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Brand new car purchased but older model received, advise please!

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  • Brand new car purchased but older model received, advise please!

    In May 2021, I ordered a brand new Toyota from a main dealer. I was due to collect the car on 10/6 and when at the dealer that day was advised the engine management light was on and the ECU needed replacing. I was provided with a courtesy car and then collected my new car on 15/6.

    On 17/6, I emailed the salesman to advise that the cruise control only incremented in 5mph intervals unlike the courtesy car that I had and also the demo that I had test driven (although the test drive was at another dealership).

    On 21/6, I again emailed the salesman to advise that the app for connected services was not working and I was missing features, such as the find my car locator, driving history and fuel percentage.

    On 27/6, the salesman replied to say he would look into it and they had raised a case with Toyota. I was subsequently asked to take my car to the dealer on 15/7 to have the head unit taken out as some numbers on the rear were required.

    On 14/7, Toyota Customer Service emailed me to say that the features I was missing were not available on the specification of model that I purchased. I knew that not to be the case as my neighbour opposite has the exact same spec car as mine (and is also a 21 plate) so I took screenshots of his app and provided those to Customer Services. He also confirmed his car incremented in 1mph intervals when in adaptive cruise mode whereas mine doesn't.

    Subsequently, I have ascertained from the VIN number that my car is actually a 2020 build (September 2020) and not a 2021 (although it was registered as new when I bought it) and that due to there being a specification change point around the time my car was originally built, my car is missing the data communications module (hence the missing app details), full speed assist (hence not going up in 1mph intervals), lane trace assist, advance vehicle alert system and particulate filter compliance. I was not made aware that the car I was buying wasn't the current model otherwise I wouldn't have bought it. None of these features can be retro fitted.

    I emailed the salesperson on 16/7 advising him that I have a vehicle that is not as described and asked what his dealership will be doing to remedy it. I have not yet received a reply.

    The car is on 36 month PCP, I put in a £4k deposit.

    Please would you advise what my rights are, and if I should wait for the dealer to respond (and how long to give them) or whether I need to also contact the finance company.
    Tags: None

  • #2
    Sorry, I seem to have posted this in the wrong forum!

    Comment


    • #3
      Do you want to reject this car?

      Consumer rights Act 2015 goods not as described

      Comment


      • #4
        Originally posted by ostell View Post
        Do you want to reject this car?

        Consumer rights Act 2015 goods not as described
        I'm really not sure. Unless they gave me a courtesy car pending a replacement, we don't have another car. Potentially, I might consider some other outcome but don't know what they might offer. I presume any disclaimers in their online site saying specification is subject to change without notice etc, is not lawful and would be deemed an unfair contract?

        Also, as I first contacted them regarding the app and cruise issues within a couple of days, does that class as being within 30 days?

        Comment


        • #5
          The car supplied was not the same as the car demonstrated. You can reject outside the 30 days. You complained inside the 30 days, clock stops until resolved.

          Comment


          • #6
            I've heard from the dealer. They have offered to replace the car but there are no like for like models in the system. They have asked if I would take a higher spec but that would cost me an extra £40 per month so I said no. What happens if they can't provide the exact same model?

            Comment


            • #7
              To an extent that is up to you.

              You can insist on a return of all you have paid, and they collect their vehicle,
              or you can agree to keep the vehicle but negotiate a price reduction
              or you could apply to the courts for an order for specific performance i.e. they obtain a car with the spec ordered
              (i find it difficult to believe that no such cars exist altho' they may not have access to them easily through their normal channels)
              Or they supply a car at higher spec at their cost.

              In other words play hard ball and push them

              Comment


              • #8
                Just to add an update, a replacement car is on its way to me from the factory.

                Comment


                • #9
                  Thanks for the update.
                  Presumably a replacement is what you agreed upon.

                  Comment


                  • #10
                    Just a small piece of further advice if possible, please. The replacement car is due to be ready next week. I would prefer it to be registered on 1st September on the new 71 plate but the dealer advises that it will be registered in August as a 21 (as a like for like replacement). Do I have to accept it registered in August? When I initially visited the dealer in May, I told them I wanted one in September but I agreed to take one (the one that is now being replaced) as it was available in two weeks. I have an email dated 28/5/21 that I sent to the dealer advising them of that.

                    Comment


                    • #11
                      You're pushing your luck as you are attempting to get a better deal from them

                      I would have thought though that good customer relations would persuade them to do this.

                      The could be on a monthly target

                      Comment

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