Issues with an audi a7 bought from a garage on HP finance

[Liam12345]

Thanks, they are trying to sell my car its listed on their website. With the tyres theyre hardly used so think i could still get some money for them. What happens if the garage refuse to collect the car. Also payment was done via bank transfer so do i need to make sure they sendthis before the vehicle is taken?

[des8]

They need to return your part exchanged car (but you might need to collect it)
The refund has to be by bank transfer (at least simultaneously with collection of their car)
They collect their car, or arrange its collection at their cost. If they fail and if it is on your property (after you have your refund) deal with it as per the Torts (Interference with Goods) Act 1977.

[Liam12345]

Hi again, still no closer to getting my money back, the communication between the garage and finance company is scarce, the garage are being so slow with everything, having to go through their "director" whos never actually around so end up waiting days for replies, the finance company never contact me im constantly chasing them for updates. It has all been agreed that I can return the car and get a full refund however said they have done work on the car that i part exchanged and believe i will have to pay more to get that back as well! However ive spent £500 on the car ill be returning as well. Since ive sorned the car ive told them i cant drive it back up to manchester (2 hours away) so i believe its up to them to collect it as you said however os there a way round this, maybe i tax it for 6 months pay monthly then cancel when i get there?, i had nothing in writting to confirm the unwinding of the deal yet so abit anxious to take it to the garage without any written confirmation. Just wondering how i could speed things up as they seem to be taking a back seat and taking ages which is stressing me out now, thanks in advance.

[des8]

If your part exchanged car cannot be returned to you in the condition in which you left it they have to return the amount they allowed for it when you purchased the new vehicle.
If it has been agreed to accept your rejection they have two weeks in which to refund ALL your money (that includes the P/ex value).
If you have passed that date email the finance company giving them 48 hours in which to make a full refund.
If that date has not yet been passed remind them of it and remind them they are liable for the full purchase price (that includes the value of the P/Ex)
Tell them if they fail you will initiate an immediate court action which will incur further costs for them.


Tell the garage the car is ready for their collection at their cost and if they don't collect it within 14 days you will arrange for it to be uplifted and auctioned as per your rights under the Torts (Interference with Goods) Act 1977. The proceeds (less your costs) will be forwarded to them in due course.

[Liam12345]

I thought i would be getting the money refunded by the garage? Not the finance company? I bank transfered the garage £5000 however in 750 of that went on an extended warranty, so in the finance agreement tge figures are £4200 deposite and £800 part ex value, how will i get my warranty money back if its through the finance company?

[Liam12345]

£750**

[des8]

Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract by the retailer or trader.

This means they are liable for the whole lot!

I suggested it because the finance co. is more likely to be aware of the extra costs and want to avoid them, whereas dealers tend to be bigger a*******s.

You can simultaneously make a claim against the dealer (but only recover your money once!)

*

[Liam12345]

Hi again, still havent got my refund yet, the financy co. Sent a recovery for the car on friday the 14th the garage got the car on the monday. I still havent got my money (26th) theyre telling me theyre taking money out the deposit for usage over 1000 miles however i infotmed the garage the milage was wrong by 1000 miles in the first few days of owning the car and i have proof...can they charge mefor usageZ m

[Liam12345]

Hi again, still havent got my refund yet, the financy co. Sent a recovery for the car on friday the 14th the garage got the car on the monday. I still havent got my money (26th) theyre telling me theyre taking money out the deposit for usage over 1000 miles however i infotmed the garage the milage was wrong by 1000 miles in the first few days of owning the car and i have proof...can they charge mefor usageZ m

[Liam12345]

Also should i have been refunded by 14 days of them having the car?

[des8]

They can't make a deduction for usage if vehicle rejected within first thirty days.

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

Remind the finance company/dealer that there is in force the Consumer Rights Act 2015, and you will not hesitate to have recourse to the courts to enforce your rights