Car dealer refusing a refund

unholyangel

shaun_from_Africa wrote: »

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.
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.

They may try that approach (as I said, I'd expect at least one of them to try and reject the claim in the first instance because despite the law being clear, creditors will argue the toss rather than paying out), but thats not how things work legally and they should know that by now.

They should know that if a consumer has a claim against the trader, they have a like for like claim against them and that they have the same liability as the retailer. Their liability is not reduced or restricted in any way just because another creditor was involved.

Just like J&S liability in council tax. Doesn't matter what the individuals say about their "share" of the liability, its J&S liability which means they're liable for the full amount - even if other parties are willing to contribute to it. Its a third party situation basically. Your contractual liability to the council is for the full amount but you might have a claim against other parties to recoup the costs from them.

forgotmyname

It didnt state brand new £1800 BOSE system just installed, its a used car that would have had a used system installed.

The head unit would have been clearly visible when you viewed it so did that say BOSE? Or is it just the amp thats not BOSE?

These can be picked up for less than £20. And they are standard fit in some cars and often fairly small and hidden. Your guy not not know where its located.

nyermen

I think several car manufacturers offer Bose as an option. Audi offer a bose speaker system, though not for as much as that, as it's just the speakers (and maybe amp?). Head unit is Audi's own as it's integrated into everything else such as the MMI display.

Anyway, if I saw "Bose system", I would expect it to be whatever the specced option would have provided, unless it indicated specifically aftermarket. In the case of the Audi (those models with bose rather than B&O), it's a full surround sound system integrated into the car, with specific wiring looms, door tweeters, front central speaker, sub base in the boot, and more. The trim isn't "pre-prepared" for aftermarket retrofit. And more than that - the whole design of the underfloor of the boot is different (you loose boot space, as the floor is higher).

Therefore I wouldn't just accept that it could be installed by a third party, but I might accept the original factory option cost, adjusted against current value (eg. if I bought car for 60% of list price, i'd expect 60% of the factory option cost).

However as noted by others, if it's misadvertised, you have far better rights than that if you want.