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Car Missold by Dealer - Refund offered - But options?

8 replies

metallica121 · 21/04/2023 21:50

Brief issue

Purchased an "Approved Used" car from a main dealer

The dealer mis-sold service history and warranty

Promised FSH but car has partial history with 6 years history missing.
Warranty is invalid as the condition for warranty needs car to have service done annually.

After threatening with legal action, they are offering a full refund. No apology or admission of mistake. Rather praising their ethos.

However I did not ask for a full refund. My offer was to refund some amount to reflect the true value as the car is not worth what I paid for - due to partial history and no warranty. In my proposals I have asked 20% of the price I paid as refund.

I do not ideally prefer to return the car as I like it and it does not have any issue and it will be hassle and additional expenses (parking permit, insurance etc) to get another car. Plus the time I will be without a car.

Is there any ground for me to take this to small claims court for a partial refund OR
will the court go against me suggesting that as the dealer offered full refund, I should have taken it?

I am still within the 30 day period and I made some payment with the credit card.

If the broad consensus is that I should take the offer for full refund, what other actions can I take so that car dealers do not get away with such outright lies which cause unnecessary trouble to customers.

Thanks

OP posts:
Badbudgeter · 21/04/2023 21:56

Personally I would take the refund. If you really want the car you can say you are happy to accept a refund or x% off. They have a choice of which remedy to offer you. Get your money back and leave a factual review.

metallica121 · 21/04/2023 22:09

Just to add - I am aware of the right to reject but I was ideally hoping to keep the car and get a certain % money from them which I feel I over paid due to mis-selling

However they are rejecting that and offering a full refund - makes sense from their perspective as they will sell the car at same price or higher to another customer.

OP posts:
LIZS · 21/04/2023 22:19

Take the refund. It may not have obvious issues now but might further down the line,

metallica121 · 22/04/2023 15:12

Thank you

OP posts:
DRS1970 · 22/04/2023 15:24

Just accept the refund and start afresh. You should be pleased they have offered that, let alone an apology. I would snap their hand off.

Mortimercat · 23/04/2023 14:54

There is no way you are going to win at small claims court when you have been offered a full refund. You are frankly taking the piss to want to keep the car and get 20% off the purchase price refunded to you because of a service history. Take the refund and move on with your life.

Radiodread · 24/04/2023 09:06

Id take the refund but I do not think you are taking the piss. At all. You bought a car under warranty. They lied, so the warranty is invalid. That is a big deal. It sucks though. Leave them bad reviews absolutely everywhere once the money is back in the bank.

metallica121 · 24/04/2023 10:14

many thanks for the suggestions

I have decided to take the refund.

It is inconvenient to again go through the process of finding another car and it is a shame that dealers can just get away inconveniencing people and not penalised for lying

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