Breach of T&c’s/agreement - dealer refusing deposit refund.

Mswizzj

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)? 

AdrianC

Is this related to this thread...?
https://forums.moneysavingexpert.com/discussion/6228431/help-regarding-car-i-bought-on-finance-that-s-modified/

Grumpy_chap

That is a very long OP, but conveniently short of detail.

• What type of car? What was paid for it?
• Age, condition, mileage?
• What is the modification that make the car illegal?
• Can the modification be remedied more sensibly than rejecting the vehicle?

 Some types of cars are just more likely to have been modified and "blinged" up than others, and the buyer of that type of car is potentially likely to be aware that this type of modification is, apparently, desirable.

Mswizzj

AdrianC said:

Is this related to this thread...?
https://forums.moneysavingexpert.com/discussion/6228431/help-regarding-car-i-bought-on-finance-that-s-modified/

No, nothing to do with me, but could be worth contacting them to see their outcome.

Mswizzj

Grumpy_chap said:

That is a very long OP, but conveniently short of detail.

• What type of car? What was paid for it?
• Age, condition, mileage?
• What is the modification that make the car illegal?
• Can the modification be remedied more sensibly than rejecting the vehicle?

 Some types of cars are just more likely to have been modified and "blinged" up than others, and the buyer of that type of car is potentially likely to be aware that this type of modification is, apparently, desirable.

It’s not exactly a ‘blinged’ up car, it’s a Audi A3 TDi.

Cost me just shy of £10000 (minus the £2000 deposit).

It could possibly be remedied, but that’s not the point, I’ve done 500 miles in a car that could of potentially cost me my license, annoying.

williamgriffin

Mswizzj said:

Grumpy_chap said:

That is a very long OP, but conveniently short of detail.

• What type of car? What was paid for it?
• Age, condition, mileage?
• What is the modification that make the car illegal?
• Can the modification be remedied more sensibly than rejecting the vehicle?

 Some types of cars are just more likely to have been modified and "blinged" up than others, and the buyer of that type of car is potentially likely to be aware that this type of modification is, apparently, desirable.

It’s not exactly a ‘blinged’ up car, it’s a Audi A3 TDi.

Cost me just shy of £10000 (minus the £2000 deposit).

It could possibly be remedied, but that’s not the point, I’ve done 500 miles in a car that could of potentially cost me my license, annoying.

What is so wrong with it that it could have cost you your licence?

williamgriffin

AdrianC said:

Is this related to this thread...?
https://forums.moneysavingexpert.com/discussion/6228431/help-regarding-car-i-bought-on-finance-that-s-modified/

No but the OP already has a thread. https://forums.moneysavingexpert.com/discussion/6233913/rejecting-vehicle-do-i-have-to-accept-my-part-ex-back/p1

In fact two.

https://forums.moneysavingexpert.com/discussion/6237245/car-dealers-t-c-s-breach-of-contract#latest

Mswizzj

williamgriffin said:

Mswizzj said:

Grumpy_chap said:

That is a very long OP, but conveniently short of detail.

• What type of car? What was paid for it?
• Age, condition, mileage?
• What is the modification that make the car illegal?
• Can the modification be remedied more sensibly than rejecting the vehicle?

 Some types of cars are just more likely to have been modified and "blinged" up than others, and the buyer of that type of car is potentially likely to be aware that this type of modification is, apparently, desirable.

It’s not exactly a ‘blinged’ up car, it’s a Audi A3 TDi.

Cost me just shy of £10000 (minus the £2000 deposit).

It could possibly be remedied, but that’s not the point, I’ve done 500 miles in a car that could of potentially cost me my license, annoying.

What is so wrong with it that it could have cost you your licence?

Has had a few modifications (not even beneficial ones), but air bag light had been removed, meaning I was driving around with an invalid MOT and insurance.

For some bizarre reason, the car had had something called ‘notching’ done to the lower wish bone arms, the garage had said that it’s normally done to compensate for a car that has been previously lowered, to stop the droparms contacting the wish bone arms.

and also weakened the wish bone due to this happening.

williamgriffin

Mswizzj said:

williamgriffin said:

Mswizzj said:

Grumpy_chap said:

That is a very long OP, but conveniently short of detail.

• What type of car? What was paid for it?
• Age, condition, mileage?
• What is the modification that make the car illegal?
• Can the modification be remedied more sensibly than rejecting the vehicle?

 Some types of cars are just more likely to have been modified and "blinged" up than others, and the buyer of that type of car is potentially likely to be aware that this type of modification is, apparently, desirable.

It’s not exactly a ‘blinged’ up car, it’s a Audi A3 TDi.

Cost me just shy of £10000 (minus the £2000 deposit).

It could possibly be remedied, but that’s not the point, I’ve done 500 miles in a car that could of potentially cost me my license, annoying.

What is so wrong with it that it could have cost you your licence?

Has had a few modifications (not even beneficial ones), but air bag light had been removed, meaning I was driving around with an invalid MOT and insurance.

For some bizarre reason, the car had had something called ‘notching’ done to the lower wish bone arms, the garage had said that it’s normally done to compensate for a car that has been previously lowered, to stop the droparms contacting the wish bone arms.

and also weakened the wish bone due to this happening.

Another dramatic invalid insurance thread then. 

Mswizzj

Sorry? williamgriffin said:

Mswizzj said:

williamgriffin said:

Mswizzj said:

Grumpy_chap said:

That is a very long OP, but conveniently short of detail.

• What type of car? What was paid for it?
• Age, condition, mileage?
• What is the modification that make the car illegal?
• Can the modification be remedied more sensibly than rejecting the vehicle?

 Some types of cars are just more likely to have been modified and "blinged" up than others, and the buyer of that type of car is potentially likely to be aware that this type of modification is, apparently, desirable.

It’s not exactly a ‘blinged’ up car, it’s a Audi A3 TDi.

Cost me just shy of £10000 (minus the £2000 deposit).

It could possibly be remedied, but that’s not the point, I’ve done 500 miles in a car that could of potentially cost me my license, annoying.

What is so wrong with it that it could have cost you your licence?

Has had a few modifications (not even beneficial ones), but air bag light had been removed, meaning I was driving around with an invalid MOT and insurance.

For some bizarre reason, the car had had something called ‘notching’ done to the lower wish bone arms, the garage had said that it’s normally done to compensate for a car that has been previously lowered, to stop the droparms contacting the wish bone arms.

and also weakened the wish bone due to this happening.

Another dramatic invalid insurance thread then. 

Sorry? Wouldn’t exactly call it dramatic when I transfer children as a job.

Ectophile

I would say carry on talking to the finance company.  You should get the full price back.