Car not as advertised

mrelgrego

If I dont get anything back I'll be back onto consumer direct and he will be in trouble with the law. I dont want much, its more important to sort the car details for insurance.

vaio

mrelgrego wrote: »

The woman said it would be fair to claim part refund or compensation and if they refused then they could be done for mis description which is a criminal offense and im under no obligation to hand the car back.

Yep, they might get criminally done for mis-description but for that to stick you (or trading standards) would have to prove it was done knowingly and deliberately. If they bought it as a 110 from auction and the log book doesn’t say different then I can’t see trading standards even starting the case let alone the dealer being convicted.

The clearer easier way for you to enforce your rights is under Sale of Goods legislation where the options are…….

Undo the deal, you get a refund & old car back and dealer gets new car back. (You can also try for out of pocket expenses)

Or you get some compensation for the lesser value of what you have actually got, i.e. the difference in value between a 110 and a 130.

But, under SoG I think the only absolute is that both the buyer and the seller have the right to insist on a refund so anything else is, as I said above, a matter for negotiation between you and them.

You could try suing under ordinary contract law but I doubt you’d get anywhere particularly as they have offered a refund and the legal costs could get scary.

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

is a guide for traders but covers everything you need to know.

harveybobbles

We had this problem when we stocked our first ever 3 year old Passat 130SE. Y reg. Bought it from HSBC's auction site in Litchfield. Listed as a Tdi 130SE. Had it a few weeks in stock and then we sold it as a 130SE. Weeks when buy and the guy came back moaning cos he'd been to get a new key cut for it and his VW dealer told him it was the 100BHP version not a 130SE.

He then went to the Sales dept at his VW dealer and got a written quote for the OTR price difference from a 100 to a 130 and it was a few grand and this is what he wanted for compensation.

It wasn't until everyone, including the CAB told him that the most he can expect is the "2nd hand value difference" - which at the time turned out to be £475 according the CAP/Glasses.

We put this to HSBC and pointed put their error and they refunded us the £475, which when then refunded our customer.

Our customer kept his car. We kept the custoemer happy and HSBC learnt from their lessons.

vaio

harveybobbles wrote: »

We had this problem when we stocked our first ever 3 year old Passat 130SE. Y reg. Bought it from HSBC's auction site in Litchfield. Listed as a Tdi 130SE. Had it a few weeks in stock and then we sold it as a 130SE. Weeks when buy and the guy came back moaning cos he'd been to get a new key cut for it and his VW dealer told him it was the 100BHP version not a 130SE.

He then went to the Sales dept at his VW dealer and got a written quote for the OTR price difference from a 100 to a 130 and it was a few grand and this is what he wanted for compensation.

It wasn't until everyone, including the CAB told him that the most he can expect is the "2nd hand value difference" - which at the time turned out to be £475 according the CAP/Glasses.

We put this to HSBC and pointed put their error and they refunded us the £475, which when then refunded our customer.

Our customer kept his car. We kept the custoemer happy and HSBC learnt from their lessons.

Yep, sounds a reasonable outcome but you must also be able to understand the case where a punter specifically wanted a 130 and wouldn’t have considered buying a 110 in which case he should be able to get his money back?

mrelgrego

harveybobbles wrote: »

We had this problem when we stocked our first ever 3 year old Passat 130SE. Y reg. Bought it from HSBC's auction site in Litchfield. Listed as a Tdi 130SE. Had it a few weeks in stock and then we sold it as a 130SE. Weeks when buy and the guy came back moaning cos he'd been to get a new key cut for it and his VW dealer told him it was the 100BHP version not a 130SE.

He then went to the Sales dept at his VW dealer and got a written quote for the OTR price difference from a 100 to a 130 and it was a few grand and this is what he wanted for compensation.

It wasn't until everyone, including the CAB told him that the most he can expect is the "2nd hand value difference" - which at the time turned out to be £475 according the CAP/Glasses.

We put this to HSBC and pointed put their error and they refunded us the £475, which when then refunded our customer.

Our customer kept his car. We kept the custoemer happy and HSBC learnt from their lessons.

That outcome would suite me down to the ground. Just have to see what they come back with.

harveybobbles

Have a look on autotrader to see what the price difference es are or call into a garage and pass them a fiver to look in their Glasses/CAP books to see. Ask them if they'd write the prices down on headed paper perhaps? Then ask the garage you bought yours from for this difference, plus a bit extra for the inconvenience etc...

oscarward

vaio wrote: »

Yep, sounds a reasonable outcome but you must also be able to understand the case where a punter specifically wanted a 130 and wouldn’t have considered buying a 110 in which case he should be able to get his money back?

I bought an x-type estate from a jag main dealer, described as 2.2d. Signed the paperwork paid a deposit and was to collect it in a few days time. When I tried to get insurance was surprised to discover it was listed as a 2.0d. Big difference, 5 speed instead of 6 etc. The other branch had misdescribed it apparently.

The dealer was highly embarrased, and as I said I specifically wanted a 2.2 he said he would try and sort something out but no other cars suitable were on the sales database.

So.... they dug around and found a 2.2 slightly younger, slightly less miles and honoured the price we had agreed .

result all round.:beer:

harveybobbles

Thats a good result.

Best thing is to stay calm rather than goping in all guns blazing etc.

skiddlydiddly

If you're happy with the car then the best solution all round is what Harvey said.Get an idea of the difference in price form Autotrader and ask for that.No point causing unecessary aggro for you and the dealer.

mrelgrego

skiddlydiddly wrote: »

If you're happy with the car then the best solution all round is what Harvey said.Get an idea of the difference in price form Autotrader and ask for that.No point causing unecessary aggro for you and the dealer.

I have put my details into freecarcheck and it says its the 110 model! Im hoping to also get a print off from my mate at SEAT today to prove it too. The dvla said her screen only showed the same as the log book which does not mention the power. She said just send a letter and a copy of the SEAT proof, along with my log book and it will be changed on their records if they say have it down as 130.