Car purchased not as advertised

[Samhandwich]

Hi

I purchased a used car but it was from a large dealership in the south of England.

As I live a few hundred miles away from the garage we looked at the car description and photographs (already owning the same car within the family so knowing what we were getting) and agreed a price over the phone so we paid a deposit. The car description detailed what we know to be the standard features of the model and year of the car (including sat nav, Bluetooth etc). We were fully aware pictures may hide minor imperfections and took this risk.

My wider family collected the car for us (due to me being 9 months pregnant) and when they got the car to us we established some of the detailed features in the description were not present within the car (namely the computer system which links to the car basic info, provides the Bluetooth connection and also sat nav- this is in the form of a mini sat nav system so can be removed so we thought they'd obviously just forgot to put it back in the car).

We immediately contacted the garage to say that the feature had not been included as described. They said that the feature (as I say a standard feature of the car) was not there when they got it in a part exchange and secondly they'd not advertised it as having those features. Fortunately I have a copy of their advert from auto trader and read it out to them. Their response at 830am yesterday was "oh I will speak to manager and ring you straight back". Nothing all morning so I rang back at lunch time to be told salesman was with a client and would ring me back immediately- again nothing so I rang back and was put through to the manager. He asked me to email him a copy of the advert and he would look at it straight away and ring me back- again heard nothing for the rest of the day yesterday. Rang them again at lunch time today and was told the manager would ring me back but surprise surprise nothing!

Essentially we purchased the car for the model due to its specific features, we paid over £300 in transport costs to get there and get the car back and it's simply not as described. The garage were fully aware it was wider family collecting the car but that we were the purchasers but regardless the car isn't as described. They appear now to be avoiding us and we have spent in total all of yesterday and today trying to speak to someone about this but being avoided.

Advice about what to do would be really helpful

[Kati]

Re: Car purchased not as advertised

tagging [MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] xx

[des8]

Re: Car purchased not as advertised

Hi and welcome

What to do really depends on what you want.

If you are content with the car, you could negotiate a reduction in price to take account of the mis description.
Or you could reject the car, and claim a full refund.
The dealership would need to collect the car at their own expense. They should also refund your initial collection costs, (but you might need to make a court claim to get that!)

If you can tell us what you are looking for, we can help steer you through the procedure

[Samhandwich]

Re: Car purchased not as advertised

Hi given we need the car and I probably will be out of action for a few weeks after the birth of our baby this week it is much easier for us to keep the car but we essentially want the features identified. We have spoken to the car manufacturers direct (who were not the sellers) and they have given us a written quote of £320 to fit the navigation system which is the same as what was advertised. It's really difficult as we live on the Isle of Man but purchased the car in the UK so practically getting to and from the uk is hard (and expensive!).

If we could just have the system fitted (which can be fitted locally) that would be enough!

[des8]

Re: Car purchased not as advertised

So you will need to write (signed for) to the dealers (or read receipt if you use email)
Detail the purchase of the vehicle, and explain the vehicle was not as described as the navigation system was absent.
Explain (in case they don't know!) this gives you, the purchaser, certain rights under Consumer Rights Act 2015.(in particular sec 19)
Firstly you are able to reject the vehicle completely, and they would need to give you a full refund (including all your costs)
They would also have to pay for collecting the vehicle.
However you also have the right to a repair or replacement, or a price reduction.

As you have received a quote (include copy of it) for £320 to fit the missing systemyou are prepared to settle for a reduction of £???? to compensate.

Tell them you expect their agreement within 14 days of receipt, and failing that, because of their failure to return your earlier calls you will initiate court proceedings without further advice.
You also require all future contact to be in writing.

[Samhandwich]

Re: Car purchased not as advertised

Thanks will give it a go and let you know

[des8]

Re: Car purchased not as advertised

How did you pay for the vehicle?
If the dealer's response is unsatisfactory, you may be able to claim against the provider of credit if you used a credit card or purchased on hire purchase.

[Samhandwich]

Re: Car purchased not as advertised

Paid in cash from our debit card which in hindsight wasn't the right thing to do. After I posted my question yesterday but before you kindly helped with a way forward I rang them again and was put on hold for 12 mins then they cut off my call by hanging up. Tried to call back a number of times and each time my call was cancelled!! Their behaviour is atrocious.

[dogtired]

Re: Car purchased not as advertised

Correct me if I am wrong I thought you did have some sort of protection/ refund from Debit Cards.

[des8]

Re: Car purchased not as advertised

There is some protection if you used a debit card, but it is not as strong as the sec 75 right.

If you paid by debit card, and if the goods were misdescribed you can request the card issuer tries to claw back the money paid to the supplier, but you can't claim back the cost of fixin a faulty item
Your card issuer (your bank) has to request a repayment from the sellers bank.
If the money isn't in the account, or the merchant disputes your version, you are unlikely to be successful:tinysmile_cry_t:.