How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Purchased a car from a main dealer, the mileage they advertised

Resolved Question:

Purchased a car from a main dealer, the mileage they advertised was incorrect by 600 miles. also car came without back shelf. They promised to deliver me one and give me £300 of shopping vouchers regarding the error in the mileage which again I never received. I received nothing after 2.5 weeks so I agreed to return the car for a full refund. Now they are trying to charge me a £419.25 collection fee as I am based in Guildford and they are based in Aberdeen. They delivered the car Free of charge, do I now have to pay this to return the car? Please see emails from them to me below and let me know if you can help me please. Thanks
Their Response : I can confirm I have received the settlement figure and can process the buy back of your car as a good will offer.
The price you paid for the car was £28,000.00 and the settlement figure is £20,459.61.
This means we would return back to you the sum of £7540.39
As per the Consumer Contracts Regulations (distance selling) – we would need to cover the return collection fee.
This fee is £1.50 a mile and at 559 miles (Google maps) the cost would be £838.50.
Under my offer of good will I will offer you a 50% discount on this.
The final amount to return back to you would be £7121.14
The final sum would be paid once we receive the car back with all relevant paperwork and the finance company is paid. The offer will stand until 27th of February.
My response :
Dear Ben,
I am returning the car due to yourselves breaching the Terms of our Contract under the Sale Of Goods Act 1979. I was given an incomplete car with incorrect mileage, after being messed around for weeks by your sales team, I did try to resolve this issue with yourselves but after numerous phone calls and broken promises from your sales team I finally gave up. I do not agree to pay for the collection of the car, you delivered it free of charge therefore you can pick it up in the same way. I am already out of pocket as I have to pay an early settlement fee to the finance company for 300 pounds which I am entitled to seek from yourselves. At no point has this been mentioned before, which appears to be a regular occurrence in your company, because after I agreed the price and paid a deposit your sales team then attempted to charge me admin fees and fuel costs. I refuse to pay any costs to return the car and will take this matter further if necessary. I am also entitled to compensation for the inconvenience and stress this matter has caused to both myself and two 5 year olds.
I am still waiting for a correct receipt! I hope we can resolve this matter finally and amicably.
Their response:
I am sorry you don’t find my offer as fair, the offer to buy the car back is an offer off good will, because you made me aware you wanted to purchase a different vehicle.
I agree there was a discrepancy on the mileage , but it was my understanding that an agreement was made to cover this with a financial incentive, that you agreed to?
I can see from the order form that no admin charge , fuel charge or delivery fee was paid.
I am sorry the load shelf was missing on delivery, but we did agree to cover the cost of replacing the item free of charge.(delivery)
The offer I have made would be supported under the Consumer Contracts Regulations, this is because the offer have presented to you is “put you back in the same financial position you were when you purchased the vehicle minus any relevant and fair costs ”
I don’t believe there is any grounds for compensation and/or retrieval of costs towards your settlement figure.
The reason for this is the vehicle is being purchased back from yourself as a distance sale and not that there was any fault at any time with the product or Vehicle.
I think the offer I have made is fair and it is an offer I would stick to.
Thanks
Fleur
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did they try and make you aware of their terms and conditions before selling the car to you?
Were you ever informed that you would have to pay part of the delivery costs if you returned the car?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

No I was only made aware on the email after I asked my finance company for the settlement figure that I would have to pay to return the vehicle. No they were just hasty for me to pay the deposit over the phone. They are aware that it is impossible for me to drive it back as it is about 11 hours away and have twins who are 5 years old,

Thanks

Fleur

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately they cannot retrospectively impose cancellation charges on you. If they wanted to do this then they would have had to make you aware of the charges before hand.
What I would recommend you do is firstly get back the money they are offering and return the car. Do not sign anything though that says this is in full and final settlement. I would then write to them as follows:
1. Say you deny they have the right to deduct any delivery charges under the distance selling regulations;
2. Say you cancelled the agreement because they clearly misrepresented to you the car being sold and were in breach of your agreement.
3. Furthermore they failed to properly compensate you as agreed;
4. Say that unilaterally imposing a delivery charge for their breach is nothing more than a penalty;
5. Say that if they do not return the additional £400 odd pounds immediately you reserve the right to either:
(i) Report them to Trading Standards www.tradingstandards.gov.uk
(ii) Make a claim in the small claims court to recover the money they have taken.
If they still do not return the money you will then either have to go to Trading Standards or sue them.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you