[STEVEFORREST]

Hi all... fairly simple one

I purchased a second hand clio a couple of weeks ago that turned out to have an oil pressure fault. Within 10 days of purchase it was back with the trader while he attempts to repair.

He's had it a week today and contacted him for an update. Also floated the topic of a full refund if he can't resolve the problem...

In his response he started talking about deductions he would be making to refund for log book change, advertising,valet and the use I had from car.

Question 1) can he make said deductions if I choose to reject within30 day window?

Question 2) as I said he's had the car a week and no sign of it coming back to me yet. Given his response to the first issue I'm wondering if his plan is to hold on to vehicle beyond the 30 window. Can he do this and do the days he has the car count towards the 30 days?

[NMNeil]

https://www.legislation.gov.uk/ukpga...ion/20/enacted
10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

(17)The trader must not impose any fee on the consumer in respect of the refund.

So it looks like the seller can't deduct anything, but just give a full refund, assuming that the seller is a trader rather than a private seller.

An overview.
https://www.autotrader.co.uk/content...r?refresh=true

[STEVEFORREST]

@NMNeil

Yep, hes a trader... and im not unsympathetic that he will be out of pocket, but ive had physical ownership of the car for about 10 days (discounting the time hes had it back for repairs) and dont see why i should be expected to pay for his readvertising the car etc

[TC1474]

The Motor Ombudsman at What are a consumer’s legal rights when buying a car? - The Motor Ombudsman lays things out quite clearly if you are outside the 30 day short term warranty time frame.

What they say is -

"If you are now outside of the first 30 days, the seller has one opportunity only to repair or replace the faulty car. You will not be able to ask for rejection at this stage.

This does not apply to cars purchased before 1 October 2015. The Sale of Goods Act allows the seller to either repair or replace the car within a reasonable period of time without causing significant inconvenience.

If you are complaining about a fault within the first six months of purchase, it is presumed this fault was there at the time of purchase. The seller will need to prove that this fault was not there at point of sale. If you are complaining about a fault outside of the first six months, you will need to prove that fault was there at point of sale.

If the seller is unable to repair the fault because the same fault persists or a new inherent fault has developed, or the replacement car has an inherent fault, then you can ask for your money back or a price reduction (partial refund) if you wish to keep the car.

Remember, for rejection outside of the first 30 days, the seller is entitled to deduct the mileage you have added onto the car."

If you require further clarification then call them. If you need to take legal action against the trader, then issuing proceedings is simple and not a major cost although costs can be claimed back if you win.

But you will also note, that the dealer can only deduct an amount for the mileage covered. They cannot claim for anything else

[STEVEFORREST]

Well I'm well within the 30 days. My concern is that he could hold onto the car for repairs beyond the 30 days or so close to the deadline that I don't have time to see if the problem is resolved.... and I'm unsure as to whether days that he has the physical car in his possession count... so in essence I'm not sure whether I'm on day 12 or day 19 at this point

[TC1474]

Originally Posted by STEVEFORREST

Well I'm well within the 30 days. My concern is that he could hold onto the car for repairs beyond the 30 days or so close to the deadline that I don't have time to see if the problem is resolved.... and I'm unsure as to whether days that he has the physical car in his possession count... so in essence I'm not sure whether I'm on day 12 or day 19 at this point

The 30 days commences from the moment you take delivery of the vehicle, so the fact that you are still within your 30 day period, formally write to him and give him a deadline of 7 days to put your vehicle right.

In the meantime speak to either the Motor Ombudsman or your local Citizens advice or Trading Standards, they will point you in the right direction.

[STEVEFORREST]

@TC1474

Thanks for the advice. He got in touch again this evening to say the mechanics had identified the problem (partially blocked pick up pipe) and that it would be fixed within 2 to 3 days... he wants to hold on to it for a couple of days after that to check the fix worked which would put me on roughly day 24 or 25 when I get the car back, but my limited understanding is that the 30 days was paused once he took the car back to attempt repairs.

I'm probably being paranoid and I acknowledge that, but his insistence that he would be making deductions on a potential refund despite only having had the car for a little over a week triggered alarm bells as CRA15 seems to be fairly iron-clad on a full refund if within the 30 day right to reject window and as a trader I can't believe that he wouldn't know that

[TC1474]

Originally Posted by STEVEFORREST

@TC1474

Thanks for the advice. He got in touch again this evening to say the mechanics had identified the problem (partially blocked pick up pipe) and that it would be fixed within 2 to 3 days... he wants to hold on to it for a couple of days after that to check the fix worked which would put me on roughly day 24 or 25 when I get the car back, but my limited understanding is that the 30 days was paused once he took the car back to attempt repairs.

I'm probably being paranoid and I acknowledge that, but his insistence that he would be making deductions on a potential refund despite only having had the car for a little over a week triggered alarm bells as CRA15 seems to be fairly iron-clad on a full refund if within the 30 day right to reject window and as a trader I can't believe that he wouldn't know that

I will say it again. Speak to the specialists and experts at one of the bodies I mentioned.

They cannot make deductions other than mentioned, but get the advice from the horses mouth.

The law is on your side, but you need proper legal advice and this is not my specialist area of law.
.

[Santa]

@STEVEFORREST Here is a link to the Which Magazine page on rejecting a car. There is a very good pro forma letter attached.

https://www.which.co.uk/consumer-rig...r-aeziX3M7tYNw

[STEVEFORREST]

@TC1474

I will absolutely do that. Thank you again

[NMNeil]

Originally Posted by STEVEFORREST

@TC1474
CRA15 seems to be fairly iron-clad on a full refund if within the 30 day right to reject window and as a trader I can't believe that he wouldn't know that

Of course he knows it, he's just hoping that you don't.