VW golf purchased from VW dealers has had previous damage!

monsterboy

Hi all

 I'll try to make it as brief as i can.

Colletted my 67 plate VW GTi from Blackburn VW on the day of lock down. Handed over my Audi as part ex, signed the paperwork and home i go! I get home to wash and spruce the car up, only to find its had damage to the front wing and been badly repaired and was not told this prior to purchace. I took the car straight back within an hour of purchase only to find everyone had gone home except the main manager who inspected the car and apollogised and said we'll sort it when we open back up! (the day of lockdown)

They have a 30 day or 1000 mile exchange no quibble! The manager said "dont worry about that! your clock starts (exchange clock) when we open back up!

I have the car on PCP can i hand it back plus get my old Audi back (still in their possession)

Exchange the car for another VW maybe a cheaper one, would my original £2750 i was given as part ex still be used against another car from the dealership!

My preferred route would be to hand the Golf back and take my Audi back and just walk away!

please advise Regards Mark

AdrianC

Did they ever tell you it hadn't been damaged, or did you just assume and fail to examine it properly before purchase?

Something like a third of brand new cars have had some bodywork damage repaired prior to delivery - so it's highly likely on a 2.5yo used one.

You bought it as a VW Approved Used, so - yes - the 30 day/1k mile exchange applies. Do you have it in writing that you flagged it with them during that period? Have you contacted VW UK, who are still operating, or the dealer's parent company?

Can you get your PX back? The 30 day exchange doesn't offer a refund, and even if it did, there would be no guarantee of the PX still being available.

Can you use the 30 day against a cheaper car? Not necessarily. The 30 day exchange applies to another car of the same or greater value, not against one of lower value. It's not there to iron over a case of buyer's remorse. The PX value as part of the original payment will be taken into account, yes.
 
https://www.volkswagen.co.uk/used-cars/approved-used-benefits
"...you may be able to exchange it for another of the same price (or higher, with you paying the difference), as long as the vehicle is returned in the same condition as when it was collected and the retailer you bought your car from has an available vehicle in their stock."

https://www.volkswagen.co.uk/idhub/content/dam/onehub_pkw/importers/gb/downloads/brochures/used-cars/approved-used-benefits/volkswagen_approved_used_no_quibble_exchange_policy.pdf
"Terms and conditions
2.The Customer may choose any Approved Used Vehicle as the Replacement Vehicle, provided that:
(a) it is of an equal or higher price to the original invoice price of the Approved Used Vehicle, and
(b) it is readily available from the same retailer’s stock"

neilmcl

Outside of their own 30 day policy. You do have legal right to reject the vehicle within 30 days for a full refund, and again this will be on pause until which time it can be sorted, however if this is your intention I would be very careful as to how much you are currently using the car.

AdrianC

neilmcl said:

You do have legal right to reject the vehicle within 30 days for a full refund

Yes, but is some unquantified previously-repaired bodywork on a 2.5yo used car sufficient grounds for rejection? I'd say no, depending on what. The OP had adequate opportunity to inspect pre-purchase, yet only noticed this issue immediately post-purchase?

motorguy

neilmcl said:

Outside of their own 30 day policy. You do have legal right to reject the vehicle within 30 days for a full refund, and again this will be on pause until which time it can be sorted, however if this is your intention I would be very careful as to how much you are currently using the car.

A wing that hasnt been repaired to perfection - yet good enough for the o/p not to notice during inspection and test drive before purchase - is not grounds for rejection.

The dealer is under no obligation at all to tell you if the car has had paintwork done.

monsterboy

Update on Golf GTi

I'll try to make this brief.. after my initial post dated 27 April 2020. I have finally resolved the issue today with a full refund of my deposit+ the part ex value of my car and cancelation of my 'PCP'. To note ...they had sold my part ex car during 'Lockdown'.. mmmm not essential work, digital or otherwise as somebody would of had to have been there to hand over the vehicle, drive it, keys, paperwork. Non the less its is 'NON ESSENTIAL work!

My job is done!!

AdrianC

...and there y'go, they've made a goodwill settlement. All's well that ends well.

No legal adjudication as to whether it would have been grounds for rejection or not, but they've simply taken the path of least resistance.

Garages were able to trade through even the initial lockdown process, so long as social distancing was observed. Not all chose to, obviously, and it's entirely possible your PX went to auction or otherwise onwards within the motor trade, rather than being retailed by them.

Mercdriver

monsterboy said:

Update on Golf GTi

I'll try to make this brief.. after my initial post dated 27 April 2020. I have finally resolved the issue today with a full refund of my deposit+ the part ex value of my car and cancelation of my 'PCP'. To note ...they had sold my part ex car during 'Lockdown'.. mmmm not essential work, digital or otherwise as somebody would of had to have been there to hand over the vehicle, drive it, keys, paperwork. Non the less its is 'NON ESSENTIAL work!

My job is done!!

Don't mistake advice for law.  This weak lily livered government is doing herd immunity via the back door.  

motorguy

monsterboy said:

Update on Golf GTi

I'll try to make this brief.. after my initial post dated 27 April 2020. I have finally resolved the issue today with a full refund of my deposit+ the part ex value of my car and cancelation of my 'PCP'. To note ...they had sold my part ex car during 'Lockdown'.. mmmm not essential work, digital or otherwise as somebody would of had to have been there to hand over the vehicle, drive it, keys, paperwork. Non the less its is 'NON ESSENTIAL work!

My job is done!!

Your car would have been passed on to a trader - a main VW dealer is unlikely to retail a car at that price point.

Car sales showrooms and forecourts have to be closed, but dealers can legitimately sell cars online and by phone.  Also motor traders and dealers without forecourts can and do continue to trade.

"Essential" referred to / refers to individuals.  Any business that can remain open, should.  That has always been the message from day one.

motorguy

AdrianC said:

...and there y'go, they've made a goodwill settlement. All's well that ends well.

No legal adjudication as to whether it would have been grounds for rejection or not, but they've simply taken the path of least resistance.

Garages were able to trade through even the initial lockdown process, so long as social distancing was observed. Not all chose to, obviously, and it's entirely possible your PX went to auction or otherwise onwards within the motor trade, rather than being retailed by them.

Totally this - they took that path of least resistance, and the trade in would have been moved on to the trade.

They did far mare than they were legally obliged to, and they werent breaking any rules by selling your car on in the meantime to the trade.

fred246

I am with you monsterboy. I wouldn't want to pay good money for a 2 year old car only to find it had been smashed up and badly repaired. You do wonder what the point of this forum is. Post your problem then get abuse from the regulars.