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Rights under 1975 consumer credit act

I got my daughter an Audi A1 about 18 months ago which was £13k , within a few months the
Air con wouldn't work so we took it to Audi
as you would and was hoping the garage we got it from would stand to the work which was £500
They said they would but would have to go to
a dealership that he knew and had a mate there ,
By this time Audi Sheffield had already started work as my daughter needed her car for work ,
Alas they wouldn't stand to the cost as he said
he agreed to have it mended but at his chosen
dealer , we stood to the £500 !

That's fair enough.

However the dealer could have sweetened the deal by saying he would pay half, I'm sure he would have had to pay that even with mates rates.
 
In my view this is all down to whether the dealer is decent or not. In this case the answer is not. To buy a car, even an older one, and have it unfit for purpose after 40 miles - what's that, less than an hours use out of a £1,000 purchase? Unacceptable.

I bought an 11 year old Audi A4 a few years back after my Mazda 323 finally died - which I'd bought as a 10 year old car 8 years earlier incidentally. Got the Audi for a good price, it was a nice car. However, while I was getting used to it I noticed it'd cough slightly every so often and didn't go so well when pushing on. Additionally the economy was pretty poor - something a test drive (unless over an extended period) can't really tell you. With the help of a mate who had the VAGCOM software and lead, I traced it down to a lambda sensor failing. Reported this to the garage, they apologised, had the car in right away, sorted the fault free of charge and I kept the car for a couple of years of happy driving.

So, a cheap (£1,300), old car I'd bought had a fault. I got an instant apology and a very quick repair. No drama, no hassle, exactly how it should be in my view. Car developed no other faults during my ownership as the selling garage had made sure it was ok, lambda fault aside. So, there ARE of course good guys out there, it's just the odd t*sser that damages the reputations of all sadly.

OP: I really hope this gets resolved in your favour - I'm sure it will - however it'll doubtless take time and effort due to this COWBOY car dealers attitude.

As an aside, my soon to be 16 year old Impreza still goes just fine and passed it's last MOT without issue. Little bit of rust appearing, but other than that it's good - all electrics etc. are fine, it runs perfectly. It'll make a great car for someone if I ever sell it.

Scoob.
 
Update as promised folks. Card issuer have refunded money in full. They've taken this direct from sellers business account through MasterCard I'm told. This gives them the leverage I don't have. He now has 50 days to contest the issue, which he'd be utterly stupid to do. That said, it's already well established how dense this individual is. His other option is to arrange to collect the vehicle, which, annoyingly for me means I have to look after it. It's in my garage atm as I wasn't willing to pay insurance for a car going nowhere for an indeterminable amount of time. Part of me hopes he turns up in person to collect. Part hopes he doesn't as I'm not sure I'd keep my temper. So, for now, a victory!!
 
Quote from the Joker in the Batman Movie "You can't hurt somebody who doesn't care"

Some of these dealers really don't care :dk:

You should always keep Trading Standards informed, not necessarily because they will do anything but its not likely you are his only victim,
 
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You're getting there at least - fingers crossed it is off your hands soon.
 
Write to him and give him a time limit to remove it, and charge him storage costs. If he doesn't collect after the time stated you get to keep the car too
 
ckember said:
Write to him and give him a time limit to remove it, and charge him storage costs. If he doesn't collect after the time stated you get to keep the car too
not sure whether that would stand up in a court. He's not read any of the other letters I've sent so he'd ignore these too. I did think about that though, plenty of consequential losses to go with the hassle
 
This sould now be left up to the credit card company you purchased the car through .They will ask you to send them all information in a registerd letter. Been through this my self .The car is not fit for purpose. When, or If ,the credit card company say you may not get the payment back .You say - then you [the credit company] are in breach of thier contract. These are the main words. But i think you will get it back in full. As i did .Also you dont do a think with the car sitting on your drve.Dont return it its up to the seller to remove the car imself .You just wash your hands of the sale from now. But can charge seller for storage . Just to be funny.
 
Update as promised folks. Card issuer have refunded money in full. They've taken this direct from sellers business account through MasterCard I'm told. This gives them the leverage I don't have. He now has 50 days to contest the issue, which he'd be utterly stupid to do. That said, it's already well established how dense this individual is. His other option is to arrange to collect the vehicle, which, annoyingly for me means I have to look after it. It's in my garage atm as I wasn't willing to pay insurance for a car going nowhere for an indeterminable amount of time. Part of me hopes he turns up in person to collect. Part hopes he doesn't as I'm not sure I'd keep my temper. So, for now, a victory!!

Which is what I said on 17th December, 41 posts ago.

Always best to listen to those with experience of the same or similar issue.

Nice to be proved right.
 
meeeb said:
Which is what I said on 17th December, 41 posts ago. Always best to listen to those with experience of the same or similar issue. Nice to be proved right.
not sure who that post is for really. I took advice from several sources before posting - did others disagree with you or something?
 
