Nightmare used car purchase S75

unholyangel

They're breaking the law asking you to sign a waiver for your rights too.

Misleading a consumer about or attempting to restrict/remove their statutory rights is a criminal offence. 

I'd go down the s75 route. Just make sure your card company don't try to out it down as a chargeback and, if they do try to limit it to the amount paid by credit card, remind them they're jointly and severally liable and that neither should they be attempting to mislead you about or restrict/remove your statutory rights. 

Fosterdog

This whole situation sounds like a complete mess from both sides. The dealer is definitely a cowboy outfit with some very shady ideas about what they can get customers to do. 

OP you've hardly been innocent in it either though, the bit I still don't understand with the original payment though is that you went there fully prepared to pay the £2000 extra, you failed to notice they'd undercharged you, but also when they tried to charge the cards for the extra while you were still driving home your cards lacked the funds, so how exactly had you planned on paying that £2000 if you didn't have the funds available? From the outside it certainly looks like you did realise that you'd been undercharged.

Ultimately though why would you even consider keeping this car and getting it repaired? You are having this much trouble already, how do you think things will be handled if you discover further faults or issues down the line? 

elwon20

Fosterdog said:

This whole situation sounds like a complete mess from both sides. The dealer is definitely a cowboy outfit with some very shady ideas about what they can get customers to do. 

OP you've hardly been innocent in it either though, the bit I still don't understand with the original payment though is that you went there fully prepared to pay the £2000 extra, you failed to notice they'd undercharged you, but also when they tried to charge the cards for the extra while you were still driving home your cards lacked the funds, so how exactly had you planned on paying that £2000 if you didn't have the funds available? From the outside it certainly looks like you did realise that you'd been undercharged.

Ultimately though why would you even consider keeping this car and getting it repaired? You are having this much trouble already, how do you think things will be handled if you discover further faults or issues down the line? 

Good question. I have several cards with various limits.
I handed him a card and checked the limit on my app.
"How much would you like me to take from this card?"
"xxxx"
Dealer makes the transaction, I put in my pin. I put my card away and grab another.
"And how much from this card?"
"xxxx"
"That's more than the amount owed"
"Is it? Oh... then whatever the remaining amount owed is"

Is pretty much how it went. I honestly don't remember the exact numbers without going and checking, hence the x's. I assure you I did not leave knowing that I had been undercharged. Should I have noticed? Absolutely yes! I mean I did sign an invoice with the wrong price on it... and the "That's more than the amount owed" should have raised alarm bells. But I was buying my dream car, I was excited and in a rush to get home before it got dark.
I can see how someone might be sceptical that I didn't notice... but let's not forget, the seller added up the numbers (including the apparently illegal card fees) printed the invoice, and charged my cards, and he managed to not notice in all 3 cases also.

Why would I consider keeping it and getting it repaired? It's a rare car (in its current form with its dechrome) and has *most* of the things I want (with exception to the ACC). It has a full Jaguar service history. To buy another and get it de-chromed would be a pain and take a time I don't have. I need a second car right now and it would be a bonus to know the gearbox has been fully reconditioned.

If I keep it, get it repaired and then claim for the costs of the repairs later... that solves most of my 'lack of car' issues in the quickest manner possible. If I wait for a refund... then I'm stuck with a broken car on my drive for at least 8-12 weeks if not a lot longer. With no space to put a 3rd 'cheap run around' which I really don't want to buy.

If I could get my money back for this car tomorrow. I'd do it without thinking twice... but 8+ weeks,... I can't handle that kind of inconvenience I have a daughter to ship around, and a job.

Grumpy_chap

How much is the repair going to cost?
Why not keep the car and use the £2k you didn't pay to cover the cost of the repair?

mattyprice4004

Personally I'd give the garage 14 days to effect the repair in writing, then have it done and pursue them through Small Claims for the amount. 
If they fold and agree to do it, the cost of getting it to them is your problem though - they didn't make you choose a car 200 miles away; that was your choice and should have been a factor in the decision if the car ever needed repairs.