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Returning a car..

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trying to understand my rights, i bought a 60 plate car from a local garage 20 days ago, it has had nothing but problems so want to get my money back. the car was up for sale at £5500, they gave m… Read More
bluetba Avatar
1m, 3w agoPosted 1 month, 3 weeks ago
trying to understand my rights, i bought a 60 plate car from a local garage 20 days ago, it has had nothing but problems so want to get my money back.

the car was up for sale at £5500, they gave me £500 for my non running car, so my invoice says I paid £5000 for the car, they said my old car was worth £50 scrap, but actually knocked £500 off of the car.

i know I have 30 days for a full refund, but my old car has now gone, so how much refund should I push for?

the new car has been in their garage more than I have had it so have done probably 50 miles.

this was a local independent garage.

thanks for any input.
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bluetba Avatar
1m, 3w agoPosted 1 month, 3 weeks ago
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Best Answer
You'll get what the invoice says, I reckon. The amount you 'got' for your car was changed into a discount.

£5000 + £50 px allowance.

e.g. you buy a pair of shoes in the shop which are up for £50, they get discounted by £5 when you ask the manager if they can do them any cheaper. You discover a fault with them and return them, do you get £50 or £45?

That's always the problem with dealers rolling the figures back.

Edited By: Dipbill on Mar 05, 2017 22:23: Added info

All Responses

(15) Jump to unreadPost an answer
Responses/page:
#1
You're entitled to what you paid for it what more do you want ?
#2
Just reject it and get your full amount back.

http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights

Rejecting a second-hand car

If there's a problem with a second-hand car soon after you've bought it - for example, the car develops a problem you wouldn't expect for the car's age and mileage, or it turns out not to be what you’d been led to expect - you may have the right to reject it and get your money back.

If you bought the car after 01 October 2015, you only have 30 days to reject a second-hand car and get a full refund under the Consumer Rights Act.

Cars bought before 01 October 2015, come under the Sale of Goods Act, which states that you must have rejected the car within a reasonable time frame.

While there's no clear definition of what a reasonable time is in the Sale of Goods Act, it probably needed to be within three to four weeks – less if it was an obvious problem.

And if you reject a second-hand car you must stop using it immediately.

Returning a second-hand car

If you're past the first 30 days but a problem has arisen that you think would have been present at the time of purchase, then you're entitled to ask for a repair or replacement free of charge.

In most cases this will be a repair, as whoever sold the car to you will usually be able to prove that the cost of replacing it would be disproportionate.

During the first six months after purchase it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.

But after the first six months, the onus will be on you to prove that the fault was present from the day you purchased the car.

If the attempt at a repair or replacement is unsuccessful, you're entitled to a refund.

But the car dealer can make a deduction from the refund after the first 30 days for 'fair use'.
#3
Ok i'm guessing you're thinking you should be entitled for the extra £500 that was knocked off ?
#4
waterloo
You're entitled to what you paid for it what more do you want ?


He payed £5000 plus a car that probably no longer exists so what he's asking is how much should he get back. If he only gets £5000 back that isn't the true cost of what he paid is it? Why comment stupid things that are no help to anybody....
#5
He should get the £5500 back which is the total value of the sale if they can't return his part exchange.
#6
You'll get what the invoice says, I reckon. The amount you 'got' for your car was changed into a discount.

£5000 + £50 px allowance.

e.g. you buy a pair of shoes in the shop which are up for £50, they get discounted by £5 when you ask the manager if they can do them any cheaper. You discover a fault with them and return them, do you get £50 or £45?

That's always the problem with dealers rolling the figures back.

Edited By: Dipbill on Mar 05, 2017 22:23: Added info
#7
waterloo
Ok i'm guessing you're thinking you should be entitled for the extra £500 that was knocked off ?


no not at all, i just didn't know how to handle the trade in, they told me it would be scrapped for £50, should i ask for that.
#8
bluetba
waterloo
Ok i'm guessing you're thinking you should be entitled for the extra £500 that was knocked off ?
no not at all, i just didn't know how to handle the trade in, they told me it would be scrapped for £50, should i ask for that.
I'm here to help you not that the other poster sees it that way, so will get what the invoice says £5000. The discount on the car was £500 if you push he may give you £50 as a goodwill gesture as your old car was taken in part exchange.
#9
Dipbill
You'll get what the invoice says, I reckon. The amount you 'got' for your car was changed into a discount.

