28 August 2017 at 8:07 pm #118882
Hi guys, I am looking for some advice, my wife bought a VW Polo from a dealer in Brierley Hill, Dudley last week for £2,200. After driving round the corner there was some banging and rattling then a piece of one of the coil springs snapped off. We later found out that the battery was in very bad condition and also the fan wasn’t working causing the engine to overheat.
Looking at the Consumer Rights Act we believe that we are entitled to our money back. The car was advertised on eBay as in excellent working order, it had 12 months MOT with no advisories and looked perfect for what she wanted. The amount of corrosion on the coil springs would have been at least an advisory on the MOT so we are saying a) the car was not as described, b) it is not in satisfactory condition and c) it is not fit for purpose.
We want a full refund and have been trying to contact the dealer but they are avoiding our calls. We sent a letter recorded delivery but it is on its way back to us, we are presuming he refused to sign for it. As he is in Dudley and we are in Manchester we cannot just drive down to be fobbed off and the car is not roadworthy. It has been parked on our drive since getting it back to Manchester and we are currently paying for it to be taxed.
Does anyone have any ideas about what our next steps could be? No silly suggestion like go down and kick off please we want to know what the most effective suggestion would be. Thanks in advance guys
2 September 2017 at 12:06 pm #119351
Hi David. You will need to be certain that the vehicle is faulty, which on a used car is always a matter of debate. If the fault is easily repairable, then you won’t be able to reject the vehicle.
If the dealer is refusing to accept your rejection, your best course of action is to get legal assistance. Obviously that can be a costly process, so you will need to be sure that you have a solid case.
You can’t reject a vehicle on the basis of an MOT advisory, only an MOT fail.