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Jeep Wrangler - Refusal of refund on a faulty car - HannahBB

I cannot underestimate how shocked we were at how Dealer X refused to refund us our money when we rejected a faulty car.

We bought a car for over £12,000 and the first time it rained it was clear that the roof was leaking. We returned the car to reject it as is our right under the Sales of Goods Act 1979 as it was not fit for purpose and they refused to refund us our money.

They then drove and fixed the car without our permission and attempted to force us to pick the car up by charging us £30 a day storage. The police were contacted who notified them they were acting outside the law but they continued on with the same threat.

They refused to tell us what work had been done on the car or who did the work. We even offered to sell it back at a loss but their counter offer was for us to lose over £1,000.

When told we were going to inform other consumers about them they threatened to sue us for libel if we posted bad feedback unless it was done after we won a court case against them.

We are shocked and appalled that Dealer X could act in this way and it is experiences like these that we feel make people wary of buying from dodgy car dealers.

We only dealt with our complaint in writing so that have evidence to back up our claim but we are now being forced to take them to court. They most likely know that we will only be able to claim 70%-80% of our fees back so will still lose money, but that's better than a leaking car. They even then said in an email they dont understand why we dont take the car back, sell it and take them to court for the difference.

We even laid out our court case against them to show them we would win (thanks to a previous post on this website) so if any dealer fixes your car without permission they have legally accepted the rejection.

1. Bowes v J Richardson & Son Rugby County Court, 28 January 2004.

The Sale of Goods Act was applied in reverse, when considering whether a seller has accepted a buyer's rejection of goods. The Defendant had carried out repairs without Mr Bowes’ authority. In doing this, they had acted in a manner inconsistent with Mr Bowes' ownership, thereby accepting that the car had been rejected. They were bound by their acceptance of Mr Bowes’ rejection, even if he had not in fact been entitled to reject the car.

2. Clegg v Olle Andersson, 2003

This is relevant as they admitted, in writing, that they sold us a car with a fault and was therefore of unsatisfactory quality. We retain the right to reject it as the sale of the car in this state constituted a breach of the original purchase contract.

(Dealer's name deleted. If they're as litigious as you say, they could easily sue us for defamation. I competely agree with Skidpan below - a public forum is NOT the place to air individual grievances like this.)

Edited by Avant on 26/09/2015 at 17:29

Jeep Wrangler - Refusal of refund on a faulty car - skidpan

You will do your case no good by airing this on the internet, you could in truth make things much worse.

Would suggest you get the thread deleted and use the legal process to get the issues sorted.

Jeep Wrangler - Refusal of refund on a faulty car - scot22

I agree with this advice. You have established a good case : keep a cool head (easy to say) and don't take things wider than you need to.

Jeep Wrangler - Refusal of refund on a faulty car - alan1302

Will depend if the car was new or used as well

Jeep Wrangler - Refusal of refund on a faulty car - RT

Will depend if the car was new or used as well

At a purchase price of £12,000 it'll be used.

Jeep Wrangler - Refusal of refund on a faulty car - pd

I don't understand. Car had a fault, you took it back, apparently they fixed it.

If this is the case then it sounds totally unreasonable on your part and that is how it will look in court.

If it has been fixed, go pick it up and enjoy it. If you pick it up and it hasn't been fixed then take it back and then demand a refund.

What's "dodgy" about a dealer who takes a used car back, repairs it, and then - not unreasonably - expects the customer to retrieve it?

Sorry if I have misunderstood but that is how it looks from you description.

Edited by pd on 26/09/2015 at 09:32

Jeep Wrangler - Refusal of refund on a faulty car - Brit_in_Germany

The OP will probably be arguing that the goods had not been accepted and they are therefore entitled to reject them and be reimbursed. The dealer will argue the goods had been accepted and under the SOGA he has to be given the opportunity to remedy any defects. Bit of a stakemate which the courts will have to sort out if no one blinks first.

Jeep Wrangler - Refusal of refund on a faulty car - pd

The OP will probably be arguing that the goods had not been accepted and they are therefore entitled to reject them and be reimbursed. The dealer will argue the goods had been accepted and under the SOGA he has to be given the opportunity to remedy any defects. Bit of a stakemate which the courts will have to sort out if no one blinks first.

If it has been fixed then, really, what is the problem? Presumably the buyer wanted a Jeep Wrangler and if the dealer has offered up one which is now OK then I can't see the issue.

Used cars sometimes have issues - if the seller fixes them then that's all good.

If they have actually fixed it then slagging off the dealer when they appear to have just done what any reasonable person would expect them to do seems a little unfair to me.

Jeep Wrangler - Refusal of refund on a faulty car - Avant

I recommend people to look at DVD's thread in this section (many thanks, DVD). Hopefully the new Consumer Rights Act will make future situations like this clearer.

Edited by Avant on 26/09/2015 at 17:35

Jeep Wrangler - Refusal of refund on a faulty car - Andrew-T

<< I cannot underestimate how shocked we were .... >>

I know what you mean, but you are telling us that this incident was totally unimportant?

Jeep Wrangler - Refusal of refund on a faulty car - thunderbird

A few observations:

I cannot underestimate how shocked we were at how Dealer X refused to refund us our money when we rejected a faulty car.

Did you think honestly think they would simply write you a cheque.

We bought a car for over £12,000 and the first time it rained it was clear that the roof was leaking. We returned the car to reject it as is our right under the Sales of Goods Act 1979 as it was not fit for purpose and they refused to refund us our money.

Its normal for the seller to get a chance to fix unless its a particularly serious fault, yours isn't, its got a leak.

They then drove and fixed the car without our permission.

You took the car to them with a fault and they fixed it, why complain.

The police were contacted who notified them they were acting outside the law but they continued on with the same threat.

The Police would give no such advice since its a civil matter and not criminal.

Could go on but its clear you for some reason don't want the car. Simple solution, sell it and move on, its been fixed now.