for.

In this case, (5 year old vehicle, price of £14.5k), you can pretty much expect everything to work. Engine light, ESP light coming on, with cruise not working, suggests a fundamental fault with the vehicle, and they've just cleared the fault codes before selling it.

Edited October 16, 2018 by robbiep

[Mice!]

Cheers that's great info.

[johnnytheboy]

On 15/10/2018 at 20:58, robbiep said:

Right, your rights, in law (Consumer Rights Act 2015).

If a fault occurs within the first 30 days, you have the absolute right to reject the vehicle , and to a FULL refund. You do NOT have the right to any further sum (fuel, etc).

The garage might WANT to have a go at repairing the fault, but it is up to YOU whether you allow them to do this. You are under absolutely no legal obligation to do so.

After the first 30 days, but within the first 6 months, you are legally obliged to allow the selling garage ONE attempt to rectify a fault that happens. If they fail to fix the fault, then you can reject the vehicle for a refund. HOWEVER, they can deduct a sum from the refund for your 'reasonable use' of the vehicle. 

Note that if you do allow them to try a fix within the first 30 days, and the fault then comes back after that 30 days is up, you then lose your 'full refund' rights, even though the initial fault happened within the 30 day period.

My advice : reject the car. In writing, stating you want a full refund, as per your Consumer Rights Act (2015) legal rights. Take the vehicle back, and if they fail to pay up or refuse your rejection, go straight to Small Claims Court.

Oh, and stop dealing with the salesman. Remember, salesmen lie. End of story. Deal with a manager who who actually can make a decision. If they say they've got to speak to someone more senior, then no, YOU want to speak to that senior person - you want to speak to the organ grinder, not the monkey, as the old saying goes.

Did you buy this personally or through your business? 

Asking as your name is builders implying you are part of a building business and it’s a commercial vehicle. 

 

If you bought this personally then refer to the above advice, they have the right to attempt one repair before your reject the vehicle. 

 

If you bought this as a business consumer rights don’t apply to business transactions and you are onto plums, it’s then a civil case between your business and the business you bought this from, they owe you no duty to repair the car.