Dealer misrepresented my car

chevvy_2

Hi
I have just discovered that the car I purchased on my retirement in 2005, is an imported model and as such is going to cost more to insure. Although I have a document from the dealer stating that the car is NOT an import, the manufacturer tells me that from the chassis number details, my car was actually manufactured for the Cyprus market and was imported into the UK from Cyprus. I am rather annoyed to hear this news some three years down the line. What can I do? Any reasonable advice appreciated.

Chevvy
Northumberland

dmg24

Why has it taken you three years to discover this?

hollydays

Think you need to contact consumer direct asap.

sarahg1969

It might be useful to contact the DVLA and ask them to confirm if the vehicle is an import.

moonrakerz

Hasn't it been insured since 2005 ?

maninthestreet

Wouldn't the speedo be calibrated in KM/hr and not MPH if the car was from Cyprus. Or does Cyprus still use Miles, just like they drive on the same side of the road as us?

pinkshoes

Chevvy, I think you need to explain a bit more.

Why did you buy a car and not insure (and thus didn't drive, one would presume...) it for 3 years?

Surely you would have had to get a quote for insurance when you first bought it, to firstly see how much it was going to be, and secondly to drive it away from the dealer?

maninthestreet

pinkshoes wrote: »

Chevvy, I think you need to explain a bit more.

Why did you buy a car and not insure (and thus didn't drive, one would presume...) it for 3 years?

Surely you would have had to get a quote for insurance when you first bought it, to firstly see how much it was going to be, and secondly to drive it away from the dealer?

It's possible it's been insured, in good faith, on the basis it wasn't an import, and now Chevvy has discovered it is an import, so has to fork out more for the insurance.

chevvy_2

pinkshoes wrote: »

Chevvy, I think you need to explain a bit more.

Why did you buy a car and not insure (and thus didn't drive, one would presume...) it for 3 years?

Surely you would have had to get a quote for insurance when you first bought it, to firstly see how much it was going to be, and secondly to drive it away from the dealer?

I did insure it in good faith assuming that what I had been told was true so insured it as a non imported car. I was just checking with Nissan on Monday 1st September 2008, to find out what version of the security system was fitted when I learned from Nissan that the car had been imported from Cyprus. Before Monday, I had no idea that it had been imported. I have since been in contact with Trading Standards who say I have a case against the retailer. I now need to get some form of recompense from them but what do I ask for? I am the loser whatever happens unless they replace the car with what it says on the delivery note/invoice. It says clearly here that the car is not an import but Nissan say it is. It is very strange that the dealer has not argued about it and simply asked what do you want? They are not a small outfit but a very large multi national. What should I reasonably ask for? I am unsure. I know that all I am entitled to under the sale of goods act 1979 is the difference in price between an import and a new car. I cannot even find the prices as the Terrano is no longer on the new car books. It is now only available second hand. Your considered advice is welcomed.

GiveItBack

What I'd do is find out the market rate for the Uk model, and the same for the import. That gives you a current valuation based on selling it now, and so a discrepancy between the two you've been given.

You also need to find out the difference in insuring the vehicle compared to the UK one, and get some considered estimates of what they will be for the long term - ie, how long you will be keeping the car, along with future value estimates for the vehicles.

Once you know which is more, the difference between selling now, or insuring it, and selling in future. Add on the time it has cost you, and claim for that.

The thing is that for as long as the company is secret, they'll want to keep it that way, whereas the Evening Chronicle, and any local dealer, would likely be happier if it became public. So what's it worth to the dealer to keep it secret?

Tozer

chevvy wrote: »

I did insure it in good faith assuming that what I had been told was true so insured it as a non imported car. I was just checking with Nissan on Monday 1st September 2008, to find out what version of the security system was fitted when I learned from Nissan that the car had been imported from Cyprus. Before Monday, I had no idea that it had been imported. I have since been in contact with Trading Standards who say I have a case against the retailer. I now need to get some form of recompense from them but what do I ask for? I am the loser whatever happens unless they replace the car with what it says on the delivery note/invoice. It says clearly here that the car is not an import but Nissan say it is. It is very strange that the dealer has not argued about it and simply asked what do you want? They are not a small outfit but a very large multi national. What should I reasonably ask for? I am unsure. I know that all I am entitled to under the sale of goods act 1979 is the difference in price between an import and a new car. I cannot even find the prices as the Terrano is no longer on the new car books. It is now only available second hand. Your considered advice is welcomed.

You have two areas of claim.

Section 13 SoGA requires products to comply with their description. However, it is unclear as to whether it was actually sold as a non-imported car or whether the position was silent on this.

You would also have a claim for misrepresentation. There are 3 kinds of misrep - innocent, negligent or fraudulent. Your claim would fall within one of the first 2. Your primary remedy would be recission (if negligent misrep) which means that you hand back the car and you get your money back. However, as so much time has passed, this may prove difficult as you have devalued the car by driving it and have had some benefit out of it.

Your claim would therefore be in damages. Your damages would be:

a) loss between value of imported car and your car at the time of the contract. This may be a little tricky to prove.

b) difference in what insurance would have cost for the non-imported car compared to imported car for a reasonable period (having regard to how long you are likely to own the car for).

c) interest on losses incurred so far.

Hope this helps.