Terms of settlement agreement for rejection of vehicle

[zibber123]

Hello,

 

I purchased a vehicle a few months ago from an independent car dealership which has a fault.

 

I made the independent dealer aware of the issue and they instructed a garage to investigate. The garage could not diagnose the issue, however, the independent dealer later accused me of modifying the car which has caused the fault which is not true. They have presented no proof that I have modified the vehicle.

 

I was offered the following 3 options from the independent dealer to resolve the matter.

 

1.  Return the vehicle to me on the basis I have modified the vehicle

2.  Fix the issue and that I would be liable for any costs

3.  Full refund of the vehicle on the basis we "agree to disagree"

 

I denied all allegations that I had modified the vehicle and confirmed I would accept the full refund.

 

The reason for my post is because I received a settlement agreement to sign (in order to get the refund) which has some clauses I dont agree with regarding confidentiality/disclosure.

 

It states that I am not allowed to disclose the circumstances leading up to the agreement online. Please note I have not signed this agreement yet.

 

Is it fair that this is to be included in the settlement agreement?

Is it fair that I should be denied the right to make people aware of my experience in order to receive a refund?

 

Any advice on the above would be much appreciated.

Edited January 1, 2022 by dx100uk
Format

[dx100uk]

no you don't have to agree to  confidentiality/disclosure clauses.

 

how did you raise the issue under the consumer rights act ?

name the dealer too please.

 

 

[BankFodder]

It's outrageous that you should be blackmailed into signing a non-disclosure agreement.

Please start off by telling us the name of the dealer.   Then also please tell us the whole story including the timeline.

What is the car, mileage, age, how did you pay?

 

 

 

 

 

[BankFodder]

Here is another thread where a car dealer tried to impose conditions on the purchaser before they would make the refund. The conditions included removing any remarks from the internet.

 censorship plain and simple. Outrageous

 

 

 

 

[zibber123]

Hi Bank Fodder, dx100uk,

 

Thank you for your responses.

 

I'm reluctant to provide information regarding the dealer/car at this time due to fear of the reprecussions and with the value of the vehicle being high (over 40 thousand pounds). Payment was made via bank transfer. I want to be as vague as possible as you can appreciate I dont want to jeopardise me getting the refund. Once I have a better idea as to where I stand I'd be happy to provide a detailed account.

 

The timeline is as follows:

 

1. Car purchased a few months ago.

2. Approx 3 weeks ago made dealer aware of fault.

3. Was agreed the Car was to be handed to a main dealer for investigation. They weren't able to diagnose the fault. Was with main dealer for approx 1.5weeks

4. Main dealer wanted do carry out further investigations but independent seller who I purchased off did not authorise.

5. Independent garage collected car from main dealer and was taken to unknown location.

6. Chased seller for updates and location of car. No information provided for approx 1 week.

7. I then recieved an email which accused me of modifying the car and was presented with the 3 options I mentioned in my previous post.

8. I responded denying the allegations and confirmed I wanted a refund.

9. I then received a settlement agreement with a confidentiality clause which will prevent me from disclosing the circumstances leading up to the agreement online.

 

I hope the above gives a better picture as to what has happened.

 

I also wasn't quite sure what to put as the thread title, would it be possible to change this as it is quite confusing?

 

Thank you for your assitance.

 

[dx100uk]

falling for the oldest tricks in the book....

 

name them and SHAME THEM.

 

not sure how many people come here think it harms them.

 

and he has your car and your money too....reminds me of those USA carguro and vroom adverts.

 

no skin off our nose but you came here for help...

 

so, what consumer laws and regulations have you quoted to the seller in regard to your complaints?...none?

[zibber123]

At this moment I have not quoted any consumer laws and regulations in regard to my complaints. 

[dx100uk]

oppss...

 

 

[BankFodder]

What is the fault?

[BankFodder]

I asked a number of questions including details of the car, make model, mileage, price paid and also you have mentioned a "fault" but for some reason rather you haven't told us anything about that either.

I also asked you about the timeline of events and you haven't told us that either.

Is all this information part of the required settlement agreement? Or are you just being coy?

You've come to the right place for businesslike and assertive advice but if you don't help us by addressing the questions we put then there isn't much we can do.

 

[BankFodder]

I am revisiting this thread because having considered it for a while, I realise that the confidentiality agreement – nondisclosure agreement may be unenforceable.

In order to make any contractual agreement, you have to play something new on the table.

If you simply agree to do something which you are obliged to do anyway, then you haven't given anything extra in return for the promise which has been made to you.

So for instance, if the retailer sold you a vehicle which was in a defective condition so that they were obliged by law – in fact under the Consumer Rights Act to give you a refund, then if they promise to give you a refund in return for your promise not to tell anyone, they have brought nothing new to the mix.

They were obliged to give you the refund anyway and therefore there is no binding contract as to confidentiality or anything else.