Mis-sold? Do I have any rights?

cjno1

neilmcl wrote: »

Then increase your monthly payments.

Sort of missing the point, but thanks for your input anyway

JimmyTheWig

cjno1 wrote: »

Well, I guess ideally I'd like to be able to do what I was told I could, and hand the car back after 3 years.

No-one can force them to allow that.
Given the choice between handing the car back right now and keeping it for 43 months, what would you do?

cjno1

JimmyTheWig wrote: »

No-one can force them to allow that.
Given the choice between handing the car back right now and keeping it for 43 months, what would you do?

I'd probably keep it for the 43 months, if those were the only two options, and live with my disappointment that it's 7 months longer than I thought when I signed up!

I get the feeling that the general concensus is "you should have checked it, live with it" which is fine and I pretty much agree with, I was just curious as to whether anyone thought I might have a case.

JimmyTheWig

cjno1 wrote: »

I'd probably keep it for the 43 months, if those were the only two options, and live with my disappointment that it's 7 months longer than I thought when I signed up!

I get the feeling that the general concensus is "you should have checked it, live with it" which is fine and I pretty much agree with, I was just curious as to whether anyone thought I might have a case.

If the salesman made a mistake then you have a case.

BUT...
... what you don't have a case for is to get what the salesman said you would get. What you have a case for is to be in the position that you would have been had the salesman not made a mistake.
So the best case scenario you could get by following it up with legal action is that you argue you wouldn't have signed up for the deal if he had told you it was 43 months and so you get the right to be back in that position. That's the best case. If you don't even want the best case to happen, then forget any legal rights that you have.

You do, however, have the right to complain and inform them that you are an unhappy customer. Be nice about it, though. Stress past custom (if you have any) and potential future custom. If they want to offer you a guesture of goodwill (e.g. a partial refund, free stuff that they sell, or a discount on your next car) then they are free to do so.

motorguy

cjno1 wrote: »

No I'm not looking for anything ridiculous, I'm happy with the car and my payments, etc. It's just that I've found out I need to keep it for another 7 months longer than I was led to believe, so I wondered if I had any right to complain (or if there was any point, given that it's just a verbal comment) and make them honour that.

Unless he gave you it in writing, its going to be your word against his, so you're fairly screwed on that.

Also, dont forget its the finance company that own the car, not the dealership, so you cant "force" the dealership to accept the car back after a certain timeframe as its not theirs and you return it to the finance company, not them.

The only thing i would say is, its probably around 3 years into a four year PCP that changing does become viable, in that you probably at that point will owe what the car is worth (whereas before that you'll usually owe more than the car is worth), even though you cant "hand it back" per se.

motorguy

JimmyTheWig wrote: »

If the salesman made a mistake then you have a case.

BUT...
... what you don't have a case for is to get what the salesman said you would get. What you have a case for is to be in the position that you would have been had the salesman not made a mistake.
So the best case scenario you could get by following it up with legal action is that you argue you wouldn't have signed up for the deal if he had told you it was 43 months and so you get the right to be back in that position. That's the best case. If you don't even want the best case to happen, then forget any legal rights that you have.

You do, however, have the right to complain and inform them that you are an unhappy customer. Be nice about it, though. Stress past custom (if you have any) and potential future custom. If they want to offer you a guesture of goodwill (e.g. a partial refund, free stuff that they sell, or a discount on your next car) then they are free to do so.

No way the salesman will ever have put this in writing, and by envoking Section 99 of the Consumer Credit Act and returning the car, you are using rights put in place to protect consumers who could no longer afford the car from high charges, NOT just because someone fancies a change.

I would say though after three years the O/P will owe what the car is worth, so theres probably a get out there at that point.

JimmyTheWig

motorguy wrote: »

No way the salesman will ever have put this in writing

I'm not saying that the OP would win, just that they have a case.
My point is that on the basis that they don't want what would be the best outcome from winning, there's no point in debating whether they would win or not...

cjno1

JimmyTheWig wrote: »

If the salesman made a mistake then you have a case.

BUT...
... what you don't have a case for is to get what the salesman said you would get. What you have a case for is to be in the position that you would have been had the salesman not made a mistake.
So the best case scenario you could get by following it up with legal action is that you argue you wouldn't have signed up for the deal if he had told you it was 43 months and so you get the right to be back in that position. That's the best case. If you don't even want the best case to happen, then forget any legal rights that you have.

You do, however, have the right to complain and inform them that you are an unhappy customer. Be nice about it, though. Stress past custom (if you have any) and potential future custom. If they want to offer you a guesture of goodwill (e.g. a partial refund, free stuff that they sell, or a discount on your next car) then they are free to do so.

Okay, that's a really helpful response. I'll put a complaint in and see what happens. Thanks!