£5000 + £50 px allowance.

e.g. you buy a pair of shoes in the shop which are up for £50, they get discounted by £5 when you ask the manager if they can do them any cheaper. You discover a fault with them and return them, do you get £50 or £45?

That's always the problem with dealers rolling the figures back.
100% correct
#10
Your invoice should show you the original screen price when you purchased it. Then it will show the amount you paid plus the PX value of your car (£500). You SHOULD get back the amount you paid Plus your car, exactly as you traded but as that has been scrapped they have you pay you the £500 value they put on it in PX.
What they may have put on the invoice is you paid £5000 for the car and PX at £50 and that is what you get back but that's what you would have signed at the time so no arguments now.
Basically, you should be owed the amount on invoice.
If they try and say "but your car was only worth £50" then you have the right to insist on it back ...... something they won't be able to do and therefore have no legal leg to stand on. Smalls claims court will side with you if it goes down to that
#11
japes
Your invoice should show you the original screen price when you purchased it. Then it will show the amount you paid plus the PX value of your car (£500). You SHOULD get back the amount you paid Plus your car, exactly as you traded but as that has been scrapped they have you pay you the £500 value they put on it in PX.
What they may have put on the invoice is you paid £5000 for the car and PX at £50 and that is what you get back but that's what you would have signed at the time so no arguments now.
Basically, you should be owed the amount on invoice.
If they try and say "but your car was only worth £50" then you have the right to insist on it back ...... something they won't be able to do and therefore have no legal leg to stand on. Smalls claims court will side with you if it goes down to that
That is correct but the op says the invoice says £5000 so i'm thinking the £500 was a discount on the car as he said the dealer knocked £500 off the car no mention of px on the invoice ?

Edited By: waterloo on Mar 05, 2017 22:44
#12
Thanks for the replies, makes sense now in that my refund will be for what's on the invoice which is the £5000, no mention of part ex or anything. just means now that the car which was originally £5500 which I got for £5000 due to trading in, now I will be looking at cars that are £5000 as I will no longer have my old car as a tool.

Plus the costs of tax and insurance which I have now incurred.
#13
bluetba
Thanks for the replies, makes sense now in that my refund will be for what's on the invoice which is the £5000, no mention of part ex or anything. just means now that the car which was originally £5500 which I got for £5000 due to trading in, now I will be looking at cars that are £5000 as I will no longer have my old car as a tool.
Plus the costs of tax and insurance which I have now incurred.
Thanks for the clarification this might shut all the haters up now X)
#14
waterloo
bluetba
Thanks for the replies, makes sense now in that my refund will be for what's on the invoice which is the £5000, no mention of part ex or anything. just means now that the car which was originally £5500 which I got for £5000 due to trading in, now I will be looking at cars that are £5000 as I will no longer have my old car as a tool.
Plus the costs of tax and insurance which I have now incurred.
Thanks for the clarification this might shut all the haters up now X)

Don't know, but I do now know that in future the invoice will show everything that's agreed at the point of sale!!

I hated buying cars before - even more now, ah well time to start looking again.
#15
bluetba
waterloo
bluetba
Thanks for the replies, makes sense now in that my refund will be for what's on the invoice which is the £5000, no mention of part ex or anything. just means now that the car which was originally £5500 which I got for £5000 due to trading in, now I will be looking at cars that are £5000 as I will no longer have my old car as a tool.
Plus the costs of tax and insurance which I have now incurred.
Thanks for the clarification this might shut all the haters up now X)

Don't know, but I do now know that in future the invoice will show everything that's agreed at the point of sale!!

I hated buying cars before - even more now, ah well time to start looking again.


what car was it by the way. anyway put your old cars number plate into the mot and tax checker it will show if it's been scrapped or not if the same guy works at the dealers and if it hasn't actually been scrapped ask the guy do the decent thing and give u a refund on the car or ask him give my car back see what he says. as he has messed u about a alot. I know on paper u can't really get back if it's not written down but ask the guy and see what he says but I've been in that situation I struggled to give the car back just pushed off with some temporary repairs it was from a garage 100 miles round trip so not ideal keep going back. I have bought of private sellers after that. they way I do it know is I look for a car that seems to be underpriced and go for that and if it's got little issues that way I know what they are and can spend the extra on them instead of the hassle with wheeler dealers.

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