Good outcome .

Since you don't want this unwanted vehicle taking up space in your garage , or anywhere on your property , I'd be inclined to do two things .

1) Immediately send the V5 document back to DVLA showing the vehicle to be transferred back to the dealer ; make it clear to DVLA that the vehicle has been rejected and refunded and that you are no longer the registered keeper as of this date .

2) Write to him by registered letter ( significantly a registered letter is tracked throughout each step of its journey - as opposed to recorded delivery which is only signed for in the event of delivery , so even if he refuses to accept it , it can be shown that it was delivered to his address before being refused ) stating that the car is no longer your property or responsibility , give him a deadline by which it must be uplifted ( seven days from date of letter ) after which the vehicle will be parked outside your property and , since it is no longer yours you will accept no responsibility for it . If not uplifted from there after a further seven days it will be reported to the council as an abandoned vehicle ( by which time he will be showing as the registered keeper so not your responsibility ) .
 
Pontoneer said:
Good outcome . Since you don't want this unwanted vehicle taking up space in your garage , or anywhere on your property , I'd be inclined to do two things . 1) Immediately send the V5 document back to DVLA showing the vehicle to be transferred back to the dealer ; make it clear to DVLA that the vehicle has been rejected and refunded and that you are no longer the registered keeper as of this date . 2) Write to him by registered letter ( significantly a registered letter is tracked throughout each step of its journey - as opposed to recorded delivery which is only signed for in the event of delivery , so even if he refuses to accept it , it can be shown that it was delivered to his address before being refused ) stating that the car is no longer your property or responsibility , give him a deadline by which it must be uplifted ( seven days from date of letter ) after which the vehicle will be parked outside your property and , since it is no longer yours you will accept no responsibility for it . If not uplifted from there after a further seven days it will be reported to the council as an abandoned vehicle ( by which time he will be showing as the registered keeper so not your responsibility ) .
the only issue I foresee with that is the legality of following through on my intentions, if, as with other letters (all sent registered post I should add) he completely ignores? Would he have recourse to me? Risky without a sound legal grounding I think. I like the idea of charging him storage rent though, might explore that
 
Certainly take proper legal advice , but courts usually decide on what is both reasonable and legal .

If you have done everything in your power , and can prove that you sent the letters informing him you require vehicle removed by deadline , then you can't be held responsible for it beyond deadline .

By keeping it safe until your reasonable deadline , I would think you have exercised any duty of care you might have had , by ignoring your repeated communications the dealer has amply demonstrated that he has no interest in the vehicle . You can demonstrate that you have received the refund , therefore are no longer the owner , or are responsible for it .

Another option would be to transfer registration back to him ( by filling out the V5 and posting to DVLA ) , giving him one final notice to collect , then if he does not , inform council that you have an abandoned vehicle obstructing your property - they should remove it and pursue the registered keeper ( him ) for costs :devil:
 
Of course , if you have a mate with a trailer , you could deck the car out with all sorts of details about this saga , paint slogans all over it warning potential customers off him , and one dark night dump it on the entrance to his forecourt , lock it up and put the keys down the nearest drain hole

:devil::devil::devil::devil::devil::devil::devil::devil::devil::devil::devil:
 
The only issue with transferring ownership and proving refund is that the card issuer have warned me the refund is only temporary until the seller exercises his right to reply (for which he has 50 days). There may therefore be an argument that he's innocent (temporary refund) until proven guilty (either by collecting the vehicle or simply not contesting my dispute). For me to do anything with the car before he makes his move is probably dodgy ground with both the card issuer and the law. Thanks for the responses and ideas though
 
You might speed things up , then , by raising a small claims action for your consequential losses , including storage of said car ( at the same daily rate as the council car pound ? ) potentially for the 50 day period , but stating to the court that , as a reasonable person , you just want the car gone and would like to mitigate his losses by having the car removed sooner ?

I'm pretty sure that , having rejected the car as entitled under the Sale of Goods Act , and received the ( temporary for now ) refund from the card issuer , you would be entitled to have it transported back and dumped on his premises ( with someone witnessing that it has been 'served' on him ) then include the cost of this in your small claims action .

If you were insured with Direct Line , they would no doubt just send Winston Wolf round to see him :D
 
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Might it be worth phoning one of those consumer rights TV shows such as 'Watchdog' about this ; or maybe one of the tabloids would like to cover the story ?

Nothing moves these people like bad PR .
 
Unfortunately gents a small claims court takes a long long time to get anywhere, even more so when the trader ignores requests to attend court etc (he doesn't have to). I'm unwilling to spend any more money on things such as delivering it back to him for fear I'd lose that as well. As soon as he contacts me (and I'm sure he will), I'll give him a deadline to collect the car, by which point I'll charge storage fees. He will find that the times I'm available to hand the vehicle over are incredibly unsociable, and may well be at times when collection proves the most expensive for him to organise. Ah well, nothing like being messed about is there
 

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