As someone who used to work in Preston, I can assure you that Barkers is a very well known and respected business; many people still sometimes call it Cuerden Motors (Cuerden is an area to the south of the city).
Its location for many years on Manchester Road was very familiar to the townspeople.
The main VW dealership in the city is Fairways Preston, based on Blackpool Road, Ribbleton, Preston (tel.01772 702288), if you ever need to contact a VW outlet; it's Corkhills to the south in Southport and Liverpool.
Again, if you live further away, here's a full list of VW dealers:
www.findavolkswagen.co.uk/dealers/volkswagen_deale...l
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Hmm ... actually the car is an import which is not to the full UK specs. I am seriously thinking about just cancelling the order (and losing the deposit!!) as i would lose much more when the time comes to sell the car.
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the car is an import which is not to the full UK spec
Did you know that when you placed the deposit?
If you did then of course it's bye bye deposit if you back out. If you didn't and you want to back out then you might have a reasonable claim that the deposit was made on the implicit assumption that the car was a UK car and the fact that it was not should have been disclosed.
Best of luck whichever way you go. Do let us know what happens.
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Yes, I did realise that the car was imported, and it will have less than UK specs but was reassured that it conforms to UK standard (whatever that means). I did not realise the disastrous effect of buying non-UK spec cars on the resale value (hope someone can prove me wrong here but i doubt it) until I started researching it a few days ago. By then it was too late I had already placed the deposit over the phone.
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You were assured that the car "conforms to UK standard", yet it doesn't meet the normal UK specification. Just to clarify - were you told at the time that the car would have less than the normal specification, or did you find this out afterwards? In other words, were you told "It's an import, but it meets the UK standard"? It would be reasonable to take such a statement to mean that it has the same specification as a UK-sourced car and if that's what happened, I would say you'd been misled.
On the other hand, if you were told something like "It's an import, it won't have the same specification as a UK car, but it has the European Certificate of Type Approval and so meets the UK standard without you needing to organise a Single Vehicle Approval test", then I don't think you have much going for you. Perhaps you could talk the dealer into promising a reasonable trade-in valuation in a few years' time, on the basis that if he treats you decently now he'll benefit from your repeat business. Alternatively he may (at his discretion) agree to put the deposit towards a different car if you suggest it, but it would probably have to be a more profitable sale for him. Finally, what would it cost to get the car up to UK spec? If it's only something like getting an alarm or CD player fitted, then it's not too much of a problem to rectify.
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andymc
Vroom, vroom - mmm, doughnuts ...
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Compared to a UK-sourced car, it doesn't have:
1) alarm
2) rain sensor
3) automatic dimming rear mirror
and various bits and pieces that the salesperson said is too insignificant to notice.
Also found out today that the 2-year warranty has already started on 27 July 2004. The manual (which is in english) will substitute the term `GT TDi' with `Tdi Sport' which is apparently the German version of GT Tdi. The salesperson also went on to claim that the UK version of the manual will also state `Tdi sport' rather than GT Tdi, which I find difficult to believe.
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>>Compared to a UK-sourced car, it doesn't have:>>
The alarm is clearly a necessary requirement but my Bora also has the rain sensor and automatic dimming rear view mirror and they prove very useful.
I would seek to try and terminate the contract as you should have been made aware of the real differences between a UK and the specs of this vehicle.
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I beleive that you have a cooling off period because you ordered over the phone without visiting the the showroom. Act quickly though.
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Further to Big John's comment, could be worth having a thorough read of the Distant Selling Regulations:
www.dti.gov.uk/ccp/topics1/ecomm.htm
www.dti.gov.uk/ccp/topics1/guide/distsell.htm
Trading Standards' views:
tinyurl.com/69ddb
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Phoned and spoke to the manager of the dealership, obviously would not refund the deposit and maybe would charge me more for the deregistration. I quoted Trades Description Act and Distance Selling Regulation but he was not moved.
Phoned Distance Selling Regulation, cars could actually be covered by it so suggested that i phone trading standards.
Phoned local trading standard, the helpful guy on the other side of the phone told me quite honestly that i would not stand a chance of claiming my deposit back based on `verbal misrepresentation' alone. I mentioned Distance Selling Regulation and he said that he would look into it, but it would probably be Monday before a civil advisor can get back to me. He also said that the 7-day cooling period starts from the day of collection/delivery, does that mean that i need to physically collect it (and possibly pay the balance) before this regulation can be enforced?
Either way, the situation looks bleak, will probably lose the £500 and put it down to education.
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Not an expert view, but presuming you paid the deposit by credit card, is there a possibility you may also have some redress via the credit card company under the Consumer Credit Act? I think there is something about credit card companies being jointly liable if the purchase is over £100. It might hinge on whether the car was misrepresented under the Sale of Goods Act and possibly giving you another approach if the dealer keeps the £500.
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stupid me, paid via switch debit card. thanks for the suggestion anyway.
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Why not just accept the delivery and enjoy the car?
It sounds like you got it for a good price in any event.
H
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Time to get some advice backed up with documentation from your nearest CAB. Could also be worth a solicitor's letter, although the amount concerned could (I think) be recovered through Small Claims - it's certainly small enough.
Writing to the likes of What Car and Which may also help.
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andymc
Vroom, vroom - mmm, doughnuts ...
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rather than loose £500 why not get an alarm fitted ?? you can get top spec ones for £300 upwards
and living without a auto dipping mirror isnt the end of the world
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The 3 options that I have are:
1) accept that i have not been told the whole truth, buy the car and fit an alarm. would the trade-in price be much lower than a uk-sourced car, or is that overhyped?
2) terminate the contract and swallow the loss
3) trying to reclaim my deposit via legal means (?small claims, no experience whatsoever)
tough choices ...
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The CAB should be able to guide you through the small claims process, but also advise you whether or not you have a case. Only costs something like £50 to try it, which you get back if you win anyway.
I wouldn't consider options 1 or 2 if I knew that I was clearly in the right. If you have been misled, then accepting this effectively means you're accepting that someone is entitled to nick £500 off you. If you haven't been misled, then I'd suggest option 1.
Best of luck with it, please let us know what the outcome is.
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andymc
Vroom, vroom - mmm, doughnuts ...
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Using the Small Claims Court is simple and easy and those hearing the case, at least in my experience, take a fair and balanced view of the circumstances.
Providing you can present a sound case and evidence of what transpired, you should be awarded your deposit and court costs - however even just informing the dealership that you intend to take the matter to the SCC could well bring the desired result.
The cost to take out the action is far less than you might think, just £27; this is returned if and when you win the case.
All the information you require about the SCC can be found at:
www.compactlaw.co.uk/freeinfo/small_claims/smc.html
or
www.bbc.co.uk/crime/law/smallclaimscourt.shtml
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I think the main problem now lies in the evidence. besides my bank statement showing a payment of £500 to the dealership, it is just my word against the dealership, it was all conducted over the phone and i have not even signed any contract.
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