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Spares or Repair rip off by Used dealer

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My son went to inspect a car in a local used dealership on my behalf as I am overseas at present. I saw the car ( VW Golf estate auto diesel 2009) advertised in Autotrader, looked clean and well looked after by pics, only 2 owners and less than 100k miles , my son went to see the car , had a good look around and went for a road test after which I spoke on the phone to him. He told me of a rattle on idle which he thought was down to exhaust issue, but the car drove perfectly other than that, under bonnet looked good and no signs of leaks or coolant problems etc. Car had been cleaned obviously and presented for sale. We decided to go for it, left a small deposit while he went off to get cash as dealer insisted on pure cash deal as we agreed on a knock down price from 2999 to 2500, my lad notice also a sticky rear door lock mechanism so the dealer knocked another 50 off. On return an hour later my lad handed over the cash and asked the dealer could he deliver it to my house which was only 2 miles up the road save getting insurance/tax etc as the car wwas going to stand on the drive for 6 weeks until my return, the dealer agreed, handed over the sales receipt and duly delivered the car. My lad followed and after 30 mins or so started to try and track down the " rattly exhaust" . He subsequently spun the lock to inspect the exhaust more closely on the offside, he then noticed a small pool of oil collecting under the car, on inspection he saw a dripping leak from the gearbox. It looked serious so he immediately called the dealer and expected at least a half resonable response considering it was only an hour or so since he had dropped the car off, the guy more or less wanted nothing to do with it and pointed out the car was bought as seen , spare or repair, my lad checked the sales receipt again and sure enough the Dealer had wrote in the margins " Spares or Repair". My lad unfortunately did not check what he was signing for as he had been engrossed in the printed T & Cs and the rattle at the time. The car when advertised did not mention " spares or repair and at no time during road test , inspection or negotiations was it mentioned or any reference to any kind of possible major fault. After a heated discussion and various insults from the dealer owner my lad the next morning took the car back with a letter rejecting the car and requesting a refund. The owner wasnt there but one of his staff refused to accept the car, the letter or the keys so my lad dropped the letter on his desk, with the keys and left the car with them, took pictures of the car at the dealers premesis, the letter and keys on their desk. As we stand now weve given the dealer 14 dyas to refund the money , next stage will be trading standards then money claim online if he still refuses. My main concern with all this is if he dumps the car on the public road, will that make me as registered owner liable for tax impingement etc.

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then inform the DVLA it has been retunred to the dealer, assuming you had been given the V5 to send off in the first place.

Dealers cant say that something is "spares or repair", that is not the business they are in unless thye are a scrap yard and licenced as such. Trading standards wont get you money bakc, it will be a county court claim. TS will possibly prosecute the dealr if they have nough evidnec that this isnt an error or one off.

No-one pays 2500 for a scrap car so there is a certain expectation from the price. If it was £500 it may be arguable, £200 likely to be a scrapper.

By paying cash they have made it harder to get the money back

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The only glimmer of hope you have is that the car was not advertised as "Spares or Repair". The other factor which may help is how did dealer deliver the car----was it driven or put on a transporter???

The rules for an S or P sales are clear. The car should be advertised as such and it Must be transported away. I rather think if dealer drove car to your home he committed an offence by taking an unroadworthy car on a public road.

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The dealer drove the car and delivered to the house, also he allowed my son with himself to road test the car which if "unroadworthy" he is not allowed to do. I will see if TS convinces him that we mean business if not will raise a small claim online, assuming I get judgement if he doesnt pay up within the time stipulated by the court I will give him another week and then send an intention to wind up notice, which previously I have found much more effective than Bailiffs etc when dealing with companies.

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Just hope he's not given paperwork under a ltd company name, otherwise he can just close it and open next day under a different name.

If he hasn't specifically put the ltd in the paperwork but just a name, you can go after the owner and their assets.

Good luck

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