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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

I've just called the DVLA and they do have the application and it is currently being processed. Not much we can do in the meantime, which is a swine. Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322826 3rd May 2017 1:52 pm
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Steve D



Member Since: 19 Jan 2013
Location: Essexshire
Posts: 4092

United Kingdom 

Nice to hear of the consumer rights act working. Thumbs Up Past: FL2 TD4 HSE Auto
Evoque SD4 Dynamic Lux Auto
Present: Audi A3 S Line.

Post #322827 3rd May 2017 2:10 pm
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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

Although I won't fully believe it until it happens, he did specifically say we are entitled to a refund and they will do so as soon as the V5C is received. Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322828 3rd May 2017 2:11 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4614

United Kingdom 

Decent progress there Thumbs Up

Only just noticed you are in Scotland. I seem to recall advising someone else who lived in Scotland and I think that some parts of the Act don't apply there. The key parts we discussed do so no need to worry about anything else at this stage and with such good progress. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #322829 3rd May 2017 2:32 pm
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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

Yup. I've just emailed them asking if they can confirm via email that the refund is agreed and to quote the full amount being refunded. We need to get another car and can't really wait too long so if we know for sure funds are coming we can get another one on credit card in the meantime. Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322830 3rd May 2017 2:34 pm
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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

Going to chase up the email request this morning. I know I'm entitled to the full amount paid but there was an £80 "car admin fee" added - can I claim that back too? Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322862 4th May 2017 8:16 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4614

United Kingdom 

S.20 (10) states: To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #322865 4th May 2017 8:36 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4614

United Kingdom 

S.20 also states:

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
(16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.
(17)The trader must not impose any fee on the consumer in respect of the refund. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #322866 4th May 2017 8:39 am
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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

So no fees for refund, but maybe not getting the original fee back? Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322868 4th May 2017 9:00 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4614

United Kingdom 

You are entitled to everything back that you paid for the car. Thumbs Up I'm curious as to what the fee was for in any case LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #322870 4th May 2017 9:22 am
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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

I have no idea - I wasn't there. It'll just have been some form of claw back as we paid for tax. Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322871 4th May 2017 9:24 am
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dondiddy



Member Since: 16 Apr 2017
Location: Hamilton
Posts: 751

United Kingdom 2012 Freelander 2 TD4 HSE Manual Firenze Red

As the OP did not hand over any cash for the Ford but "paid" with the Audi would the garage have to give him a refund in actual cash or could they just cancel the whole deal, return the Audi and ask for their money back? Neutral

Post #322882 4th May 2017 10:41 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4614

United Kingdom 

Basically they would give a refund of the price of the KA. The cash already paid out by the dealer reflects the Audi being worth more than the KA. So in effect the dealer is still getting paid the price of the KA by means of the Audi which they will of course sell on. Ownership of the Audi has passed on so to return that would be overly complicated and perhaps impossible if they already have a buyer. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #322883 4th May 2017 10:50 am
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Chuckalicious



Member Since: 23 May 2014
Location: Midlothian
Posts: 1701

United Kingdom 2014 Freelander 2 SD4 SE Auto Santorini Black

I'm waiting to see if they say anything about the Audi. I'd like to know if I would have to take it back if they still have it, as I don't know what it has been used for or if anything has been done to it. My understanding is I get a refund of the value of the car when we bought it. Will be an interesting one if it comes up. Learned to drive in 2011.
Bought a Micra - great little car
"Upgraded" to Kia Sportage - hated it
Proper upgrade to FL2 TD4 GS 60 reg Facelift - tailgate paint issues, fuel gauge rewire, transfer box failure at 36k miles, clutch at 60k
Reconditioned diff at 70k ish
Sold at 84k and now on a DS. Terribly unreliable.
Sold DS for a 2021 Mitsubishi Outlander PHEV. Fingers crossed....
Sold Outlander for a 2014 SD4 SE Tech because I’m mental

Post #322884 4th May 2017 11:09 am
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MartynB



Member Since: 08 Aug 2011
Location: Currently Rootless !
Posts: 1761

United Kingdom 2009 Freelander 2 TD4 GS Auto Zermatt Silver

The Doctor wrote:
Basically they would give a refund of the price of the KA. The cash already paid out by the dealer reflects the Audi being worth more than the KA. So in effect the dealer is still getting paid the price of the KA by means of the Audi which they will of course sell on. Ownership of the Audi has passed on so to return that would be overly complicated and perhaps impossible if they already have a buyer.


In 2003 I rejected a new Triumph Daytona 955i on the day I collected it from a Huddersfield dealer. I think the agreed price was £ 7250 , I had traded in a Yamaha for £3500 value, and paid the balance by debit card. To cut a long story short they said I had no grounds for rejection, I refused to move from the showroom ( on a Busy Saturday Morning Rolling with laughter ). I had dropped my Yam off the week before, and they had sold it so they could not return the bike. To cut a long story short I left the showroom 40 minutes later with a cheque for £7250.

Triumph were horrified when I phoned them on the following Monday, They arranged for a dealer in Lancashire to honour the price, give me 2 years interest free credit ( it was worth having cash in the bank then ) and gave me a £350 credit for Triumph clothing or accessories


Ps I received the V5 for the rejected bike a few weeks later ! I returned it to DVLA saying I had no title Thumbs Up 2009 GS Auto Zermatt Silver - Sold June 21 after 10 years of ownership

2016 Subaru Outback SE 2.0 diesel SE Premium Lineartronic Sold 2024 after 8 years and 80k miles . Best Car I ever owned !

2023 Toyota Hilux invincible X 2.8 Auto .

Post #322885 4th May 2017 11:24 am
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