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Dodgy Car Dealer

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  • Dodgy Car Dealer

    Hi I purchased an Audi car from a dealer and it became apparent within one day that there were significant issues and I rejected the car 21 days after purchase when further problems arose. It has taken some time due to the delaying tactics from the dealer who wanted me to prove my claims and dismissing the evidence when provided as inconclusive. I eventually paid to have full diagnostic testing done at a specialist Audi garage and the car requires a complete engine rebuild along with suspension and brake issues costs coming to nearly nine thousand pounds.
    I paid for a three month warranty and thought perhaps I would need to go down the repair route should any repairs be viable. Upon contacting the warranty company to find out why I hadn't received the Schedule I was told that, without my knowledge or consent, the dealer had cancelled the policy and received a refund, money which he still has. This in effect blocked any recourse I may have had for repair. He also retained the log book and I believe he would have taken the car back and resold it to another unsuspecting person (as he suggested I did)
    He repeatedly asked for the car back for him to carry out testing but I did not trust him as he would then have the car and my money.
    So I would not deliver the car back directly to him but offered to take it to a garage he nominated. He declined.
    He has repeatedly said he would refund my money if the issues were proven but he does not accept the specialist test results and he has now said he will not take the car back as it smells smoky and there are dog hairs in the boot. Totally irrelevant.
    I have taken the car off road and it is parked on my drive and completed a SORN but can anyone tell me, considering the time it is taking through the courts (50 weeks) whether I should return the car to him and/or insist he collects it now, prior to court action.
    I am conscious that the car may well degrade if left for a long time.
    As I am now on the verge of making a court claim any advice would be appreciated.
    Tags: None

  • #2
    Hi
    Welcome to LB
    You haven't mentioned a S75 claim so I take it you didn't pay a deposit by credit card or bought the car with finance
    My advice is not to return the car yourself to the dealer, but you should write stating the car is off road and ready for collection at an agreed convenient time.
    You should continue to insure the car, just in case and you could clean the inside of the car and hang an air freshener

    You exercised your short term right to reject the car under the Consumer Rights Act 2015 (provided you are a consumer and did not use the car for business)
    Before you start a court claim you will need to send the dealer a LBA. There is a downloadable template to reject a faulty car at which.co.uk

    Please keep the forum updated about your court claim and you are welcome to come back for further advice under this thread

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    • #3
      Thank you. We have done all the above and have today gone back to him with a final last ditch effort to avoid court. Either he takes the car back and carries out the repairs (I've been quoted approx. £9K. expect he could get it cheaper) OR arbitration but don't think he adheres to any Code of Practice or accepts my offer of a refund under the CRA of £7K leaving him the dishonestly aquired Warranty refund of £250. I have also said we will be charging storage/parking as this is off road on a relatives drive.

      Comment

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