can i win????

harveybobbles

mikey72 wrote: »

If the op has a print of the advert, that's the car she should have received. RAC legal advice is what she should be taking, not the opinions from here.
(if you haven't printed the ad, get a hard copy now)

which takes us back to what I said before about the internet and advertising. It's all a very grey area. If the ad was in the local paper or magazine then thne the OP would have a strong case, but not with internet advertising...

michellep45

but on auto trader you have to choose what you advertise the car as...the person placing the advert has to pick what they want in the advert from a drop down box so surely they have made the decision they what to advertise it as?

michellep45

will ring rac today and let you no

rca779

michellep45 wrote: »

will ring rac today and let you no

I think you mean "know"

terryya

I hope you get it sorted but if not at least you won't get stung like this again. I'm sure nearly everyone has been ripped off at one time or another for varying amounts. If I was you I'd certainly proceed but not get my hopes up. You could even offer the dealer the opportunity to pay the difference between the privilige and the model you have - (Dynamique?). It could well be cheaper than him paying for his solicitor and will show the court that you have tried to resolve the matter.

This is the CAB guide to small claims

Chippy_Minton_2

mikey72 wrote: »

If the op has a print of the advert, that's the car she should have received. RAC legal advice is what she should be taking, not the opinions from here.
(if you haven't printed the ad, get a hard copy now)

Autotrader wrote:

Liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude

Read their terms and conditions here.
This is what the OP will be up against without any paper work from the dealer with the model of the car being stated.

aqueoushumour01

some of the questions and comments on this thread to the OP are quite frankly idiotic:

1. should have checked it out and researched it - ok yes, but too late now
2. why didn't OP know what the extra features were if they specifically wanted a priviledge - OP obviously just wanted to treat themselves to a top spec car for personal satisfaction or perhaps for talk with the neighbours or for any other reason. Fair enough to assume they'd get a priviledge if it was sold as being one.
3. Is there proof - one idea OP is that when advertised on the internet, an add is often placed in the magazine as well. I wonder if you can get a copy of that from autotrader if you write to them. Surely if in the magazine it states it's a privilege, that helps.
4. Dealer's word against OP's - He could argue he told you about the 'mistake' in the ad and that you didn't mind. Difficult to prove IMO.
5. Statement that wouldn't buy from a small garage again - well, I've been shafted before from a small trader so I agree with you on this point. Some will be fine but once bitten twice shy.
6. I think you should expect to be reimbursed but realistically it's going to be difficult to prove. But, best to get some proper advice about it.

harveybobbles

not all cars advertised on the autotrader internet go into the magazine. Infact we puleld out og going in the mag as it was too expensive and not many people buy the mag these days. Apart from nerds who circle cars that they can't afford.

mikey72

Chippy_Minton wrote: »

Read their terms and conditions here.
This is what the OP will be up against without any paper work from the dealer with the model of the car being stated.

But you always roll over, and always advise to give up.
The op needs decent legal advice, the RAC is the best place, if she has a case, they'll help her. If she hasn't, nothing lost. Even small claims is a few pounds, compared to the cost of the car, it's next to nothing.

vaio

Chippy_Minton wrote: »

Read their terms and conditions here.
This is what the OP will be up against without any paper work from the dealer with the model of the car being stated.

The Autotrader t&c attempt to limit their liability to people who advertise with them.

It has no bearing on the OPs ability to rely on the advert as a valid description under SOG.

http://www.berr.gov.uk/files/file25486.pdf

is actually a guide for traders and covers most of what you need to know as a consumer, in this case particularly the bits about description on p7 and the public statement/advertising bit on p9

OP, assuming you have a print out of the advert I’d write formally rejecting it as it’s not as described and if they don’t play ball issue a small claim to recover your money and associated costs. Sounds to me like the dealer is just delaying things hoping you’ll give up