Car purchase - misrepresentation?

powerful_Rogue

unholyangel wrote: »

Its covered under unfair commercial practices/trading.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284442/oft1008.pdf



The reasoning behind these rules on prices is that if retailers claim something is "worth" a certain amount....it misleads consumers into thinking they're getting a better deal or even potentially misleads them into entering a contract that they wouldnt have entered into had they been provided the correct information.

Thats all well and good, however the example listed dosent seem to apply.

The car was on sale for 18K. The buyer loved the car and the spec. I cant see the reasoning behind getting upset that the previous selling price was incorrect.

Its no different to when I go shopping. Some items are offered as 50% off. All thats happened is that in a couple of remote stores they have increased the price for a few weeks to comply with law.

unholyangel

powerful_Rogue wrote: »

Thats all well and good, however the example listed dosent seem to apply.

The car was on sale for 18K. The buyer loved the car and the spec. I cant see the reasoning behind getting upset that the previous selling price was incorrect.

Its no different to when I go shopping. Some items are offered as 50% off. All thats happened is that in a couple of remote stores they have increased the price for a few weeks to comply with law.

Read the document I linked. Theres quite a few sections relevant to price.

And they have provided materially inaccurate information that has resulted in the OP either entering into a contract on less favourable terms or entering into the contract where they may not have done so if they were given the correct information.

JReacher1

If the RRP is just over £20k you could have probably got the same car new for just a few hundred quid more than you spent. You can usually knock a new car price below RRP (even a mini).

Master_Blaster

A new Mini Cooper D with chilli pack and metallic paint at £475 is £19,175 on their website. So at 18,000 for a pre registered demo that deal was not that good.

George_Michael

JReacher1 wrote: »

If the RRP is just over £20k you could have probably got the same car new for just a few hundred quid more than you spent. You can usually knock a new car price below RRP (even a mini).

Which is exactly the point being made.
The OP was lead to believe that they were paying over £18k for a car that was previously valued at £22k and if they were told the true original price, they might well have been willing to spend slightly more and get a new car.

Mr_Norrell

unholyangel wrote: »

Its covered under unfair commercial practices/trading.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284442/oft1008.pdf

The reasoning behind these rules on prices is that if retailers claim something is "worth" a certain amount....it misleads consumers into thinking they're getting a better deal or even potentially misleads them into entering a contract that they wouldnt have entered into had they been provided the correct information.

Quoting for relevance.

OP has entered into a business to consumer contract pursuant to Reg. 27(2)(A).

I think the trader has engaged in misleading selling pursuant to 27(A)(4).

Reg. 27(B)(1)(a) states anything under Regulation 5 is a misleading action.

Reg. 5(2)(a) states a misleading action is if "it contains false information and is therefore untruthful to any matters in relation to paragraph (4) or..."
Paragraph (4)(G): the price or the manner in which the price is calculated

I think this was a significant factor (saying the car cost was 22k, whereas it was actually 20k) in the OP entering the contract, pursuant to Reg. 27(A)(6).

Under Reg. 27(E), you have the right to unwind the contract if it is possible to undo the transaction. (I.E. Give the car back for the money)

Under the regulation 27(1)(E), you need to write and complain within 90 days or receiving the goods.

Reg. 27(K)(1) states you can enforce the rights to redress by bringing a claim under civil proceedings to enforce the right to unwind.

This post is illustrative only and shouldn't be taken as definitive legal advice, but I hope it helps put you on the right track.

Boobyjood

Thank you all for responding; some useful comments and advice there, particularly in the last post.

The issue I have is that I do believe I have a genuine cause for redress, but I do not particularly want the hassle of returning the car.

Would I be entitled to any form of compensation and if so, what would you advise that I do next? I'm not a confrontational type of person so I would prefer to reach an amicable solution without burning too many bridges with the dealership, after all I may need to return there for servicing.

Do you think I should write to the dealership in the first instance?

photome

I think Op has a point especially if the salesman mentioned a nearly £4000 saving.

Others have posted good links

Puttytat

It wasn't a Williams dealership by any chance, was it? I wouldn't trust them to tell me the time at the moment!

Boobyjood

Puttytat wrote: »

It wasn't a Williams dealership by any chance, was it? I wouldn't trust them to tell me the time at the moment!

No, it was Halliwell Jones. The staff at Williams in Liverpool were really helpful and not at all pushy but sadly didn't have the right car in stock.