Thread: Consumer Statutory rights regarding refunds

Please could anyone give me some advice about the following.

My friend purchased a VW Polo from a VW dealership in September 2008. Since then she has had nothing but problems with the vehicle in that it has had to go in for repairs with them on 6-7 occasions.

The most recent problem is that the hinge on the door has broken causing the wheel arch to catch on the door causing damage to the paint work and eventually the door has jammed. They have simply bent the hinge back and the car will now have to go back for further repair.

My friend has tried to sell the vehicle to another dealer and for the obvious reasons they would only buy it at a substantial deduction to what she bought it for at VW.

She really wants to get a full refund from VW as the car has been nothing but problems from pretty day one. They say that they can only provide a refund within the first 30 days.

Legally, do VW have any obligations to give her a refund and is there anything my friend can do to get this.

Any advice would be greatly appreciated

She really wants to get a full refund from VW as the car has been nothing but problems from pretty day one. They say that they can only provide a refund within the first 30 days.

This is hokey - they are obligated to give a full refund within a 'reasonable time'. What is a reasonable time is a question of fact....helpful huh?

After that you are entitled to a partial refund.

Honestjohn: Frequently Asked Questions gives some info, although i am not sure that it is as clear cut as HJ suggests. Generally though, a good start.

I'd suggest that she's lost her 'window' of appeal, unless she can get an 'expert witness' to state that the problems she experiences were of asuch a major nature either to render the car as unusable/unsafe, or that the firm did not do the work required to rectify the problems with any warranty they provided the buyer with.

Normally, these are finite - a duration of time, and with a purchase in September this is EIGHT months, and so far down the line, I'm not aware of any dealership providing anything over 3 or possibly six months (depending on price).

A 2nd hand car does NOT have to be 'perfect' (heck, neither do new caes!), but any faults if they are age related, then the dealer would not be liable if the appeared subsequently after the end of his warranty period.

I think you are probably right. A partial refund might be an option though, or a reduction in the contract price.

Either way, because of the likely amounts involved there the OP with have one helluva a battle on her hands.