Undeclared Modifications Discovered

[Bbooth79619]

Hi,

I just wondered if I could get some further advice ? I've spoken with Zuto on the 25th June 2024 prior to going on holiday and the manager advised that they'd exhausted all options of contacting the dealership and so they'd arrange collection of the vehicle on the 11th, take it into their ownership and refund the advance to the finance company, effectively taking me out of the picture.

I've spoken with them again today on my return and they've advised that since we last spoke, they've sent a legal letter to the dealership and they've now advised that they'd accept the car back, arranged collection on the 12th July 2024 between 9am and 1pm, this would then be delivered to the dealership and they can inspect the vehicle before any funds are returned.

Can they just change resolution like this if we've agreed a resolution already ? I feel like my money should be returned in full. They've also advised me to put the full V5 in the car on collection and not to put it into anyone's name, is this correct too ? We also previously agreed on the 11th for collection, is it ok for them to just change that date without asking if I'm available ? I've had to make arrangements with work due to the change in date.

Any help appreciated,

Thanks,
Brad.

[Pezza54]

In my opinion you should let them pick up the car this Friday and see what happens about a refund
As I stated in a previous post the dealer misrepresented the car and you drove the car on the road illegally unaware that your insurance was invalid because of the increased bhp and remapping
You should keep a record along with receipts of expenditure caused by not having the car available, including any loss of income, and keep a diary note of inconvenience suffered
To claim damages you will probably have to make a court claim. Wait to see how much they refund you
You should read the contract terms and conditions. There is likely to be a clause that states the finance company will examine the returned car for undue damage before refunding

Take a copy/scan of the V5C before you return it

[Bbooth79619]

Thanks,

They collected the car today and I'm just waiting to hear back, however I've also noticed that on the sales invoice it says the below,

Purchaser Name: Mr/Mrs XXX

It seems that they made an error on the invoice too and never replaced the above with my name, does that affect anything ?

[Pezza54]

How much money was the sales invoice for?

[Bbooth79619]

It was for £7594,

Cheers.

[Pezza54]

It is more important that your name is correct on the contract with the finance company. Have you checked this?

Did you pay any money to the dealer?

[Bbooth79619]

Thank you, it is correct with the finance company, just not on the sales invoice.

No I didn't pay anything to the dealership directly, I've just checked and they no longer have a functioning website either, which makes me suspicious as apparently they've closed and opened many businesses prior.

I'm just a bit worried as what would happen if they close the business ? I'm assuming the broker would have to issue legal proceedings.

[Pezza54]

Not your problem. Count yourself fortunate you did not buy the car direct from the dealer. You would have been covered had you paid a small deposit to the dealer by credit card.

How much have you paid the finance company?

[Bbooth79619]

Thanks again, i've paid them in the region of £2750.

[Bbooth79619]

Hi,

Just thought I'd give an update on this, the dealer has made an offer and wants to deduct £3200 which I feel is excessive. We've asked for him to justify that as I feel given the circumstances, I should get my money back.

[Pezza54]

Has the dealer informed the finance company about the deduction they want on the refund?

[Bbooth79619]

Not that I'm aware of, the manager at the broker advised that the dealer submitted the offer to them and it was more than they'd expect.

Apparently the broker has to agree to the figure and if I've not paid enough then the broker/finance company would have to cover the shortfall, which I wasn't aware of.

[Bbooth79619]

Hi,

Just to update further, I've discussed it with the finance company today and they've advised that they've declined the dealers request for deductions as they were unreasonable, however they can't decline deductions for mileage and so they're deducting £2540 for mileage.

That means that out of everything I've paid, I'd only get in the region of £160 back, is small claims my only option here or should I go to the ombudsman first ?

[Pezza54]

The FOS as it is a free and quicker service. The finance company has refused your claim for a full refund under the Misrepresentation Act . The dealer misrepresented the car when he failed to notify you of modifications to the engine. The dealer was guilty of negligent non-disclosure of important info about the car that had you known at the time, you would not have bought it

[Pezza54]

The FOS. It is a free service and their final decision should be quicker than a court claim