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

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  • Mswizzj said:
    Mswizzj said:
    Sorry? williamgriffin said:



    Another dramatic invalid insurance thread then. 
    Sorry? Wouldn’t exactly call it dramatic when I transfer children as a job.
    Did you buy this car through your business then?
    No, I was using it for my line of work though.
    Have you made any progress with the return today?
  • Mswizzj
    Mswizzj Posts: 38 Forumite
    Third Anniversary 10 Posts
    Mswizzj said:
    Mswizzj said:
    Sorry? williamgriffin said:



    Another dramatic invalid insurance thread then. 
    Sorry? Wouldn’t exactly call it dramatic when I transfer children as a job.
    Did you buy this car through your business then?
    No, I was using it for my line of work though.
    Have you made any progress with the return today?
    Yes, have managed to resolve with the finance company, I will be paying, and they’re reimbursing me.

    didn’t realise how expensive recovery was, if only I could drive back there..

    £650+vat  :s oof.
  • Herzlos
    Herzlos Posts: 15,903 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Mswizzj said:
    Yes, have managed to resolve with the finance company, I will be paying, and they’re reimbursing me.

    didn’t realise how expensive recovery was, if only I could drive back there..

    £650+vat  :s oof.

    Yeah, you're hiring someone with a low loader to drive your car 300 miles (5 hours @ 60mph). With a 9 hour maximum driving day that realistically doesn't allow the driver to do much else by the time they get to you and back from the delivery.

    Can you drive it back yourself after getting the wishbones fixed? Have you factored in how you get the car there and then get home? That's easily a 10 hour driving day for you and a lucky volunteer.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Mswizzj said:
    didn’t realise how expensive recovery was, if only I could drive back there..

    £650+vat  :s oof.
    Plenty of car delivery firms advertising on the 'bay, going rate is about a quid a mile.
  • Herzlos said:
    Mswizzj said:
    Yes, have managed to resolve with the finance company, I will be paying, and they’re reimbursing me.

    didn’t realise how expensive recovery was, if only I could drive back there..

    £650+vat  :s oof.

    Yeah, you're hiring someone with a low loader to drive your car 300 miles (5 hours @ 60mph). With a 9 hour maximum driving day that realistically doesn't allow the driver to do much else by the time they get to you and back from the delivery.

    Can you drive it back yourself after getting the wishbones fixed? Have you factored in how you get the car there and then get home? That's easily a 10 hour driving day for you and a lucky volunteer.
    If I'm reading the OP's intentions correctly, he is planning to reject the vehicle, with the recovery company taking the car to the dealer.  
  • AdrianC said:
    Mswizzj said:
    didn’t realise how expensive recovery was, if only I could drive back there..

    £650+vat  :s oof.
    Plenty of car delivery firms advertising on the 'bay, going rate is about a quid a mile.
    Personally, if I were using recovery for rejection purposes, I would be careful who I chose to the do the work.  I'd make sure that they had proper insurances etc. 
  • Mswizzj
    Mswizzj Posts: 38 Forumite
    Third Anniversary 10 Posts
    AdrianC said:
    Mswizzj said:
    didn’t realise how expensive recovery was, if only I could drive back there..

    £650+vat  :s oof.
    Plenty of car delivery firms advertising on the 'bay, going rate is about a quid a mile.
    Personally, if I were using recovery for rejection purposes, I would be careful who I chose to the do the work.  I'd make sure that they had proper insurances etc. 
    Yep, that’s a requirement from the finance, they need proof of policies and to provide a full invoice.
  • jellie
    jellie Posts: 884 Forumite
    Part of the Furniture 500 Posts Name Dropper
    OP - if the dealer refuses to refund the deposit, ask your bank to do a chargeback on your debit card.  You have to do this within 120 days of the payment.  The dealer would have the right to challenge the chargeback, but the fact that the finance company have unwound the deal will help your case for a full refund.
  • born_again
    born_again Posts: 20,546 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Mswizzj said:
    Mswizzj 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.
    So they did not do a FULL MOT?
    Only a assessment?
    Which should mean you can still take it back. If not then I would be asking the dealer that did the new MOT if they have reported the previous MOT tester for the failure to pick up the faults. 
    Who has the car now? You or the Audi garage you took the car too?
    Life in the slow lane
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 2 February 2021 at 12:56PM
    Mswizzj said:
    Mswizzj 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.
    So they did not do a FULL MOT?
    Only a assessment?
    Which should mean you can still take it back. If not then I would be asking the dealer that did the new MOT if they have reported the previous MOT tester for the failure to pick up the faults. 
    Who has the car now? You or the Audi garage you took the car too?
    Except the OP is outside the 30 day blanket refund, and outside the 28 day MOT appeal windows.

    The vendor has the right to repair the faults. He has already offered to cover the cost of this being done at a local garage to the OP. Does that include paying main dealer rates? That's unlikely to be seen as reasonable, on a car of this age.

    The OP wants to spend twice the cost of repairing the suspension on getting the car transported back to the vendor to reject it.

    The "apparent condition" at the time of purchase could easily be deemed to include a faulty airbag warning light, since it would have been apparent to anybody undertaking reasonable due diligence that it didn't self-test as it should. Although the MOT test carried out on the day of collection says it did work just fine...
    https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/7-other-equipment#section-7-1-5
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