Goods sold not fit for purpose, company refuses to give back deposit

Puddingboy

Hi there,

My fianc!e, her father, our son and I went to collect a car yesterday from that we had put a deposit on last week Friday.

Firstly, Upon checking the car we noticed there was no petrol cap, we raised this issue and about 20 minutes later a technician arrived with a petrol cap. I left to go to my car (the one we arrived in).

Upon stating my car about 10 minutes later, I received a call from my fianc!e to say that the cars ESP ASR system faulty
warning lights were on on the dashboard and that the car was juddering. I went back inside to report this and the gentleman I spoke to said it was because there was only a little diesel in the car.

It doesn't take a mechanic to know that was rubbish. He asked us to go to the cafe and have a drink on them while they had their mechanics run a diagnostic and let us know in half an hour.

Half an hour later and having been completely put off the car we decided to call our finance company to get their advice about cancelling the agreement. They advised us to just hand back any paperwork and leave.

Upon doing so we handed everything back and left. The finance company has since unwound the agreement and is in the process of getting the funds back.

We are however short the £99 administration fee that we paid on Friday. I feel that I would be able to get this back as the deal never went through and we were sold a vehicle that was not as advertised (working) or fit for purpose. I have since called them to get the money back, they nearly said yes but the lady went off the phone for a moment then came back and said no.

I did record the entire conversation but I realise this will not be admissible.

Am I covered under the CPR and CSA?

Many Thanks,

Looking forward to your reply and advice.

Kind regards

atrixblue.-MFR-.

Puddingboy wrote: »

Hi there,

My fianc!e, her father, our son and I went to collect a car yesterday from car giant that we had put a deposit on last week Friday.

Firstly, Upon checking the car we noticed there was no petrol cap, we raised this issue and about 20 minutes later a technician arrived with a petrol cap. I left to go to my car (the one we arrived in).

Upon stating my car about 10 minutes later, I received a call from my fianc!e to say that the cars ESP ASR system faulty
warning lights were on on the dashboard and that the car was juddering. I went back inside to report this and the gentleman I spoke to said it was because there was only a little diesel in the car.

It doesn't take a mechanic to know that was rubbish. He asked us to go to the cafe and have a drink on them while they had their mechanics run a diagnostic and let us know in half an hour.

Half an hour later and having been completely put off the car we decided to call our finance company to get their advice about cancelling the agreement. They advised us to just hand back any paperwork and leave.

Upon doing so we handed everything back and left. The finance company has since unwound the agreement and is in the process of getting the funds back.

We are however short the £99 administration fee that we paid on Friday. I feel that I would be able to get this back as the deal never went through and we were sold a vehicle that was not as advertised (working) or fit for purpose. I have since called them to get the money back, they nearly said yes but the lady went off the phone for a moment then came back and said no.

I did record the entire conversation but I realise this will not be admissible.

Am I covered under the CPR and CSA?

Many Thanks,

Looking forward to your reply and advice.

Kind regards

firstly its not for any one to decide what evidence is admissible, a judge decides the merits of the recording and whether it is permitted or not permitted so hang onto it.


secondly. You broke a contract to purchase. this usually boils down to losing deposit as a remedy to the affected party in the contract I.E the car sales.


Did anyone test drive it? before putting deposit down and did you agree any repairs and faults prior to collection?


If you didn't test it, and you didn't look over before hand then your on sticky grounds, if the description of the vehicle in the advert differs greatly to what you see in the advert you may have grounds to a refund. if the advert states perfect working order then all these fault arose as soon as it was started then its not in perfect working order as per advert and would be entitled to you money back.

Nodding_Donkey

Another point about recordings. If you have a recording and you go to court you can type up a transcript of the call. If the other side say the transcript isn't a true record you can offer the recording. If they refuse that tells the Judge who is telling the truth

Puddingboy

Thank you both for your feedback,

In answer to your questions, yes I did take the car for a test drive last week Friday, all was well, I have been advised by a few people that engine management and faults that are displayed on the dashboard can be reset using most basic or advanced diagnostic tools.

They dealership also ran a diagnostic on the day after we complained, the person we spoke to said and I quote " most of these cars with sensors you just reset the lights " unquote. I have that recorded too.

Now if that was the case then there would be a DIY sensor reset button on the dashboard.

I have since had a call this evening from a manager there who has reassured me that he will look into it and get back to me by Sunday.

I will keep you posted.

Once again many thanks

AdrianC

Puddingboy wrote: »

I have been advised by a few people that engine management and faults that are displayed on the dashboard can be reset using most basic or advanced diagnostic tools.

Yes, you can. And, yes, sometimes they'll stay off because whatever triggered them was transient. But they may well come back because they're telling you of a genuine fault.

But going back to the title of the thread - are we talking about a refusal to return a £99 administration fee, or a £99 deposit?

atrixblue.-MFR-.

lights come on for no reason sometimes, but even with a reset sometimes they come one 15 30 mins down the road because the car has done another test on its sensors and found the fault with it which it previously detected and displayed and had wiped. some wont go out at all because the sensor or part is dead. 90% of the time its a fault with the car that needs attention. so their interpretation of you just need to reset it says it all that that's what they were going to do and youd end up taking it back when it came back on anyway.

facade

Take comfort from the fact that you have only lost £99, rather than potentially thousands in time, hassle, and even real money if you had gone through with the purchase.

gilbert_and_sullivan

facade wrote: »

Take comfort from the fact that you have only lost £99, rather than potentially thousands in time, hassle, and even real money if you had gone through with the purchase.

Yes, it might go against the grain but the admin fee might be a fairly cheap lesson about the type of car sales operation to avoid like the plague.

loskie

You may have to pursue the £99 through the small claims court so wouldn't be worth it. Depending on the agreement do you know if it is the finance co or trader who owes the £99?

arcon5

Op can argue she didn't breach the contract, but the car didn't conform to contract and was rejected under the Sales of Goods Act.

Of course if they turn round with the defence that the fault was so minor it would be unreasonable to do so it would complicate things, but I doubt that is the case.

Hound them op - I think you'll win this.

arcon5

loskie wrote: »

You may have to pursue the £99 through the small claims court so wouldn't be worth it. Depending on the agreement do you know if it is the finance co or trader who owes the £99?

Why wouldn't it be worth it?
£99 isn't a negligible sum of money to most people!