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advice and help needed please

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hi looking for some advice please.

my OH and I bought a car from a dealer a couple of weeks ago. the car itself is a VW Golf, and was recorded Cat C earler this year. we bought the car post repairs, and it was sold on the basis that it was now fine.

i thought we were being prudent when we bought the car by getting the agreement that we would have VW look over the car, and if anything was wrong with it we would bring it back for the dealer to correct.

i took it to VW, and they actually took me out back into the workshop to look under the car, and they said it was the worst repair job they had ever seen on a car.

one of the suspension arms was totally bent, another was mis-fitted, the whole rear suspension was replaced (this wasnt disclosed by the dealer), all the radiators had dents in them and VW advised they werent roadworthy and needed replacing. also, there was a bad welding repair done to the chassis, VW said if they do a repair of this nature they will replace about 5x the amount that was replaced, for structural integrity.

all in all, a complete mess done!

needless to say i took the car straight back to the garage i bought it from, he eventually agreed to take the car back off me less a £350 'handling fee'. i felt lucky to have got that so didnt argue too much. this £350, plus the £150 i paid for the service and check by VW leaves me £500 out of pocket, but i figure better be short of this than an expensve repair a few months down the line with very little chance of money back then.

i'm currently waiting for the V5 (logbook) to come through so i can take the car back to him, however on Saturday i got a call from him, first of all saying he changed his mind and WOUDLNT refund the car, then eventually backing down on that but saying he would sell the car on my behalf then give me the sale value.

can he do this, he's claiming he doent have the money to give me, and that he sold the car on behalf of someone to begin with and they wont give him the money.

what are my rights here, TBH i just want my cash back and to be shot of him!

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    How did you pay?
  • artbaron
    artbaron Posts: 7,285 Forumite
    edited 3 June 2013 at 5:03PM
    Edit: I replied without reading the second part of your post, never a good idea. So I removed it and await your reply to the post above.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did VW give you a written report of faults etc/stating the car isnt roadworthy?

    It can actually be a criminal offense for a dealer to sell a car that is not roadworthy.

    How long did you have the car before telling the dealer you were rejecting it? What year/model/mileage/price was it?

    Personally I'd have been aiming for a full refund back - including cost of VW inspection.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Perhaps you also need to advise the DVLA (or who deals with VIC test)of the state of the car....

    VIC test Clearly if VW think its unroadworthy how did it pass the VIC test.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • paddyandstumpy
    paddyandstumpy Posts: 1,486 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    hi all

    i paid via bank transfer.

    the car is a vw golf, 60 plate, 24k miles, match spec.

    i know it was a cat c when i bought it, but was told it was fully repaired.

    regarding money back, the dealer just laughed at me when i asked for all my money back AND the cost of the VW inspection; he told me i bought it knowing its a cat C so i took the risk.

    it had already passed the VIC as there was a new logbook, and he had it MOT'd before i picked the car up.

    i think his mate did the MOT and that was slightly dodgy...

    we collected the car and paid for it on the Sunday, the following Saturday i took it to VW and then back to him.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    hi all

    i paid via bank transfer.

    Uh oh! Means you'll probably have to sue for the refund. :(
  • molerat
    molerat Posts: 34,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Written report from VW dealer.
    Letter Before Action for full refund plus any costs.
    Trading Standards.
  • pinkshoes
    pinkshoes Posts: 20,566 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the written report from VW states that the car is unroadworthy, and it has been sold to you as roadworthy, then return the car immediately and ask for a FULL refund.

    Give him a "Letter Before Action", and state that you expect a full refund of £x within 14 days, and failure to do so will result in you taking him to court for the money, including the cost of the independent report and court costs.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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