Dealer witheld info, major damage to electrics-wont refund me

Linna

New Member
Mar 28, 2011
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Hi there

So I've eventually been caught by car dealers! I purchased a BMW 325i SE Conv @ £19000. Dealer witheld info of repairs to body which could've influenced my decision to purchase the vehicle. I've had the car since 17th March 2011 and on Sat the car just wouldn't start. Upon calling the dealers, they said it must be the battery. I went to Kwik Fit, and upon removing the battery, it came to light that the battery had been damaged, leaking acid all over, damaged the interior as well as the wiring, so the electrics have now gone. I immediately said i want a full refund based on distance selling regulation 2000, but the OFT says I made final payment on their premises even though I found the car on internet and made payment for holding deposit over the phone. They are obviously not willing to refund me and said they will repair everything. I feel I was mislead into purchasing the vehicle as I did ask if the car was reliable and they unhesitatingly said it's a lovely car.

Where does this leave me and what can I do? Thanks in advance.
 

T.C

New Member
Jan 5, 2011
29
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0
On the face of it, it sounds like the vehicle was misrepresented as part of the sales patter, and under the sale of goods act it must be fit for purpose. If the vehicle has had starting problems and there is damage caused by a leaking battery, then you may well have a claim against the dealer.

You need to speak to a local solicitor who specialises in commercial litigation. Go armed with all the information you can and they will usually provide you with a free 30 minute consultation to determine whether you have a good claim or not.

If they were to take your claim on, then your solicitor will recover their fees and costs from the other side.