Volvo V50 - Charges for returning a faulty vehicle | Legal matters | Back Room Forum

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Thu 17 Oct 2019 20:40

Volvo V50 - Charges for returning a faulty vehicle - Chief77

I recently bought a Volvo V50 on the understanding it was in good condition and without faults or defects. An inspection revealed major flaws. Although it was purchased with a new MOT, the car failed another MOT within 1 week of purchase.

I tried ringing the seller to no avail, so sent a strong email stating my views regarding consumer rights, DVSA, consumer credit act , county courts, trading standards, breach of contract and mis-selling of goods.

I then contacted my credit card provider who suspended the payment.

In my email I gave the seller 48 hours to refund my money and collect their car or I would act upon my above stated views.

I then tried calling the seller over the next day and a half. All without success so I left a voicemail stating that I would escalate things unless they got back to me.

Half an hour later they called back saying their company policy was to have the car back in their possession before issuing a refund. They said I am responsible for getting the car back to them, I live over 100 miles away so this would be more than inconvenient and they were happy to deliver the faulty car to me in the first place.

They said that they would collect the car but would deduct £150 from the refund.

I feel that this is wrong as I would be out of pocket upon the matter being resolved. If anything I think I should be in exactly the same position Financially as I was before the original sale took place.

What I would like to do is decline their offer of charging me to collect their faulty car. If they don't collect it I would like to report it as abandoned and then claim the money back through my credit card provider.

My questions are

Do I have to pay for the car to be collected? As far as I am concerned there was a breach of contract and the car was mis-sold due to it being faulty and of unsatisfactory quality.

Am I within my rights to report the car as abandoned so that it is towed and incurs charges payable by the owners?.... I refute ownership of the vehicle and have contacted DVLA to inform them of this already.

Any advice on where I stand in of all this legally would be fantastic.

Edited by Chief77 on 17/10/2019 at 20:44

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Thu 17 Oct 2019 21:15

Volvo V50 - Charges for returning a faulty vehicle - sammy1

I don't know the whys and the wherefores of who is liable for the return of the car, but if they collect it they have your car and any cash you may have in it. From what you describe they sound a very iffy outfit. You do not say why it failed the second MOT. MOTs are often up to the perception of the technician doing the test! I suspect that it is probably up to you to return it

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Thu 17 Oct 2019 23:03

Volvo V50 - Charges for returning a faulty vehicle - Chief77

Very iffy in my opinion. I bought the car based on what I saw in the advert and I was told there would be a new MOT without any advisories. All in good faith.

It came back with 5 major defects and a further 7 advisories which makes me seriously question the MOT testing station they used. Based on the exhaust system alone it was a fail. My testing station said they would be happy to submit a statement after what they had found!

It feels a little unjust that I should have to pay to return the car and hoped that consumer rights would ensure that I am not left out of pocket!

I have been told I should trade the car in and claim through my cc provider.

They also wouldn't tell me when they would refund so I expect them to drag their heels.

I just want rid of the car and to get my money back without giving them £150 to collect their faulty item. I’m just glad I paid by credit card in case of this very situation!

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Thu 17 Oct 2019 22:50

Volvo V50 - Charges for returning a faulty vehicle - Brit_in_Germany

I would say that under CRA 20(7)(b) which reads:

"the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed."

means that unless there is an agreement in place (e.g. it is written in the sales contract) the dealer is responsible for collecting the car and paying the costs as set out in (8).

Others on this site disagree with that point of view though.

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Thu 17 Oct 2019 23:06

Volvo V50 - Charges for returning a faulty vehicle - Chief77

Many thanks, I will investigate further.... I find myself agreeing strongly with your opinion, thanks again :)

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Fri 18 Oct 2019 10:27

Volvo V50 - Charges for returning a faulty vehicle - elekie&a/c doctor

How recently is recently? If it was bought within the last 30 days , then you can apply the CRA “right to reject” terms at no cost to yourself . Do not drive the car . The seller is responsible for collection . Do not pay to have it removed .

