Car dealers T&c’s (breach of contract).

Mswizzj · 31 January 2021 at 6:26PM

Hi, I bought a car back in December 2020 (3rd to be exact), a few days later I noticed that it had an issue (which laster has been confirmed to be an illegal modification, and not legal to be driven on public Uk roads, and voids my insurance policy).

I put a £2000 cash deposit on this vehicle (using visa debit), in the dealerships T&c’s he disclaims that the deposit wouldn’t be refundable if I place it, then view the car and change my mind..which I know is untrue because there’s no way he would be at a loss of £2000 in a few hours of waiting for me to view/change my mind regarding the vehicle.

Now, the finance have decided that my case be upheld regarding the car rejection/return, and for me to be put back in a position I was in prior to the sale of said vehicle.

Dealership is adamant that my deposit may not be returned if the car has sustained any type of wear and tare since my ownership (it’s driven 500 miles, 290 of those were home from the dealership.) no wear and tare exists regarding this time frame, but as I say, he’s adamant that I will not receive my refund.

Am I correct in saying that his T&c’s can no longer be pursued, due to him being in breach of our contract, selling me an illegally modified-void MOT/mot failure car? The mot station has been found to be a close friend of dealerships, and looks to be giving him dodgy MOT for him to continue trading.

He is also adamant that i take the shortfall and costing of returning the vehicle to him, as it is also stated in the document/agreement we have (which again, is null and void due to him breaching these terms).

Long and short - am I entitled to my full deposit back? due to his breach of contract, and it is down to him to get the vehicle back to his forecourt (as it is no longer legally drive-able on public roads)?