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

williamgriffin

Grumpy_chap said:

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.

There was also a part ex involved. 

sheramber

on 20th January you said 
I raised the complaint within 4 days of ownership (I’ve now had the car about 18 days,
You later said that the dealer had agreed in writing to refund you.

Buy on this thread you say you bought it 3 RD  December.
and he is disputing refunding your deposit.

tacpot12

The dealer can't refuse to refund the deposit because of wear and tear. The Consumer Right Act 2015 only allows a reasonable deduction for wear and tear, and on a car costing £10,000 where it has travelled on 500 miles since purchase, the reduction for wear and tear should be minimal, a few hundred pounds at most. Just tell the dealer that their suggestion of £2000 being a reasonable deduction for wear and tear is absurd, and unless they come back with a reasonable adjustment, you will see them in court. 

Mswizzj

sheramber said:

on 20th January you said 
I raised the complaint within 4 days of ownership (I’ve now had the car about 18 days,
You later said that the dealer had agreed in writing to refund you.

Buy on this thread you say you bought it 3 RD  December.
and he is disputing refunding your deposit.

I didn’t say he offered to refund to the deposit in writing, I said that regarding the cost of the transport of car back to him (which he is now refusing too).

I had owned the car no more than 3 days your correct.

Regarding the way I went about it, the car developed a knock after a few days of driving the car it’s self, took it to the garage to see what it was, and they provided the evidence of the issue.

thus was forwarded to my finance company, which deemed the car not fit for purpose and also a danger for the road, apparently if I hit a pot hole at a hefty speed, there was chance of that completely snapping, and my wheel overtaking me.

AdrianC

Mswizzj said:
thus was forwarded to my finance company, which deemed the car not fit for purpose and also a danger for the road, apparently if I hit a pot hole at a hefty speed, there was chance of that completely snapping, and my wheel overtaking me.

It wouldn't.

Apart from the minor detail that the previous owner was presumably driving around quite happily for however long with those bottom arms like that, the worst that would have happened is they'd have bent. Even if one of the bottom arms did snap, the wheel is still firmly attached to the hub, which is still firmly attached to the car by the upper arm, the track rod, and the driveshaft.

tedted

op what was causing your knock?

ontheroad1970

Getting the car back to the dealer isn't his problem.  It was your choice to drive nearly 300 miles to get a bog standard Audi.  Getting it to him is your responsibility.

Mswizzj

AdrianC said:

Mswizzj said:
thus was forwarded to my finance company, which deemed the car not fit for purpose and also a danger for the road, apparently if I hit a pot hole at a hefty speed, there was chance of that completely snapping, and my wheel overtaking me.

It wouldn't.

Apart from the minor detail that the previous owner was presumably driving around quite happily for however long with those bottom arms like that, the worst that would have happened is they'd have bent. Even if one of the bottom arms did snap, the wheel is still firmly attached to the hub, which is still firmly attached to the car by the upper arm, the track rod, and the driveshaft.

I see you post on other threads, you argue every statement, are you a mechanic? Or specialist in the field of cars? If so then fair enough.

If not, I’d rather listen to the Audi specialist that told me this, when it comes to my safety.

the fact that the lower arms have around 6mm cut out of them, it is a mechanical failure (major fail) on an MOT slip, once again, provided by the Audi specialist. 

Also the finance company has concluded that the Audi information is enough to warrant rejection of the vehicle, the main concern is the deposit here.

Mswizzj

ontheroad1970 said:

Getting the car back to the dealer isn't his problem.  It was your choice to drive nearly 300 miles to get a bog standard Audi.  Getting it to him is your responsibility.

Bog standard or not, that doesn’t matter.

he’s breached his contract and terms, meaning nothing in the agreement stands.

audi have issued a failed MOT on the car, meaning I cannot drive it back to him.

Mswizzj

AdrianC said:

Mswizzj said:
thus was forwarded to my finance company, which deemed the car not fit for purpose and also a danger for the road, apparently if I hit a pot hole at a hefty speed, there was chance of that completely snapping, and my wheel overtaking me.

It wouldn't.

Apart from the minor detail that the previous owner was presumably driving around quite happily for however long with those bottom arms like that, the worst that would have happened is they'd have bent. Even if one of the bottom arms did snap, the wheel is still firmly attached to the hub, which is still firmly attached to the car by the upper arm, the track rod, and the driveshaft.

Also, I’m not the previous owner, and I am not happy to drive it like that.