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

ontheroad1970

Mswizzj said:

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.

It's still your responsibility to get the car to him.  Was the car due it's MOT or did you decide to take it for an MOT anyway?  

williamgriffin

Mswizzj said:

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.

So google someone to transport it for you. 

Mswizzj

ontheroad1970 said:

Mswizzj said:

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.

It's still your responsibility to get the car to him.  Was the car due it's MOT or did you decide to take it for an MOT anyway?  

No, it had an mot the day I took possession of the vehicle.

a few days later a knock started, I called the dealer and he said to take it to a garage near me to get it looked at , and he’d sort the cost of the repairs (when it was found to have the issues it does, Audi insisted to do a pre inspection MOT, which they failed), hence my predicament.

Why is it my responsibility ? I’d understand if I had been sold a car that wasn’t in the condition it is.

it’s currently sat on Audis forecourt awaiting a response from the finance company regarding recovery of the vehicle.

ontheroad1970

Whose decision was it to travel so far to get a bog standard Audi?  Was it the dealer's decision?  No, it was your decision alone.  You should bear this in mind when buying high value products and you aren't the only one in this position.  It's your responsibility to return the goods.  That's part of the legislation.  If you reject goods, you have to stop using it and return it.  The rejection isn't complete until you do so, and the longer you dilly dally, the more difficult it will become.

The dealer may as a gesture of goodwill offer to pick it up but since he won't pay you the deposit, that won't happen.  You won't be able to go to court to force the return of the deposit until the rejection is complete: i.e. the goods are back in the dealer's possession.  At the moment the goods are still under your control, so effectively in your possession.

Mswizzj

ontheroad1970 said:

Whose decision was it to travel so far to get a bog standard Audi?  Was it the dealer's decision?  No, it was your decision alone.  You should bear this in mind when buying high value products and you aren't the only one in this position.  It's your responsibility to return the goods.  That's part of the legislation.  If you reject goods, you have to stop using it and return it.  The rejection isn't complete until you do so, and the longer you dilly dally, the more difficult it will become.

The dealer may as a gesture of goodwill offer to pick it up but since he won't pay you the deposit, that won't happen.  You won't be able to go to court to force the return of the deposit until the rejection is complete: i.e. the goods are back in the dealer's possession.  At the moment the goods are still under your control, so effectively in your possession.

Confused as to why you’re elaborating bog standard Audi all the time for?

Korkyb

Mswizzj said:

ontheroad1970 said:

Whose decision was it to travel so far to get a bog standard Audi?  Was it the dealer's decision?   

Confused as to why you’re elaborating bog standard Audi all the time for?

Given that:

- If you reject a car it is normally your responsibility to return it to the dealer.
- If you buy a car from a dealer a long way away from home returning it becomes more difficult logistically due to the distance.

If its a "bog standard" car then similar cars are more than likely to be available from dealers in your local area & had you bought from there sorting out issues would be much  easier as would returning the car if rejected.

Therefore you would really need a good reason to buy a car from a dealer miles away (i.e. it is an unusual car or has an unusual spec - therefore not "bog standard").


I personally would think twice about buying a car from a dealer a long way away from my home in case there were any issues.

My current car was bought from a dealer which is 27 miles away from my home (it's the nearest Jaguar dealership).

Being a Jaguar it has of course had to go back to the garage a "few" times to have issues put right....

Even being 27 miles away this process has been a right pain & I cant even imagine how difficult it would have been if the garage was 290 miles away.

Hope you get it all sorted!

Mswizzj

Korkyb said:

Mswizzj said:

ontheroad1970 said:

Whose decision was it to travel so far to get a bog standard Audi?  Was it the dealer's decision?   

Confused as to why you’re elaborating bog standard Audi all the time for?

Given that:

- If you reject a car it is normally your responsibility to return it to the dealer.
- If you buy a car from a dealer a long way away from home returning it becomes more difficult logistically due to the distance.

If its a "bog standard" car then similar cars are more than likely to be available from dealers in your local area & had you bought from there sorting out issues would be much  easier as would returning the car if rejected.

Therefore you would really need a good reason to buy a car from a dealer miles away (i.e. it is an unusual car or has an unusual spec - therefore not "bog standard").


I personally would think twice about buying a car from a dealer a long way away from my home in case there were any issues.

My current car was bought from a dealer which is 27 miles away from my home (it's the nearest Jaguar dealership).

Being a Jaguar it has of course had to go back to the garage a "few" times to have issues put right....

Even being 27 miles away this process has been a right pain & I cant even imagine how difficult it would have been if the garage was 290 miles away.

Hope you get it all sorted!

Thanks! Yes wanted a particular spec and price budget.

AdrianC

So it was priced below the typical market price for a car of that age and apparent spec?

That, too, feeds into your consumer rights.

I still don't quite understand why you wouldn't just spend the couple of hundred quid on getting the arms replaced.

Grumpy_chap

AdrianC said:

I still don't quite understand why you wouldn't just spend the couple of hundred quid on getting the arms replaced.

It will cost that much to return the car 290 miles back to the dealer.  

AdrianC

Mswizzj said:
a few days later a knock started, I called the dealer and he said to take it to a garage near me to get it looked at , and he’d sort the cost of the repairs (when it was found to have the issues it does, Audi insisted to do a pre inspection MOT, which they failed), hence my predicament.

...
it’s currently sat on Audis forecourt awaiting a response from the finance company regarding recovery of the vehicle.

Sorry, you mean you've taken it to an Audi-franchise main dealer?

What age is it? The majority of £10k A3s on Autotrader are 5-7yo.

Good luck if you think a second-hand car dealer is going to be paying main-dealer rates without a fight...