Dodgy Dealer Sold us a Faulty Car

sblondon

My mother bought a second hand Golf from a used car dealer nearly three weeks ago, a week after she bought it the gearbox failed on a roundabout, it was pushed into a car park, the RAC were called who performed diagnostics which revealed a fundamental flaw with the gearbox which would cost £3500 to repair.

We were advised that according to the Consumer Rights act that we should contact the dealer, explain that the car had been sold faulty, that this breached her consumer rights and that as we are (well) within the 30 day 'grace' period that he is obligated to refund the money.

We have had the car towed back to him and sent all correspondence via email and recorded delivery. He now has the car, the keys and had agreed to refund nearly the full cost (less £350) which we agreed to on Monday of this week. Needless to say there has been no refund and he has listed the car for sale on Autotrader and on his website. He is now not responding to any communications.

Please, please can someone help me figure out what to do, my mother has very little and has just left an abusive relationship, this situation is pushing her over the edge and I'm struggling to cope with her/it and really no idea what to do next. I am going to call her bank tomorrow re Chargeback options as she paid by Via Debit but I don't hold out much hope for that.

Any advice would be hugely appreciated, I can't see the wood for the trees at the moment.

boo_star

Send them a Letter Begore Action.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

If they fail to respond file a claim at https://www.moneyclaim.gov.uk/web/mcol/welcome

You can try the chargeback route but I!!!8217;d still send the LBA, it!!!8217;ll only cost you a stamp.

sblondon

Thanks, we have just sent the Letter Before Action. Just don't seem to be getting anywhere.

boo_star

Forgive the odd characters, apparently the forums have taken a sudden disliking to apostrophes.

arcon5

What's his explanation for the deduction as on the face of it she should be getting a full refund!

How much was the car?

Can you visit the dealer in person?

sblondon

arcon5 he offered no explanation, just that this is what he would refund. My mum is desperate to get the money back so accepted. He has not made any refund. The car was £5350. We can visit in person although as e now know for sure that he is a criminal (actively advertising a car he doesn't own that he knows is dangerous on the road) we are not inclined to go to his dealership in person.

arcon5

Then tell him you want a full refund. He has no right to a deduction.

Call your card company and tell them you returned faulty goods and the business haven't refunded you despite agreeing to. Ask to do a chargeback and see if they agree to put it through.

He may well have fixed the car so accusing him of being a criminal is presumptuous. I suspect more than anything it's been fixed and he's now looking to sell it to get the money back in to refund it.
Take somebody with you if you don't feel confident and spit your dummy out. A big song and dance in front of customers, or at least the threat of it is often effective.

LilElvis

Why not try a chargeback? You have proof that the car was returned as he is readvertising it - show this to your bank as evidence. Maybe go and take some dated pictures of it back on his lot too.

[Deleted User]

I do not see how replacing a gear box will cost £3,500, you could replace a whole engine for less than that. Timing belt, maybe because of the damage it going can cause to rest of the engine but not the gear box.

Before you buy a car ALWAYs have it inspected by an independent mechanic. Cost maybe £100 against a £5k purchase. Sorry I think that is unbelievable as well (that you can spend that kind of money without any kind of inspection).

pappa_golf

deannatrois wrote: »

I do not see how replacing a gear box will cost £3,500, you could replace a whole engine for less than that. Timing belt, maybe because of the damage it going can cause to rest of the engine but not the gear box.

Before you buy a car ALWAYs have it inspected by an independent mechanic. Cost maybe £100 against a £5k purchase. Sorry I think that is unbelievable as well (that you can spend that kind of money without any kind of inspection).

a: a faulty gearbox is "not dangerous" on the road , to the previous poster

2: what could a indipendent engineer see if the box was working but failed later , a bloody big flag sticking out saying "I am going to surrender!"

DoaM

Perhaps an optimistic gearbox would sign "I will survive"?