Dodgy Car Dealer

[Kayley]

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.

[Pezza54]

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

[Kayley]

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.

[Kayley]

Hi dealer and his solicitor (who seems to be as dodgy as the dealer!!) are still not willing to offer us a full refund despite us dealing with the two nefarious problems the dealer (smoking and dog hairs) had and constantly telling them we have done so.
The solicitor keeps telling me that the dealer has a right to the £1000 mileage deduction. Despite the fact we rejected the car within 30 days.
I offered him the opportunity to get the car repaired, go to mediation (which I believe the court may order anyway??) or settle the full amount. No reply.
Dealer then delayed by saying he was on holiday and we must agree to his terms by 20th December which I did not do.
I messaged both the dealer and solicitor before Christmas with a return offer of £6,750 (£250 below purchase price) and he could keep the dishonestly obtained £250 refund he kept when he cancelled the Warranty. So I would lose £500.
If he did not accept this and collect the car then court claim will be filed. Plus, I will return the car to the premises where purchased, his home and workshop, first week January. Not heard anything back yet.
Will probably need to get it shipped back as it is SORN and uninsured.
Is this the right route? Should I return the car or keep it on my drive for however long the case takes??
If I do return the car I shall keep the spare key and all the documents, including the log book as I believe he will resell the car.
Do I keep the log book in my name. (he kept the old log book only sending to to DVLA 2 weeks ago but I had already applied for one many weeks ago)
Advice at this point will be great please!

[Pezza54]

My advice in post 2 hasn't changed
If you return the car and keep the log book you could receive parking fines, traffic violations in the post

[des8]

Dodgy solicitor... (Legalsolutions4u?.. often used by motor trade)... name them as we have probably heard of them previously.

As Pezza54 stop faffing around and initiate that court claim.
Inform the dealer the vehicle is available for collection by prior arrangement and you want a full refund plus your costs
If the car is collected, ensure you detach the part of the logbook which you send to DVLA advising of change of keeper. Do not even think of allowing the dealer to do that!

The more you try and be nice and over reasonable the more they will try and take advantage of you.

[Kayley]

DES8 you are so right. The dealers messages have become nastier and very rambling. Neither he nor his solicitor (Lawgistics) are acknowledging anything I write. Form N1 will be written this weekend and the dealer/solicitor notified they have 14 days to collect the car.

[Kayley]

Hi I am getting rather overwhelmed trying to work my way through all the instructions and rules and I am just about to complete a N1 form to try and get my money back. Can I take this to my local Court for processing or does it need to be posted to Salford?
The vehicle is off road so not taxed or insured. I have given him 14 days to collect the vehicle otherwise I shall low load the vehicle back to him. OR should I reinstate the tax and insurance and drive it back? (I feel a little threatened by him as his messages have become rather nasty)
What about the V5?
Keep it in my name, transfer it (which in effect is 'selling' it back to him). I want to stay legal but also protect myself should he try and sell it or use it.
I understand that it could take a year before the hearing.
Help please!!!

[Pezza54]

Before you rush to post form N1 to Northampton don't forget you need to send the dealer a LBA, giving the dealer 14 days to reply
A letter to reject the car is not the same as a LBA
While you are waiting for the dealer's response you can prepare your PoC

Did you pay a deposit for the car by credit card?

[des8]

Post 4 mentions the possibility of a court claim, so I would not be too fussed about sending a LBA.
In any event the lack of an LBA comes at the end of a claim when then question of costs arises but isn't really applicable to small claims anyway where costs are very limited (unless unreasonable behaviour has occurred)

Your particulars of claim could read something like:


At the material time the defendant (D) was XYZ co ltd and the Claimant was a consumer.
On dd.mm.yy the claimant purchased a vehicle Make & model Reg No xx 00 abc from
D for £xxxxxxx
D was in breach of implied terms of contract as.
the goods were not fit for purpose, nor of satisfactory quality, and were misdescribed.
contrary to the Consumer Rights Act 2015
The defendant has declined to accept the notices of rejection
Accordingly the claimant claims
(a)the sum of £xxxx
(b) additional costs of £XX
(c)court costs
(d) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.


The N1A states: If the claim is for a sum of money then you must send it to the Civil National Business Centre, St Katharine’s House, 21–27 St Katharine’s Street, Northampton, NN1 2LH.
Why not use MCOL? easier than a paper form

I would not incur the expense of returning the vehicle as it would be an additional cost to try and recoup.
You only have to make it available for collection by the dealer.

Hand the V5 (first removing the section you must send to DVLA) to the dealer when vehicle collected.
Also take photos of vehicle (inside & out) prior to collection, and make a note of mileage.
Deductions for use are around 15p per mile (so where did that claim for £1000 come from!)

[Pezza54]

There shouldn't be any deductions from the refund
OP rejected the car within 30 days of delivery

Should OP state they are claiming a full refund of monies paid for the car under CRA Short term right to reject?

[des8]

There shouldn't be any deductions from the refund
OP rejected the car within 30 days of delivery

Correct, I was just wondering how that paragon of legal integrity (Lawgistics) managed to calculate a £1000 deduction.

[Kayley]

Big help. Thank you.