Immediately returning a new car

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This topic contains 1 reply, has 2 voices, and was last updated by Stuart Masson Stuart Masson 7 months, 2 weeks ago.

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  • #110681 Reply

    Dr V Sinha

    Hi I bought a Toyota Yaris on Friday and emailed Toyota to return the car in less than 24 hours as
    1. Transmission problems – I believe the car is faulty and not fit for purpose – its an automatic and it doesnt change gears fast enough when I speed up and it shakes when I reach a paltry 70mph
    2. It’s not the car I expected – it works incredibly poorly
    3. Wasnt taken on a test drive (just around car park)
    It was delivered with 9miles on the clock. I have done a total of 60.

    I gave my old car in as deposit – £1000 is what they gave. And 0% APR.
    I believe, I was missold the car and while I’m willing to take privately take responsibility for my rash choice to buy – i want to make them know that they took advantage of my hurry to buy (because I’m a doctor and I have very little time).
    What sort of position am I in legally speaking? I have stopped driving the car. I have sent short emails and phoned several times – no real reply. I will send a formal letter today (it is day 2, Sunday).
    This 14 day cool off period – is it like ‘no quibble’ or should I expect a lot of quibbles?
    It was bought with under pcp.
    If I refuse to pay and essentially demand a complete reversal – am I likely to succeed?
    What should I put in the letter I send them? Thank you everyone in advance for your kind help and advice!

  • #110844 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    Legally, I’m not sure you have a case unless you can show that the transmission on your car is faulty. The other issues are not objective faults: unless the car is not as described or not like a similar example you test drove, you can’t reject the car because it’s not what you expected.

    It sounds like you have bought the wrong car for your needs, and that’s not covered under the Consumer Rights Act unless you can show evidence (ie – in writing) that you have been mis-sold. Yes, they probably took some advantage of you rushing to buy a car without properly evaluating it against your needs, but that’s not their fault. It’s yours, for buying a car in a rush and then realising it’s not what you wanted.

    There is legally no cooling-off period on a car purchase from a dealership. Your PCP finance agreement does have a 14-day cooling-off period, but that only cancels the finance and does not reverse the vehicle purchase.

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