Dealership refusing to rectify damage I noticed

[Aeschylus]

I took a used car out for a test drive from a main dealer. I liked the car, slept on it, we agreed a deal over the phone the next day and I left a deposit (£250) car is costing £7495 so not cheap and is a 66 plate car

We went down one evening just to have a look as you do, and we noticed the front wing had been scuffed with scratches through the paint, I immediately emailed them and said I would expect them to fix this damage

My Wife is blaming me for no noticing scratches on test drive (but who really goes over a car with a fine tooth comb on a test drive?)

Got a email tonight saying they are not prepared to fix the damage, and I am to collect the car as agreed on Monday or forfeit my deposit?

Are they allowed to do that?

Edited by Aeschylus on Friday 10th August 20:50

Edited by dinosaur.mod on Friday 10th August 21:38

[Aeschylus]

I took a used car out for a test drive from a main dealer () I liked the car, slept on it, we agreed a deal over the phone the next day and I left a deposit (£250) car is costing £7495 so not cheap and is a 66 plate car

We went down one evening just to have a look as you do, and we noticed the front wing had been scuffed with scratches through the paint, I immediately emailed them and said I would expect them to fix this damage

My Wife is blaming me for no noticing scratches on test drive (but who really goes over a car with a fine tooth comb on a test drive?)

Got a email tonight saying they are not prepared to fix the damage, and I am to collect the car as agreed on Monday or forfeit my deposit?

Are they allowed to do that?

Edited by Aeschylus on Friday 10th August 20:50

ETA

No names please.

Edited by Big Al. on Friday 10th August 21:39

[lost in espace]

Did you pay on the premises or over the phone?

[anonymous-user]

Aeschylus said:

I took a used car out for a test drive from a main dealer () I liked the car, slept on it, we agreed a deal over the phone the next day and I left a deposit (£250) car is costing £7495 so not cheap and is a 68 plate car

We went down one evening just to have a look as you do, and we noticed the front wing had been scuffed with scratches through the paint, I immediately emailed them and said I would expect them to fix this damage

My Wife is blaming me for no noticing scratches on test drive (but who really goes over a car with a fine tooth comb on a test drive?)

Got a email tonight saying they are not prepared to fix the damage, and I am to collect the car as agreed on Monday or forfeit my deposit?

Are they allowed to do that?

68 reg ?

[Aeschylus]

lost in espace said:

Did you pay on the premises or over the phone?

I viewed in person, left, slept on it then called up by phone and did the deal and paid deposit over phone

[Aeschylus]

Grahamdub said:

68 reg ?

Sorry, fat thumbs...66 plate...just wanted to show I was not being unreasonable and it being a 10 year old car

[Butter Face]

Any pictures of the scuff?

[Aeschylus]

Butter Face said:

Any pictures of the scuff?

2 lots of damage one on front wing other on drivers door, like it has been opened into a wall




https://ibb.co/eizygU
https://ibb.co/fDB0vp

It won’t let me host them here as it says too large, and I have no idea how to resize on a ipad

[elanfan]

Distance Selling Regs apply then?

[Pistonheader101]

Ask them to return your deposit

[Fun Bus]

Aeschylus said:

(but who really goes over a car with a fine tooth comb on a test drive?)

Everyone.

[HTP99]

elanfan said:

Distance Selling Regs apply then?

Aeschylus said:

I viewed in person, left, slept on it then called up by phone and did the deal and paid deposit over phone

Distance selling regulations don't apply.

[Wacky Racer]

Is the damage really that bad, if you like everything else on the car?

Might only cost less than £200 fo fix, maybe they will go halves?

[steve-5snwi]

I'd be pushing for my deposit back, the bumper is a straight forward fix but the door is going to mean 2 panels being painted. You put the deposit down based on its condition, you would have noticed that when out on the test drive.

[Nickp82]

The answer to your question is yes, they are allowed to do that.
I don't think telling them you expect the damage to be fixed is the best approach, all it means for them is less profit in a deal that had already been agreed.
Maybe try a different tact, ask them if you choose another car can the deposit be transferred? thereby demonstrating you are serious about not taking the car. You may find they become a bit more serious about helping sort the damage on the original car.

[KungFuPanda]

I suppose from the dealer's point of view, you put a deposit down on the car in the state it was when you initially took it for a test drive scratches and all. You did a deal on the basis that the car would be taken as is.

[syl]

You might suggest it has happened since your test drive, thus you’ll no longer be buying it unless repaired. If you paid over the phone, perhaps it was on a credit card? Pretty easy to get them to do a chargeback if the dealer won’t refund you directly.

[Mexman]

They may or rather should (we certainly would) touch that in with a detailing paint nib when the car is finally re cleaned prior to handover.
Door edge touch ins are easy to do and hide the damage quite well if it's done artistically.
The other scuff again on that colour is an easy touch in and mop to improve it a hell of a lot.
You say it's a £7495 car, and is 'not cheap' how does that compare against the price of a new one or similar other used of the same model.
£7495 sounds cheap for any used 2 year old car, bearing in mind that the average new car is priced at around 18-20k, unless it is something small/cheap when new, but we don't have that information and I can't work out what type of car it is from those photos. (Nissan Micra) ?????
Unfortunately, 66 plate or not, it is still a used car with 2 years of use and wear.
Not happy with the above resolution?
Either find another car in better nick, or buy brand new so you don't have any wear or useage to worry about.
From the photos , that car paintwork looks unvaleted, not polished and unwaxed.
It may be an overage car in stock that has been reduced in price heavily and is now very attractive on price, but leaves the dealer no money left in the deal to get involved with paintwork bills.

Edited by Mexman on Saturday 11th August 02:00

Edited by Mexman on Saturday 11th August 02:02

[Deep Thought]

Aeschylus said:

Got a email tonight saying they are not prepared to fix the damage, and I am to collect the car as agreed on Monday or forfeit my deposit?

Are they allowed to do that?

Yes.

The time to negotiate on price / reparatory work was before you agreed the deal.