Requested a brand new SUV , but ended up with a 2nd hand car I had never seen before

[Air]

Hello,
Quick summary to a complex lie


I went to a car dealerhip to buy a BRAND NEW SUV, I was told due to COVID the wait times was 13months, and I cannot place an order but can register my interest and would be alerted when my car is ready. We went back and forth for almost 2 months. Paper work and emails

Then lied to and sold a 2nd hand car (In both the verbal and email promise of my future car is on its way and happy to swap)




I had never seen the 2nd hand car, when I was accepted for finance. Reason, is simple

Post visitation to this dealership : I had bad credit and had finished paying off 33% APR on a zuto finance, and got approved a 2nd time for finance at 30%, (Prior my visit to the dealership). The dealership, (After I had sat down, test driven and then built my new car spec) ... I was then told, they would do me a favour (While I wait for my new car) as they wanted to test to see if I would be accepted on 6%, hence they used the cheapest car in their forecourt (Which I never saw, as it was a test with no impact to my credit file). And when I was accepted, they lied repeatedly to me, that if I took it on a 3 year contract, I can always swap when my brand new car arrives. A few days later, I was invited back and shown the car and did a test drive and then about 2 weeks later the quotation was generated. Which I now know is against the FCA customer's journey


this and many other lies can be seen on the email exchanges, Paperwork and SAR request etc All avenues to discuss or complain were vehemently rejected. By dealership and finance company


MY DESIRED OUTCOME - TRUTH BE TOLD: Even if I cant get any compensation, I think it would be in order to have a court judgement to prove I was misled and lied to, so I can report to the parent companies, as I find the whole practice completely unacceptable

Please advise

many thanks
E

[atticus]

When did this happen? Timeline please. The Covid pandemic was a few years ago.

[echat11]

If you have evidence, you may have a case for 'misrepresentation' under the Misrepresentation Act 1967.

Initially, I would lodge a complaint with CAB / Trading Standards.

[Air]

If you have evidence, you may have a case for 'misrepresentation' under the Misrepresentation Act 1967.

Initially, I would lodge a complaint with CAB / Trading Standards.

very sorry this is late, I did not get an email notification, and just randomly came back to see why I never got a response

When did this happen? Timeline please. The Covid pandemic was a few years ago.

I first visited the dealership Feb 2022 and signed the PCP in March 31st 2022. I have a detailed chronology of events, which I submitted to the Ombudsman, but they kept it for 19 months and then said I should have gone to the financial ombudsman, rather than motor

and yes, I have very detailed evidence.

I spoke to a solicitor, who said I should submit a SAR, which confirms everything I have been saying. Also when I lodged a complaint to the finacial company HQ, they and the dealership both denied, any request was made for a brand new car. But a number of errors

1. The emails clealry said, they were offering me a temp car, "AS WE DISCUSSED" until my brand new car arrives

2. My response, clealry states, if the finance agreement of 6% they were offering me would be carried over to the brand new car next year

3. My response clearly states, I did not like the small hatch they offered me and do they have a bigger car. And the sales rep responded, "Just remember its a short term agreement, and soon you would have your brand new car"

4. I then responded with so much excitment and gratitude


WORTHY OF NOTE: All of these evidence, they vehemently denied, even though its on paper and email and refused to talk to me

[echat11]

How did you pay the deposit?

Is the dealership, multi-site?

[Air]

How did you pay the deposit?

Is the dealership, multi-site?

Multi site ? yes, they have 4 dealerships



There was a twist here. AS no deposit was taken

STEP 1 - I was sent quotes for 2 new cars ( After days of back to back discussions)

STEP 2 - I test drove the new cars ( An SUV and a saloon ) and loved both, then chose to order the SUV

STEP 3 - I asked to place an order and we went back and forth over email. At this point I was assigned a sales rep, and after he took me through the VEHICLE OF INTEREST process, in which I designed the brand new car. They then asked how I intended to pay, so I showed them my finance approval from zuto ( A 3rd party) It was at this point, they stopped me ....

hence plot twist.


PLOT TWIST
1. I was then told 30% was too expensive, and if I chose a car in their forecourt, they would see if I woudl be approved for 6%, so I said use the cheapest u have, without seeing it.

