Hyundai Dealership - misrepresented terrible service, help please?

Parisian

Last week I test drove a 62 plate car at a Hyundai dealership. I asked the salesman specific questions about the car - he told me upon my questioning that the car had 1 previous private owner, had no previous services, had no repairs under warranty and had not been involved in any accidents requiring repairs (write off or other repairs of a lesser extent). The price we negotiated included the service that would be due (it is due every 1 year or 10,000 miles) as the car had done 10,350 miles.

The next day, I telephoned the salesman and he told me that it did not actually require a service as one had been done in May. He tried to gloss over it, and at this point seemed to be retracting the offer of the free service (not explicitly, but saying the car was ready to go as it didn't need a service as it had one in May).

I asked for my deposit back. I also stated there were other dealerships selling newer cars with less miles for cheaper prices (he had told me when selling that these were the best prices, I wouldn't find this car cheaper anywhere else, and to call him back if I found it cheaper anywhere else - and so I brought it up).

The salesman immediately jumped on the price part of the discussion and was very quick to assume that I had been shopping around. He said he'd speak to his Manager and call me back.

This resulted in a succession of unpleasant calls regarding both issues. The main issue for me is the withheld/misrepresented information. The jist of it is that the Manager said they didn't need to disclose the previous service, and it was of no consequence to me. He insisted that it was of benefit to me that the car had already had a service, and said he couldn't understand why I couldn't see that. He was quite difficult, and because I wouldn't agree with his point of view he got annoyed, saying we were going around in circles. He said he would retain my deposit if I didn't complete the transaction on Tuesday.

I asked him to clarify the mileage at the service in May. I was confused as to why a car registered in late February 2013 needed a service by May, if it only had 10,350 miles by November of the same year. What transpired is that it reached 10k miles in May where it had it's first service.
By withholding this information before the sale (whether purposeful or in error) and giving false information in it's place (that it had never had a service) - they took away my option of asking the questions I would ask if i had that information - why has the car driven very few miles since May? Has it been sitting somewhere undriven? I would recheck the previous owner history and try to understand the situation a bit more. I personally (my own choice, which I am entitled to) would not buy a car that has been idle for a few months, whether there is a warranty or not. This choice was taken away from me via omission/misrepresentation.
I also wanted to buy a car from Hyundai less than a year old in order to sign up to it's service plan (from first service which is cheaper than other options).

There are also a number of other concerns I have eg. I wanted to pay the deposit via credit card but the salesman processed the receipt with "paid by debit card" prior to payment, and said I had to pay by debit card for the deposit now as he had prepared the receipt in that way (without asking me first), and could pay by credit card for upto 1k of balance of the car if I wanted to. I went ahead with this in order to not cause a fuss (I will never let this happen again). This has taken away some of my protection too.

What are my rights here? What can I do about this?
The balance of the car payment is due on Tuesday, and they will retain my deposit if I don't complete the transaction on that day.
They told me prior to the sale that I had to pick it up on Tuesday as they wouldn't be able to have it ready/complete paperwork before that/until next week. They are now saying they have already taxed the vehicle in my name so I must complete the transaction (I raised the issue less than 24 hours after putting down the deposit).
The Manager was a very difficult man, and more interested in me completing the transaction even it meant I would be very unhappy with it (always a worrying sign in a Brand). Aren't they interested in maintaining good relations/brand reputation or it is all about sales?

Any advice would be very appreciated Apologies for the long post!

WellKnownSid

Parisian wrote: »

...he told me upon my questioning that the car had 1 previous private owner...

Parisian wrote: »

I was confused as to why a car registered in late February 2013 needed a service by May, if it only had 10,350 miles by November of the same year. What transpired is that it reached 10k miles in May where it had it's first service.

I would imagine the car was used for daily rental, hit the contracted mileage in May and was then hanging around until the car had reached six months old (end of October) when they were able to shift it on.

