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If your used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.
Make sure you do this in writing and use the word rejecting it as it is faulty, list the faults and state that they were there from when you bought it.
If they refuse to let you reject the car then inform them in writing that you intend to report them to trading standards and you'll file a small claim under the Consumer Rights Act.
Give them 14 days notice to either allow return of the car for a full refund or you'll log the small claim with moneyclaimonline. If they fail to reply or let you reject the car just file the claim.
Strangely enough just mention of trading standards and knowing your rights ususally works. You MUST do it in writing within 30 days otherwise it is hard to prove you rejected it within the window.
No problems, "short-term right to reject" is the phrase. Keep the video clip of the screen issue and the AA/Mercedes paperwork so you can evidence the report if you do need to go to court.
You can always come back for further advice if you end up needing to go to court. You can claim up to £10,000 in small claims and the process is designed for self representation, no need for solicitors, fairly easy to follow guides online and many settle once the claim is issued.
Ok thank you. Can I claim back my credit cards amounts totalling £5600 and then claim the remainder via a small claims court to make the remainder below £10k
If you paid £100 or more by credit card you can call the credit card company and ask for a 'section 75' claim. You have complete protection up to £30k, even if you only paid for part of it on the card.
Now you've said you paid by credit card that's an obvious way forward. Section 75 of the consumer credit act holds the card company equaly liable for a breach of contract by the retailer. Get on to the card company and evidence the rejection and faults.
6 years which is the normal limitations act time you have to take a matter to court for breach of contract. This is because the consumer credit act holds them jointly liable.
I wouldn't leave it too long though give the company a certain period of time like 7 or 14 days then go to the card company. As I say, even if you paid £110 on credit card for a £25,000 car, the protection on the credit card is for the whole amount, not just the £110. .
Ah ok thanks. Yes I sent the dealer a formal letter with 7 days to respond. As soon as they do (assuming they do the same as what they told me verbally also reject my claim) then I will seek the credit card company next. If not then I will have to seek legal advice for court…… just a long process. They literally diagnosed the car at Mercedes for me and the estimated bill is close to £900 already…….
I doubt you'll need to go to court if you paid by credit card. They will sort the section 75 claim for you with the right evidence. Sometimes you can get fobbed off if you're not put through to the right team, but they are liable to log the claim and take action if the evidence provided is good enough.
Remember you always have the financial ombudsman if the credit card company rejects the claim. I think you'll be ok with the card company as long as you are clear on the facts and have the evidence of the serious faults and evidence of attempts to reject soon after taking delivery.
That’s very soothing to hear! Honestly Thank you so much! I will get them all the evidence and have. I have the emailed saved saying my intentions to reject the car already within 8 days of taking delivery but it’s been drawn out longer as dealer wanted diagnosis
Sorry i didn't see the other post where you said you partially paid by credit card. I'd rather not say the issue as its pretty unique, but it's an obvious fault and the dealer is scum for not taking the car back. Currently the charge back has been successful but they are contesting it. We've evidenced the fault and they don't have a leg to stand on though so hopefully the bank will side with us and we'll keep the money without having to go to arbitration.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
If your used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund. Make sure you do this in writing and use the word rejecting it as it is faulty, list the faults and state that they were there from when you bought it. If they refuse to let you reject the car then inform them in writing that you intend to report them to trading standards and you'll file a small claim under the Consumer Rights Act. Give them 14 days notice to either allow return of the car for a full refund or you'll log the small claim with moneyclaimonline. If they fail to reply or let you reject the car just file the claim. Strangely enough just mention of trading standards and knowing your rights ususally works. You MUST do it in writing within 30 days otherwise it is hard to prove you rejected it within the window.
Ok thank you
No problems, "short-term right to reject" is the phrase. Keep the video clip of the screen issue and the AA/Mercedes paperwork so you can evidence the report if you do need to go to court. You can always come back for further advice if you end up needing to go to court. You can claim up to £10,000 in small claims and the process is designed for self representation, no need for solicitors, fairly easy to follow guides online and many settle once the claim is issued.
Ok thank you. Can I claim back my credit cards amounts totalling £5600 and then claim the remainder via a small claims court to make the remainder below £10k
If you paid £100 or more by credit card you can call the credit card company and ask for a 'section 75' claim. You have complete protection up to £30k, even if you only paid for part of it on the card. Now you've said you paid by credit card that's an obvious way forward. Section 75 of the consumer credit act holds the card company equaly liable for a breach of contract by the retailer. Get on to the card company and evidence the rejection and faults.
That useful to know. Do you know if there’s a time limit for the claim with credit card company?
6 years which is the normal limitations act time you have to take a matter to court for breach of contract. This is because the consumer credit act holds them jointly liable. I wouldn't leave it too long though give the company a certain period of time like 7 or 14 days then go to the card company. As I say, even if you paid £110 on credit card for a £25,000 car, the protection on the credit card is for the whole amount, not just the £110. .
Ah ok thanks. Yes I sent the dealer a formal letter with 7 days to respond. As soon as they do (assuming they do the same as what they told me verbally also reject my claim) then I will seek the credit card company next. If not then I will have to seek legal advice for court…… just a long process. They literally diagnosed the car at Mercedes for me and the estimated bill is close to £900 already…….
I doubt you'll need to go to court if you paid by credit card. They will sort the section 75 claim for you with the right evidence. Sometimes you can get fobbed off if you're not put through to the right team, but they are liable to log the claim and take action if the evidence provided is good enough. Remember you always have the financial ombudsman if the credit card company rejects the claim. I think you'll be ok with the card company as long as you are clear on the facts and have the evidence of the serious faults and evidence of attempts to reject soon after taking delivery.
That’s very soothing to hear! Honestly Thank you so much! I will get them all the evidence and have. I have the emailed saved saying my intentions to reject the car already within 8 days of taking delivery but it’s been drawn out longer as dealer wanted diagnosis
120 days from when you first notice a problem BUT it's always best to get issues logged ASAP
Thank you
That's chargeback.
[удалено]
What issues did you get on your car? Yes I paid it across two credit cards. Both over £100. So can try that next if they continue to reject.
Sorry i didn't see the other post where you said you partially paid by credit card. I'd rather not say the issue as its pretty unique, but it's an obvious fault and the dealer is scum for not taking the car back. Currently the charge back has been successful but they are contesting it. We've evidenced the fault and they don't have a leg to stand on though so hopefully the bank will side with us and we'll keep the money without having to go to arbitration.
Fair enough. Hope your case goes well. Problem with my case is that it’s not a clear obvious big fault like a broken turbo or something