Lost deposit on used car if agreed repairs unsatisfactory?

divermatty

Hi,

I'd really appreciate some advice if anybody knows where we stand on this? We are in the process of buying a used car from a dealer, saw it last week and paid £500 deposit. There were some minor repairs which I asked the garage to complete before I collected it today, including a crack in the windscreen (in driver's view). I got these in writing.

However, when I went to collect the car today, the chip was still very obvious. The garage state they have completed the repair, but I am not satisfied with it as I think it would fail MOT in the current state. I have asked for my deposit back and they have refused.

I will not take the car in its current state, but I feel my deposit is being unfairly taken because the repairs are not to my satisfaction. Am I right or do they have the right to keep it? This could not be resolved tonight, and I am trying to decide what to do before I speak to them again tomorrow. The dealer is about 60 miles away so it is a hassle and expensive to keep going back and forth on the train.

I will walk away from the car and the deposit if necessary. I have been lurking on here for a while and seen the useful advice people give, so thought I would try asking on the off-chance someone can help.

Thank you for reading.

hartcjhart

as on other thread

Crack or chip???

divermatty

Thanks for pointing that out. It's a chip with a tiny crack, about 3-4mm

hartcjhart

just seen you reply

if it is a small chip then the repair if done by somone like 'autoglass' is perfectly fine and will not affect the MOT,when you say in drivers view do you mean in the 'sweep' of the wipers?

harveybobbles

Chips can be repaired, but cracks cant. If the garage wont replace the window, you could claim off your insurance and pay the £50 excess.

divermatty

Yes, it's in the wipers' sweep.

I appreciate that not all windscreen damage can be repaired perfectly, but the problem is I was given the impression it could be when we agreed the sale price.

hartcjhart

but the thing is if it is a small chip(and most have a tendril crack) then the repair would be satisfactory,
I think what you mean is they did'nt replace the screen as you thought they might?

oh and the 'chip' will still be visible but fixed

Kurtis_Blue

Thers no grey area here or debate simply measure:

The MOT says windscreens can be repaired but within certain limits.
Damage in:
Zone A (the driver's key area of vision - approximately 30 cm wide and centred on the middle of the steering wheel) must be no larger then 10 mm across.

Or

Zone B (any other part of the screen) must be no larger than 40 mm across.

Seems your 3-4mm chip is repaired, they normally look a little "milky" afterwards.

divermatty

Ok thanks for the replies everyone! It's all been really helpful.

newfoundglory

You have a contract with the car dealer.... you were going to buy the car subject to them carrying out the repairs which they agreed to do. Ask for the receipts or evidence of the repairs carried out. There was some consideration involved in this contract - you paid a £500 deposit.

If they fail to carry out the repairs then they are in breach of that contract. You can either take delivery of the car and carry out the repairs yourself - you can then sue them through the small claims court.

Alternatively, you can decline delivery of the vehicle and recover your £500 deposit through small claims process. As well as recovering your £500 deposit, you should also be able to claim on top any extra it costs you for obtaining the same/similar car elsewhere (if the same/similar car costs £200 more at a dealer down the road, then you should claim this). If they withhold your deposit, you should also charge them statutory interest at a rate of 8% per annum (Section 69 of the County Courts Act 1984).

I would suggest you make your demands in writing, as it will be easier and cheaper for all involved.