NinjaJ1

WellKnownSid wrote: »

I would imagine the car was used for daily rental, hit the contracted mileage in May and was then hanging around until the car had reached six months old (end of October) when they were able to shift it on.

I'd be inclined to agree with that.
Ask to see the V5 - check if it really was 'one private owner'.
Regardless, it doesn't sound like a very nice garage to buy a car from if they're being awkward before you've even bought it.
Re your deposit - you'd need to carefully check the smallprint on the order form.
If you can get it back, I'd be tempted to buy a car from elsewhere on principle.

daveyjp

It appears you have not been told the truth before a deposit was paid, this is misrepresentation and I would refuse to leave until the deposit was paid back.

The car is no doubt an ex Enterprise hire car, but you may have had a lucky escape, not because of Enterprise but because of the car you now won't have to endure.

Our Hyundai i20 was ex Enterprise which didn't bother us as it was tidy and well looked after and we were told it was ex hire before we bought it.

Unfortunately it was an absolute complete dogs dinner of a car to drive, we both hated it and we got rid after 6 months and just 2,000 miles.

vikingaero

Anything the salesman says should be treated as a complete and utter lie.

"Nice weather today."

Until you pop out and check assume he is lying.

Anything you get or clarify from the salesman should be listed in writing on the order/contract:

Salesman confirms the car is not owned by a rental company.
Salesman confirms the car has a full Hyundai Service History.
Salesman confims a free service will be provided if the car has not been serviced prior to sale.
Salesman confirms he is a lying schmuck.

I would have insisted on the documents being amended for payment by credit card if that was what you have wanted. Walk if necessary. It's possible to get a chargeback if you paid by Visa Debit Card under Visa International rules, but your bank will not initially be co-operative and may require escalation.

Don't call, visit in person, remain calm and speak in a loud voice if the showroom is busy.

Otherwise park a car outside telling the world what schmucks they are. People is glass palaces with £10,000 plate glass windows should be more careful - I know one dealer in Kent who had their windows repeatedly shot by an angry customer.

marlot

Have a google of "Consumer Protection from Unfair Trading Regulations 2008 (CPRs)". This is very clear on what a dealer should be telling you.

The test is whether a reasonable person would have proceeded on the basis of the information that they gave pre-contract.

photome

IMO you should be getting your deposit back.

what model was it (not that its important)

luvchocolate

also be aware ex lease cars cannot take advantage of the servicing deals available from Hyundai.
I bought an i10 ex enterprise reg in March this year...a bit disapointed
but never thought to check

gilbert_and_sullivan

As above never believe a sales person.

You should always check the V5 before agreeing to a deal (and verified its previous ownership yourself) and the service book too, though the service book may not have been stamped...the V5 if unavailable is a red flag warning that previous ownership is worth looking at...but remember most rental companies register their cars under different company names that wouldn't lead one to think of rental.

Seller can't have his cake and eat it here, either the service was done by Hyundai in which case it would be on their computer records, or was it done by a mobile fitter...this used to be regular with other rental companies seeing as the cars could be at any depot when a service was needed.

I'd want to see the proof of service too, either print out or book stamped.

Sounds like you have a battle here, i suspect you'll end up going legal to get your deposit back.

Stoke

They sound a particularly unpleasant garage. Don't be afraid to name and shame. As far as I'm concerned, they immediately failed by suggesting it didn't need a free service. That isn't how it works. If you were offered a free service, regardless of whether it needed, it should have been done.

The fact it's been sat around for 6 months shouldn't really be too much of a concern. If it's been started once a week or whatever it'll be fine, but the fact it's an ex-Enterprise car would worry me. Who knows who has been driving it.

I'd go in there and start kicking off.

colino

OP you seem to have been very compliant with the garage, but glossing over that, ask these direct questions. Who was the previous keeper, was it used for business and what type. If they say it was a business car, hire car, early return lease to a business, driving school or a part-time dodgem, get your deposit back because they failed to expressly tell you such.