Advice Please

TimTracy

Hi all,

This is my first post so please be gentle with me.

I have just purchased a nearly new car from a national car supermarket. I identified a car online that was been advertised as a 2014 model vehicle and the attached caption stated that the vehicle did indeed have all the 'spec'. I wanted. (It was a range topping vehicle after-all)! The caption also boasted the saving against new price of the vehicle of 5000k+. As the car was just over 6 months old and had less than 4000 miles on the clock, I thought this is the car for me.

I applied for a call back from the website and within 24 hours someone talked me through the offer. I confirmed with the agent against their website and my own check list of what specification was on the vehicle. It was agreed by them that the vehicle did have have everything on as standard.
Sadly, there were no pictures of the vehicle on the website as yet but was assured they would be forthcoming when the vehicle arrived at their regional depot. I was required to secure the deal by way of a £300 returnable fee, if I were unhappy with the car when collecting.
Anyway, I did collect my 'new' car last Friday night after work but in my haste did not notice some spec. was missing, such as, that the radio fitted was not a DAB model as advertised and a confirmed selling point. I did not think to tune the radio when collecting, a point I now regret. It was only on the Saturday morning in the light of day that I could not find the DAB setting. I looked at the owner manual for advice and this is when it came to light that my new car was not as it should be. It now transpires that my new car is not a current model and is missing a number of 'enhancements' as listed in the new vehicle brochure. I have contacted the car supermarket to make them aware of this and they said they would look into the situation for me and get back to me in a few days after management had discussed the issue.

My question is, where do I stand legally, have they incorrectly sold me a product, or am I at fault for not physically checking on handover? Was I too hasty, I did not think to at the time to check every item as I had confirmed all the spec. with the agent on the phone and thought I was buying the current top of the range model. Help please, just in case they play hard ball when they eventually come back with a 'solution'. :(

unholyangel

Sale of goods act. You have a reasonable time to inspect the goods to ensure they conform to contract and you cannot lose this right by agreement, waiver or otherwise (as per sale of goods act).

This is providing it doesnt match statements made about it by the seller.

TimTracy

Hi unholyangel,

Thanks for the swift reply. On the website the car in the caption was a illustration only, not my car but was the current model, it was inferred that my car would be the same in every way, including the spec. e.g with a DAB radio as standard. The price advertised on their website was for a buying brand new car from a dealership and for the most current model, next to this was the price I would be required to pay from the supermarket, thus giving me a saving of 5k+. I have made an assumption, (I know making assumptions is naive but who hasn't). Don't get me wrong, so far the car is good but feel soured but not getting what I expected for the money.

TimTracy

A quick update, I have been offered a gesture of good will for their mistake of £200. No offer of a retro fit DAB or replacement vehicle with DAB radio. Please can anyone advise as to my next steps as I do not think this is fair compensation for this mis-selling saga?

wiogs

TimTracy wrote: »

A quick update, I have been offered a gesture of good will for their mistake of £200. No offer of a retro fit DAB or replacement vehicle with DAB radio. Please can anyone advise as to my next steps as I do not think this is fair compensation for this mis-selling saga?

If they have accepted the error and you are not happy with their offer then return the car for a full refund.

shaun_from_Africa

TimTracy wrote: »

I was required to secure the deal by way of a £300 returnable fee, if I were unhappy with the car when collecting

How did you pay this £300? and how did you pay the balance?

The method of payment can make a big difference as to your options should the retailer refuse to refund you if this is your wish.

[Deleted User]

I'd also suggest getting it checked by a mechanic as the vehicle could have been in an accident, or clocked and you might not see signs of this. There could also be other things you might not spot (signs of excessive engine wear) that a mechanic might spot.

You should have done this before paying any money whatsoever, whatever the Car Supermarket says about the car being checked (fell for this one myself .., never again.)

TimTracy

Hi Shaun from Africa,
Thanks for your input. For my own piece of mind I put the £300 deposit on a Credit Card, I then paid for the car fully on delivery,(did not entertain their finance offer). This paid the total amount as a bank transfer, less a further £300 which I paid on a Credit Card.
Apparently, car dealers don't like credit card payments as it costs them money! I am concerned as to asking my bank to step in at this stage as there may be some souring of relations with the car supermarket whilst we are still communicating. Plus It may damage future credit ratings, am I right?

TimTracy

Hi Deannatrois,
I got a Gold HPI check of the vehicle prior to sale, so hopefully that will be protection.

frugal_mike

Since you paid part of the fee on a Credit Card the Credit Card provider are jointly and severally liable to you for the contract (under Section 75 of the Consumer Credit Act). You can at any point approach them for any remedy that you are owed by the car supermarket. You don't need to give the car supermarket a chance to resolve it first if you don't want to, but the Section 75 rights aren't affected if you do. Section 75 doesn't give you a bad credit rating.

TimTracy

looks like I will invite my credit card company to the party to see what weight they can lend to this concern.
All I wanted was a good quality radio to listen to the cricket on! Is that too much to ask, on second thoughts, with a bad MW signal I might have heard that England were winning.