Dealer Mis-Sold an Approved Used Car - decisions? - Metallica

Hello all,

Purchased an "Approved Used" car from a main dealer

The dealer mis-sold service history and warranty
Promised FSH but car has partial history with 6 years history missing.
Warranty is invalid as the condition for warranty needs car to have service done annually.

After threatening with legal action, they are offering a full refund. No apology or admission of mistake. Rather praising their ethos.

However I did not ask for a full refund. My offer was to refund some amount to reflect the true value as the car is not worth what I paid for - due to partial history and no warranty. In my proposals I have asked 20% of the price I paid as refund.

I do not ideally prefer to return the car as I like it and it does not have any issue and it will be hassle and additional expenses (parking permit, insurance etc) to get another car. Plus the time I will be without a car.


Just to add - I am aware of the right to reject but I was ideally hoping to keep the car and get a certain % money from them which I feel I over paid due to mis-selling
However they are rejecting that and offering a full refund - makes sense from their perspective as they will sell the car at same price or higher to another customer.


Is there any ground for me to take this to small claims court for a partial refund OR
will the court go against me suggesting that as the dealer offered full refund, I should have taken it?

I am still within the 30 day period and I made some payment with the credit card.

If the broad consensus is that I should take the offer for full refund, what other actions can I take so that car dealers do not get away with such outright lies which cause unnecessary trouble to customers.

Thanks

Edited by Metallica on 21/04/2023 at 22:11

Dealer Mis-Sold an Approved Used Car - decisions? - Brit_in_Germany

I would say that as they have offered to buy back the car you have no right to now ask for a price reduction as an alternative.

Dealer Mis-Sold an Approved Used Car - decisions? - Palcouk

You were offered a full refund, so take it, an apology/admission would be an aknowledgement of liabity, which under our legal system you will not get.

Not accepting the refund and using SCC may not result in the desired outcome, and may take many months to go through.

Dealer Mis-Sold an Approved Used Car - decisions? - Metallica

Many thanks both.

Yes while I am evaluating accepting the refund, I was trying to check for any compensation for all the inconvenience I have to go through.

It took few months to get a right car and I will be without car till I find another one.

On top of that the insurance cancellation fees.

Yea primarily it was full refund from dealer and give the car VS keep the car and partial refund via small claims court.

Thanks

Dealer Mis-Sold an Approved Used Car - decisions? - Gerry Sanderson

Wonder if this would work

Take the refund

Wait week after settlement

Make reduced offer to buy

???????

dvd

Dealer Mis-Sold an Approved Used Car - decisions? - 72 dudes

Wonder if this would work

Take the refund

Wait week after settlement

Make reduced offer to buy

???????

dvd

I like your thinking dvd!

The obvious risk is that it sells in the meantime.

Dealer Mis-Sold an Approved Used Car - decisions? - Adampr

Unless they forged service history or refused to let you see it pre-purchase, I don't think you have much of a case on the car. Either keep it or hand it back. If you think they want it back to sell for more money, sell it yourself.

Is the warranty from the manufacturer as part of their approved used programme? If so, I think you could reasonably ask the dealer to provide you with an equivalent after-market warranty free of charge. If it's already an after-market warranty, I would be asking for a refund of the warranty cost, were I to keep the car.

Personally, I would hand it back and chalk it up to experience.

Dealer Mis-Sold an Approved Used Car - decisions? - Gibbo_Wirral

I like your thinking dvd!

The obvious risk is that it sells in the meantime.

I wonder if they'll make the issues clear to a potential new buyer when the car is up for sale again?

Dealer Mis-Sold an Approved Used Car - decisions? - Palcouk

You do not qualify for compansation,and you will not get such unless you go to SCC

Dealer Mis-Sold an Approved Used Car - decisions? - Metallica

Thanks

I have decided to return the car for a full refund. Thanks for the practical advise

The alternative was for a partial refund at SCC. In the past I have been awarded costs by SCC, but those were were strong cases where the other party did not even communicate.

Dealer Mis-Sold an Approved Used Car - decisions? - KJP 123

“6 years history missing” that sounds like a pretty old car; well outside Approved Used status.

You were offered a full refund but you want more. You just want to profit. The dealers can “sell the car at same price or higher to another customer.” So you really just want a discount after you bought the car?

Awarded costs by SCC in the past: maybe unlucky or a serial complainer.

Dealer Mis-Sold an Approved Used Car - decisions? - Metallica

“6 years history missing” that sounds like a pretty old car; well outside Approved Used status.

You were offered a full refund but you want more. You just want to profit. The dealers can “sell the car at same price or higher to another customer.” So you really just want a discount after you bought the car?

Awarded costs by SCC in the past: maybe unlucky or a serial complainer.

The assumptions here <facepalm>

Dealer Mis-Sold an Approved Used Car - decisions? - Andrew-T

“6 years history missing” that sounds like a pretty old car; well outside Approved Used status.

It does sound odd to me - "6 years are missing" implies that some years are present, itself suggesting that the car might be too old to be "Approved". That in turn suggests that any recompense for misrepresentation would not be large and not worth the risk of SCC.

Basically, if you "like the car" enough to feel that it is worth what you paid for it, get on with life and forget about trying to correct the behaviour of a dodgy dealer.

Dealer Mis-Sold an Approved Used Car - decisions? - Brit_in_Germany

A missing apostrophe perhaps?