Car refund refusal

[eifedwards]

Hi there, am hoping for advice.

I bought a 07 plate VW Golf GT Tdi for £7,000 from a car dealership in Maes Y Cwmmer in South Wales on 5th August 2013. The car had 62000 on the clock.

The price breakdown is £200 deposit on credit card, £5800 on debit card, £1,000 n part ex for my old car - now sold onwards.

The car ran out of diesel within 2 miles of leaving the dealership and I had to be towed to get some more. Not a great start but it did leave me feeling very worried about the purchase so therefore I took the car for an out of sequence service at my local trustworthy garage. Unfortunately it transpires that there is a a long list of faults the main one being an oil leak from the gearbox which is a serious defect. My garage are willing to submit a supporting letter stating that the defect would have been present at the time of the sale.
The dealership also did not inform me that a cambelt change was due at 80,000 OR 48 months. I was aware of the mileage limit but not the time limit. This information would have influenced my buying decision.

I have phoned the dealership to ask for a full refund and quoted the Sales of goods act 1979 etc etc. I was given short shrift not surprisingly.
I have followed up with a recorded delivery letter stating my case and giving them 14 days until I take further action. I am expecting no joy.

Where do I go from here? Any advice gratefully received.

[des8]

Re: Car refund refusal

Court, after sending "letter before action".
Here's a good place to start:
http://www.justice.gov.uk/downloads/...tart-guide.pdf

Assume your letter has told vendor that you do not accept car, rejecting it etc etc and that the car was described as being in good condition or similar? Was there no warranty with it? The warranty wouldn't restrict your legal rights but should be in addition to them.

[wales01man]

Re: Car refund refusal

Did the OP ask about cambelt renewal? probably not but if the law says car can be returned that's what should happen if its not fit for purpose

[eifedwards]

Re: Car refund refusal

Thanks for the replies.

I have told the vendor that I reject the car and would like a full refund.

I did ask about cambelt renewal but was informed it was not due which was incorrect.

I paid deposit by credit card and have now been in touch with the credit card company who so far seem to be very helpful.

[des8]

Re: Car refund refusal

If you were misinformed, the dealers are on dodgy ground as that is possibly fraudulent.
Well worth discussing this with trading standards and the fraud people at http://www.actionfraud.police.uk/report_fraud

[labman]

Re: Car refund refusal

Have a read HERE. It explains your rights extremely well. :beagle:

[eifedwards]

Re: Car refund refusal

Update for those who are interested.

MBNA now looking in to the matter. I have forwarded all correspondence to them including receipts, letters to dealers etc. Things seem quite slow to get moving but I am assuming that this is usually the case.

They are looking in to "section 75" action. I am not at all sure how successful this sort of thing is but seeing as I have a car sitting on the driveway with an overdue cambelt and oil leaking from the gearbox which I dare not drive then I am secretly hoping that the credit card company will view the dealers as being "bang to rights" and help me out. Anyone had experience of this sort of thing with their credit card company?

Any advice, as ever, will be gratefully received.

[labman]

Re: Car refund refusal

Did you read my link in post 6? Was it any help? If not, why not?

Sorry - three questions one after the other! :beagle:

[eifedwards]

Re: Car refund refusal

Yes thanks, a very useful link.
There are so many things to take in at the moment that I am a bit bogged down with it all.
My main concern was if I took the dealer to court and lost then I would have to pay his costs, but I am pretty certain I wouldnt have to.
Otherwise I am forging ahead

[labman]

Re: Car refund refusal

Excellent - keep forging.

[charitynjw]

Re: Car refund refusal

Excellent - keep forging.

Isn't that illegal?

[labman]

Re: Car refund refusal

Isn't that illegal?

Squire, I know nuffink, nuffink at all, honest! (I'll have £100 worth of the tenners when you've printed them!)

[eifedwards]

Re: Car refund refusal

Update: MBNA have sent my dispute to their legal team. Not sure wether this is positive or not.
i will hear in 10 working days they say
meanwhile I have sent a letter before action to the car dealers. Intend to put MCOL in on or around the 26th
have also been in touch with ITV wales watchdog equivalent who are very interested and want to film me and help. Does doing that put me in to dodgy territory as regards the legal process?

[labman]

Re: Car refund refusal

One would expect the legal team to deal with things. As for contacting the media, I doubt it will harm, and may help, but that is purely my opinion. :beagle:

[eifedwards]

Re: Car refund refusal

Not surprisingly, the car dealers have stopped signing for my recorded delivery letters. The last one was was a "final letter before claim" which was laid out according to the "practice direction" document published by the Minsistry of Justice. I specified 14 days from receipt of the letter before I put in an MCOL. What should I do? Just put in a claim anyway?