2. No approval came through, so I went home. This was about 1pm

Before I went home, they said instead of spending funds on expensive repairs of my old car. I can be given the 2nd hand car, pending my new car

3. About 3.30pm same day, I was emailed saying CONGRATS YOU HAVE BEEN APPROVED and they could give me the 2nd hand car

4. I then emailed back, excited, but sayind I wasnt keen on the small hatch, and if they could give me a bigger car

5. He then emailed me back saying REMEMBER WHAT WE DISCUSSED, ITS A TEMP OPTION AND NEXT YEAR, YOU WILL BE DRIVING YOUR BRAND NEW CAR

6. I then emailed back, asking if the approval would carry over to the brand new car next year



So I went in and signed the PCP

7 months later, they asked me to pay for a service. It was at this point, they then denied I ever requested a brand new car and no such record is in their system, they denied all emails and print outs

[echat11]

How much was the car?

If you have strong evidence that they promised a brand new car once it was available, then you can make a claim through the Courts.

If it is over £10,000 then you risk paying their costs if you lose.

Have you lodge a complaint with the finance company?

It might be the case that the finance company is also accountable through the Courts.

You would start the claim by sending them a Letter Before Action giving them 14 days to respond, send it Recorded Delivery.

https://www.citizensadvice.org.uk/la...-court-action/

[Air]

How much was the car?

If you have strong evidence that they promised a brand new car once it was available, then you can make a claim through the Courts.

If it is over £10,000 then you risk paying their costs if you lose.

Have you lodge a complaint with the finance company?

It might be the case that the finance company is also accountable through the Courts.

You would start the claim by sending them a Letter Before Action giving them 14 days to respond, send it Recorded Delivery.

https://www.citizensadvice.org.uk/la...-court-action/

Car was £17,000, and £19,000 with the PCP total costs and finance. My desired car was £48,000 and yes, the gave me a letterhead, print out to confirm my pre-order, which they denied was from them and have I copies of the SAR and original emails we went back and forth



I have paid about £14,000 to date as, I have paid off the PCP and just paying the ballon payment. Yes I lodged a complaint to the finance company, who also denied I ever inquired about a brand new car, they said, the sales rep ( who I was assigned to, is a personal friend of mine) and we went to the parent website to register and print out a vehicle of interest, case closed. All other avenues to reconsider, especially when I pointed out errors where simply ignored and never replied to

A FEW QUESTION GOING FORWARD


1. I called my insurance company, who said I dont have insurance cover for legal expenses.

2. So If I go to a small claims, and win. Can I go further by sending the outcome to the parent company ? Apart from claiming £10,000 from them, what other ways of escalating it can |I do ? As I honestly want the parent company to know

Do i need a legal rep or represent myself and how do I go about getting one ?

3. If I was to go full scale legal what are the possible outcomes ?


Many questions, apologies


many thanks

[echat11]

1. I called my insurance company, who said I dont have insurance cover for legal expenses.

O.K.

2. So If I go to a small claims, and win. Can I go further by sending the outcome to the parent company ? Apart from claiming £10,000 from them, what other ways of escalating it can |I do ? As I honestly want the parent company to know

If you want the parent company to know, you can use social media 'responsibly', write a review, warn others, no doubt they will be in touch.
You could lodge a complaint with the FOS, see if they will investigate your case.

Do i need a legal rep or represent myself and how do I go about getting one ?

You can represent yourself.

3. If I was to go full scale legal what are the possible outcomes ?

If you have the evidence you might win, but ultimately the Judge / Courts will make a Judgement on your case.
(I can picture what you said has happened).

[Air]

1. I called my insurance company, who said I dont have insurance cover for legal expenses.

O.K.

2. So If I go to a small claims, and win. Can I go further by sending the outcome to the parent company ? Apart from claiming £10,000 from them, what other ways of escalating it can |I do ? As I honestly want the parent company to know

If you want the parent company to know, you can use social media 'responsibly', write a review, warn others, no doubt they will be in touch.
You could lodge a complaint with the FOS, see if they will investigate your case.

Do i need a legal rep or represent myself and how do I go about getting one ?

You can represent yourself.

3. If I was to go full scale legal what are the possible outcomes ?

If you have the evidence you might win, but ultimately the Judge / Courts will make a Judgement on your case.
(I can picture what you said has happened).

thank you, very much appreciated

I dont understand your last statement, when you said you can picture what happened ?


A few more clarifications please.

1. Could you kindly advise, what should be my desired outcome ?

Left to me, I would have demanded a maximum refund, as if it was the other way around, whereby I missed a direct debit or lied during the application process, I would have it on my experien record for 6 years

2. Does this forum have a board of solicitors ? as I would appreciate getting a legal rep to send the letter to both the dealership and finance company

3. Could I add in my desired outcome, a legal directive to alert the top level board of management of the deception that happened ? (AS I know this would scare both the dealership and FC )

4. Any other advice would be very much appreciated


many many thanks