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

tedted

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

williamgriffin

tedted said:

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

And not something to invalidate your insurance. 

Mswizzj

williamgriffin said:

tedted said:

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

And not something to invalidate your insurance. 

Just what I’m informed.

regardless, this is taking away from my original query.

Mswizzj

tedted said:

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

The Notched wishbones are though.

structure of the wishbone arm it’s self is severely impacted due to the fact it’s had metal removed from them.

williamgriffin

Mswizzj said:

williamgriffin said:

tedted said:

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

And not something to invalidate your insurance. 

Just what I’m informed.

regardless, this is taking away from my original query.

Take it back and get your refund job done. 

Mswizzj

williamgriffin said:

Mswizzj said:

williamgriffin said:

tedted said:

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

And not something to invalidate your insurance. 

Just what I’m informed.

regardless, this is taking away from my original query.

Take it back and get your refund job done. 

Sorry to be blunt.

this is the point of my thread, I’m asking where I stand? He’s breached his contract, but still adamant I’ll lose my £2000 refund, the rejection of the vehicle is done and the finance it’s self has been written back, so the dealer has paid them.

but still adamant I won’t get my £2000 back.

williamgriffin

Mswizzj said:

williamgriffin said:

Mswizzj said:

williamgriffin said:

tedted said:

an unlit airbag light is not a failure only an advisory,if it came on and stayed on thats a failure

And not something to invalidate your insurance. 

Just what I’m informed.

regardless, this is taking away from my original query.

Take it back and get your refund job done. 

Sorry to be blunt.

this is the point of my thread, I’m asking where I stand? He’s breached his contract, but still adamant I’ll lose my £2000 refund, the rejection of the vehicle is done and the finance it’s self has been written back, so the dealer has paid them.

but still adamant I won’t get my £2000 back.

I think you mean the money had been taken from the dealer as he can't have the money and the car. He can't keep your deposit so it sounds like you'll be off to court after returning the car. 

AdrianC

Mswizzj said:
air bag light had been removed

But you noticed that as soon as you turned the key the first time, right? When it failed to self-test?

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.

So replace the bottom arms.
They're cheap consumables. Decent brands are about £60-70/side, plus fitting - probably do both sides in an hour, then track it up.
Cost - about a tenth of the deposit you're looking at.

Grumpy_chap

Mswizzj said:

He’s breached his contract, but still adamant I’ll lose my £2000 refund, the rejection of the vehicle is done and the finance it’s self has been written back, so the dealer has paid them.

but still adamant I won’t get my £2000 back.

OK, so the car cost £10k, of which £8k was finance and £2k deposit paid by debit card.

The £8k finance has been closed down by the finance company.

The vehicle has to be returned to complete the rejection.  If that is not done in a timely fashion, then expect the finance company to get back involved as they will not accept the finance being rolled back and you keeping the vehicle for only the £2k deposit.

That will leave the £2k to be recovered from the dealer, which is going to be tough as it requires the dealer to actually write the cheque.

What is the dealer deducting for the fair use you've had from the car?  2 months and 500 miles?  You must have to pay something for that as there is a benefit gained by yourself.

You may end up in small claims court to recover that £2k, but that needs to be your last resort.  On the "up" side, whatever evidence was sufficient to convince the finance company that this was a deal to be reversed should hopefully be sufficient for the small claims court to find in your favour also.  I ask a question as to whether there is any risk of small claims court finding against you and that leaving you back to having to take the car and pay the £8k?  I ask as a genuine question as I do not know.

Before you get to small claims action, can you advise what process you used on the finance to have the £8k reversed?  I am not an expert, but if that was done under S75, then I understand the finance company may be liable for the full value of the purchase.  There are others that can give information on this, and whether the car finance even comes within S75, but in the following link, look at the "success story", paid £200 on card and the whole £22k covered:
https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

I just wonder whether the finance company and your car finance is within the remit of S75, the article says "some car finance agreements" are covered.  Is yours one of the "some"?  Also, did the finance company agree to reverse the £8k as full and final settlement, knowing they could otherwise have been on-the-hook for the remaining £2k also?  I suspect that would be frowned upon by regulators if S75 could apply.

Grumpy_chap

Have you been mis-sold 2 vehicles?
In this thread, you say the dealer was happy to accept the vehicle being rejected and to put you back in the position you were before:
https://forums.moneysavingexpert.com/discussion/6233913/rejecting-vehicle-do-i-have-to-accept-my-part-ex-back/p1

What changed?