Seller didn’t dis­close re­paired ac­ci­dent dam­age on used car

What Car? - - Advice -

I bought a nearly new Volk­swa­gen Golf 1.6 TDI Blue­mo­tion S from the Mo­tor­point used car su­per­mar­ket in Glas­gow in May. I live in North­ern Ire­land, so I ar­ranged to have the car de­liv­ered to me from the seller in Scot­land by a car trans­port com­pany.

When the car ar­rived at the begin­ning of June, I dis­cov­ered that sub­stan­tial re­pairs had been car­ried out on it. I had not been told the car had been in­volved in an ac­ci­dent be­fore I bought it.when I told Mo­tor­point about the dam­age, I was asked to get an en­gi­neer to carry out a sur­vey on the car. I did this, and af­ter some time Mo­tor­point ac­cepted that the car had been dam­aged and agreed to ei­ther re­place it or re­fund me.

I chose an­other car from its web­site at the begin­ning of July and was told it would be avail­able in seven to 10 days. It’s now nearly a month later, and af­ter nu­mer­ous emails and calls, I still have no word about when this car will be avail­able for in­spec­tion and col­lec­tion.

Mo­tor­point has told me I will have to re­turn the Golf back to Glas­gow and col­lect the re­place­ment car, which I’m pre­pared to do, be­cause I just want to get all this sorted out.

How­ever, Mo­tor­point has been far from help­ful, and I’m not sure at this stage whether it will cover the full cost of my trav­el­ling. It hasn’t been in any way apolo­getic and doesn’t seem very in­ter­ested in help­ing to re­solve the mat­ter.

Three months have now passed and I’m think­ing that it might be best if I ask Mo­tor­point to col­lect the dam­aged car and give me a re­fund so I can buy a car else­where. Could you please ad­vise what I should do? Damien Teague


We ad­vised Damien that he was within his le­gal rights to change his mind and re­quest a full re­fund, be­cause he hadn’t been told that the car had been dam­aged and re­paired, de­spite deal­ers hav­ing a duty to tell buy­ers about any dam­age or faults prior to pur­chase.

Fail­ing to do so is con­sid­ered a mis­lead­ing omis­sion un­der the Con­sumer Pro­tec­tion From Un­fair Reg­u­la­tions Act 2008. It could also be in breach of the Con­sumer Rights Act 2015 if the car was de­scribed as in per­fect or pris­tine con­di­tion, be­cause the nec­es­sary re­pairs meant this would have been false.

Damien fol­lowed our ad­vice and re­ceived con­fir­ma­tion that he would get a full re­fund of the money he had paid for the Golf. He also asked Mo­tor­point to re­fund the money he’d had to pay out to have the car trans­ported.

Al­though it took a few more weeks and a num­ber of emails back and forth, Damien did get all of his money back and was then able to start the search for an­other car.

‘Mo­tor­point doesn’t seem very in­ter­ested in help­ing to re­solve the mat­ter’

Sell­ers are legally re­quired to in­form you of any faults or dam­age on the car be­fore you buy

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