Car dealer refusing a refund
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Bellabum
Posts: 4 Newbie
Bought a used car and in the advert it stated it had a Bose sound system, this alone can cost around £1800 to buy. Got the car home and there were some electrical faults with the car so had a mechanic take a look and he discovered that it was not a bose sound system it was just Bose speakers and the amplifier was another cheaper brand. Took the car back to the dealer and they are refusing to acknowledge any electrical faults but eventually (after they initially insisted that the sound system was Bose) admitted that it wasn't a Bose. They are refusing to refund the money even though the complaint was made within 30 days of purchase.
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have you asked them to fit a Bose system or refund the difference in value with and without?0
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They have said that they won't replace it or give any refund0
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You can buy a second hand bose sound system on ebay for about £90 so the £1800 figure is an exaggeration to say the least.have you asked them to fit a Bose system or refund the difference in value with and without?
Have they breached the contract? With the Bose speakers maybe, maybe not not, but to base it on an £1800 difference is not going cut it, a reasonable person in the small claims court will however decide.0 -
I've had an official quote from a reputable auto technician so the £1800 is not made up nor an exaggeration. This is the sound system that the car has when it comes off the production line and adds value to the car.0
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I've had an official quote from a reputable auto technician so the £1800 is not made up nor an exaggeration. This is the sound system that the car has when it comes off the production line and adds value to the car.
Depending on the car you'll be lucky to be able to retrofit one and get it working properly even if you can pick up the parts.
Having been n your position before (albeit before parting with my cash for the car) did you not check before signing on the line if the Bose was a critical part of the deal ?
In terms of moving forward was it a cash or credit transaction ?0 -
As there was Bose speakers I was satisfied. The fact it had faults and someone took the car apart this is when I discovered it did not have the full sound system.
The deposit was paid by credit card and the rest is being financed through a finance company.0 -
As there was Bose speakers I was satisfied. The fact it had faults and someone took the car apart this is when I discovered it did not have the full sound system.
The deposit was paid by credit card and the rest is being financed through a finance company.
Start section 75 claims with both the card company and the finance company. They have joint & several liability for the contract - meaning you have the same rights against them as you do the retailer and you can choose to chase one of the three (3 = retailer, card company & finance company), two of the three, all three or none of them.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »Start section 75 claims with both the card company and the finance company.
Could that lead to long delays if both the CC company and the finance company start arguing between themselves over who should pay out? and then if they both agree liability, it may take longer to get the money as both finance suppliers may want confirmation from the other about how much in total is being paid.
If it was me, I would stick to a S75 claim against either the CC company or finance company then if for some reason that failed, there would be no reason that I couldn't then pursue another claim against the other company.0 -
shaun_from_Africa wrote: »Could that lead to long delays if both the CC company and the finance company start arguing between themselves over who should pay out? and then if they both agree liability, it may take longer to get the money as both finance suppliers may want confirmation from the other about how much in total is being paid.
If it was me, I would stick to a S75 claim against either the CC company or finance company then if for some reason that failed, there would be no reason that I couldn't then pursue another claim against the other company.
Joint & several liability means there is no "i'm only liable for £x amount, x company is liable for the rest".
I'd expect at least one of them to reject the claim anyway - I was recommending starting a claim with both so OP can refer both to ombudsman at the same time rather than taking the possibly drawn out process of complaining to one, they reject, referring to ombudsman, they reject (for some reason) and then having to do it all over again. Where if OP refers them both to ombudsman at the same time, ombudsman can apportion liability as they see fit.
The same way that when council tax has joint & several liability, the council can chase one or more parties for the full amount - irrelevant of individual persons willingness/readiness to pay any share of it.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I realise that but if the OP thinks they are owed £1800 and starts claims for this amount with both companies, there is no way that both can be expected to pay out the full amount.unholyangel wrote: »Joint & several liability means there is no "i'm only liable for £x amount, x company is liable for the rest".
This could possibly lead to them arguing between themselves as to how the sum of £1800 should be divided. Should it be 50% each, or maybe a different percentage depending on how much credit each company actually provided.0
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