Seller didn’t disclose repaired accident damage on used car
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
WHAT CAR? SAYS…
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