Garage says they don't have the money to refund my car?!

[dylan101]

Hi, just wondered if anyone has come across anything remotely like this or has any advice at all. I am going to call Trading Standards (well, the Citizens Advice bit that you have to call first, anyway) on Monday as in their infinite wisdom they are not open at weekends when people can easily contact them...) but in the meantime thought online might be worth a shot. I live in the UK and bought a car from an independant used car dealership a week ago, and as soon as I got it home noticed a coolant leak. Took it back the next day, and it has been in the garage since. I asked for a refund but they said they needed to wait for the report from the garage first before they knew if that would be possible. They eventually sent it to a VW specialist who has diagnosed the head gasket needs to be replaced. The garage said they will replace it and also replace the cambelt and I will have the car back in about 6 more days. I said that as it's a serious problem and the car was not fit for purpose when I bought it, I am no longer I interested, and just want a full refund. The garage responded that ordinarily they would be fine to do this, but they literally don't have the money. They said they bought two high value cars based on a promised interest, but the deal fell through. I asked when they would have the money then, and they said they don't know. They are going to call me on Monday. Throughout the conversation they were pushing me to accept the repaired car. I am at a complete loss as I was never expecting them to say they WOULD give the refund IF THEY COULD. I don't believe for a second that they don't have the money but don't know what to do! I am worried that if I aggressively continue to demand a refund, they will just still refuse, and may not even repair the car properly or replace the cambelt as a result (that was an optional extra replacement on top of the head gasket that they were going to 'throw in'). I guess the main problem is that I haven't yet been able to speak to Trading Standards, and there is NOTHING online which spells out CLEARLY what your rights ACTUALLY are. Everything says something along the lines of you are 'entitled' to a 'refund, repair or replacement'. Well does that mean that they can just do the repair, and don't have to give me a refund, even if I insist? No one I've spoken to has ever come across a garage trying to pull something like this. The best advice I've been given so far is to give them until Thursday to get the money together, then if they don't, take it further. Small claims court? Legal action? Will that work, how much will that likely cost, will my legal costs be paid for me if I win?! P.S. it's a 2002 Fabia with 90,000 on the clock. I have called the non-emergency police number for advice, but that basically amounted to 'speak to Trading Standards'. Any advice would be appreciated! Thanks

[charitynjw]

Re: Garage says they don't have the money to refund my car?!

Hi dylan101, & welcome to Legal Beagles.

This should be of use to you.

[enquirer]

Re: Garage says they don't have the money to refund my car?!

Are they operating as a limited company? If so, and you wanted to get heavy, you could threaten them with a Winding up Order.

[bluebottle]

Re: Garage says they don't have the money to refund my car?!

Hi Dylan,

Yep. This is a Trading Standards matter. The only time the police will get involved is if the car is stolen or cloned. Enquirer has given good, solid advice with regard to a Winding-Up Order. And I am sure Charity's advice will be just as solid when he remembers to post the link up. Lol! However, do not forget that the car you have bought is 2002, meaning it is 11 years-old. As the head gasket has blown, I feel you are wise to reject the vehicle. If the engine has overheated, you don't know what other damage is lurking within. Did the vehicle come with an MOT and, if so, what date is on it?

[mystery1]

Re: Garage says they don't have the money to refund my car?!

How did you pay ? If credit then use S75 cca.

M1