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Fri 18 Oct 2019 13:38

Volvo V50 - Charges for returning a faulty vehicle - Gibbo_Wirral

I'd be reporting the dodgy MOT test to VOSA if it failed a week later.

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Fri 18 Oct 2019 16:03

Volvo V50 - Charges for returning a faulty vehicle - concrete

A bit of a lesson here for us all. If you are going to travel to collect a purchase you need to ensure the purchase is fit for purpose before paying and taking away. 100 miles is not a huge distance but still very inconvenient should there be a problem, as in this case. Taking it back is not a problem if it resolves the issue, but with a couple of proviso's. Firstly, report the first MOT provider to VOSA, see if they will keep you posted. Secondly, if you return the car to speed things along then ensure you have a full refund in your account. Thirdly check with your bank to ensure the refund cannot be clawed back at any time. All being well, hand back the vehicle and the keys etc and walk away. A slightly poorer but wiser man. Then I would report the faults and the vehicle details to VOSA in case they keep records of dodgy MOT failures etc. Good luck and let us know how you get on.

Cheers Concrete

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Fri 18 Oct 2019 18:38

Volvo V50 - Charges for returning a faulty vehicle - pd

Reading this it sounds like the buyer bought over the phone and had the car delivered. In which case they are returning it under the 14 day distance selling regulations.

I also suspect this is why the credit card company have helped - they'd be highly unlikely to suspend a payment if the payment was made "customer present" and the 14 day rule not applicable.

As to the MOT - MOTs are a world of pain and it is amazing how often different places will come up with entirely different results so it depends on what the issues are but if the car is being returned under the 14 day rule it is immaterial.

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Sat 19 Oct 2019 00:05

Volvo V50 - Charges for returning a faulty vehicle - Chief77

I bought the car over the phone on 4/10/19. I have done this in the past and while there was a small issue it was resolved quickly and without any trouble.

From the company reviews, the advert and the telephone conversation, I was confident and assured that any issues this time around could again be resolved quickly and painlessly.

I took delivery on 10/10/19 and the transporter driver also told me any problems would be dealt with despite the distance.

I was quite happy with the car until my mechanic told me to get it MOT’d again, I suspected a few minor bits and could have lived with that. I was not expecting multiple major defects or an unroadworthy vehicle!

I emailed the seller the day of the failed MOT stating I wanted a full refund 15/10/20.

They contacted me with their offer of a refund with vehicle collection at my expense on 17/10/20.they said they would call the next day to arrange collection.

The evening of 17/10 I sent an email declining their offer. And asking them to refund then collect or to put in writing when they would refund me following collection.

They have not contacted me since.

I need a car for work so I have bought another one... my poor credit cards have been balance transferred to their limits but I am protected and currently paying no interest aside from transfer fees.

Despite the temptation to trade their unroadworthy vehicle in and claim the difference back through my cc provider, I now have 2 cars outside my house.

While I refute ownership of one of them I do worry I am responsible if anything were to happen to the car. I have not yet taken the tax off it as I don't want to be the one to leave an untaxed vehicle on the road, but by doing this am I conceding some responsibility and liability as far as the law is concerned?
I feel I am just being responsible but should I remove the tax?

The only way I can see to resolve this is to either get the car removed by the council or to just sell it on for scrap and claim back the difference. As long as I get my money back through cc provider then I don't really care what happens to the car. I would like it to just disappear but not sure what would be the best course of action to make this happen.

The seller is clearly in no rush to get this situation sorted out and I just want to make sure I am not going to end up much poorer if anything were to happen to the car.

Thanks all for your input so far,
Daniel

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Sat 19 Oct 2019 13:17

Volvo V50 - Charges for returning a faulty vehicle - pd

You have a duty of care on the car so do not do anything silly with it. Doing so will really mess things up.

If the CC Company have suspended the payment they'll collect eventually as it means the seller will get a chargeback and will want the car back.

You are entitled to a refund under distance seller regulations so just stick with that. Don't confuse it with any sort of consumer rights act rejection as your rights on that are far less and will complicate things.

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