New car delivered with wrong specification

Deanod

Hi Guys,
Hope this is the correct forum to post this on. I need some advice. Ordered a brand new vehicle some 5 months ago. I ordered a specific version that had the top specification included and I also added a number of additional features. I picked the car up last week and noticed straight away some of the standard specification I was expecting was not on the vehicle. Gutted is not the word. The dealer said he would take this up with the manufacturer and get back to me. The dealer has now finally got back. There is nothing they can do. The specification has changed at some point and the features are now additional. They cannot be fitted retrospectively. Apparantly I cannot simply just return the vehicle as I now legally own it. They offered some compensation but I do not want that I want the vehicle I ordered. I am currently awaiting a response from the manufacturer for their perspective. I have an email of the brochure from the dealer when I first ordered it stating the specification was included. I have the dealers recommended HP finance on the car that I intend to cancel in next few days and simply pay it off due to high APR and I also paid the deposit on my credit card which I think that may help in some way ( Section 75 ? ). If the dealer has effectively just washed their hands of the problem is the only option to get my credit card company involved. Thanks in advance for any replies.

shaun_from_Africa

Deanod wrote: »

There is nothing they can do. The specification has changed at some point and the features are now additional. They cannot be fitted retrospectively. Apparantly I cannot simply just return the vehicle as I now legally own it.

Utter bull****.

When buying any goods as a consumer, you do not take ownership of those goods until you have had a reasonable opportunity to inspect them to ensure that they conform to the contract. If they don't, you can legally reject them for a full refund.

What you should do now is to write to the dealer concerned and state that as the car is not what you ordered and that you pointed this out as soon as you went to collect it, you are rejecting the vehicle as is your legal right under section 35 of the Sale of goods act:

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract,

If possible, you should stop using the car until the matter is resolved.

You don't have to deal with the seller.
If you wish to, there is no reason why you can't go directly to your credit card issuer and raise a Section 75 claim. The card issuer has joint liability with the retailer so they are equally liable for the wrong specified car being supplied.

What are you entitled to?
If the goods do not conform to the contract, in other words are not of satisfactory quality, fit for purpose or as described, you are legally entitled to one of the following remedies:

A FULL REFUND
You are legally entitled to a full refund if you have not yet 'accepted' the goods. Acceptance takes place when:
•you inform the trader that you have accepted the goods
•you use the goods in a way which is 'inconsistent with the trader's ownership'. For example, if you have altered the goods in any way or customised them then you may have accepted them. For example taking up the hem on a pair of trousers
•You keep the goods for longer than a reasonable time without telling the trader that you have rejected them. You are entitled to a reasonable opportunity to examine the goods and this should take place within a reasonable time. The law does not give an explanation of what is 'reasonable time' and ultimately a court would make a decision based on the facts of each case. You should, therefore, contact the trader as soon as you find the fault as a delay may mean you lose your right to a refund.

http://www.tradingstandards.gov.uk/cgi-bin/brighton-hove/con1item.cgi?file=*adv0043-1011.txt

Paully232000

Deanod wrote: »

Hi Guys,
Hope this is the correct forum to post this on. I need some advice. Ordered a brand new vehicle some 5 months ago. I ordered a specific version that had the top specification included and I also added a number of additional features. I picked the car up last week and noticed straight away some of the standard specification I was expecting was not on the vehicle. Gutted is not the word. The dealer said he would take this up with the manufacturer and get back to me. The dealer has now finally got back. There is nothing they can do. The specification has changed at some point and the features are now additional. They cannot be fitted retrospectively. Apparantly I cannot simply just return the vehicle as I now legally own it. They offered some compensation but I do not want that I want the vehicle I ordered. I am currently awaiting a response from the manufacturer for their perspective. I have an email of the brochure from the dealer when I first ordered it stating the specification was included. I have the dealers recommended HP finance on the car that I intend to cancel in next few days and simply pay it off due to high APR and I also paid the deposit on my credit card which I think that may help in some way ( Section 75 ? ). If the dealer has effectively just washed their hands of the problem is the only option to get my credit card company involved. Thanks in advance for any replies.

What are the bits that are missing, I am sure someone would be able to say if this is true that they cannot be fitted after the fact.

shaun_from_Africa

Even if the car can have the missing bits added, this doesn't detract from the fact that it is currently not what was ordered and paid for,
Because of this, it can be rejected without having to allow any modifications to be carried out to bring it up to the expected specification.

Paully232000

shaun_from_Africa wrote: »

Even if the car can have the missing bits added, this doesn't detract from the fact that it is currently not what was ordered and paid for,
Because of this, it can be rejected without having to allow any modifications to be carried out to bring it up to the expected specification.

Yes true, but it it was just some relatively minor additions (or deletions in this case), then it may be easier and quicker than potentially another 5 months, to have them added and then OP has the car that they wanted.

Rappa

Deanod wrote: »

Hi Guys,
Hope this is the correct forum to post this on. I need some advice. Ordered a brand new vehicle some 5 months ago. I ordered a specific version that had the top specification included and I also added a number of additional features. I picked the car up last week and noticed straight away some of the standard specification I was expecting was not on the vehicle. Gutted is not the word. ...

So presumably you immediately informed the dealer, and failed to accept delivery of the vehicle that did not conform to contract.
Of course you wouldn't have paid for it either

No??? So you accepted the vehicle?

It's actually not that an uncommon occurance in the trade, but well done to you for spotting the wrong specification "straight away"

Any dealer would know how to resolve such an issue. Options include:
1. To supply a vehicle asap as ordered (usual resolution, but not in this case you suggest due to change in manufacturers specification - you need to check the contract on this as that is normally permitted as part of contract )
2. To pursuade customer to accept vehicle (with monetary correction, if appropriate)
3. To cancel contract (not usual)

Deanod

Thanks Guys. To add some additional info. Deposit was paid when I first ordered 5 months ago. HP agreement signed weekend before delivery of vehicle as instructed by dealer. He stated this was needed before we picked car up. As it is my first new car purchase I assumed this was standard practice. Probably very naive of me. Not sure. We inspected the vehicle on the forecourt later that week and pointed out the issue straight away. Again naïve but as my old car keys had been taken away I stupidly assumed that this issue could be resolved and that the items fitted retrospectively or a new car ordered. The dealer said he would speak to the manufacturer. again naively I drove the car home. The dealer is now blaming the manufacturer. The manufacturer is yet to respond. The missing equipment is rear electric windows , leather steering wheel and leather gear knob. These can now be added for £100 when ordered but on the brochure the dealer emailed me they came as standard on my version and I did state these were a requirement. The dealer has offered me £100 but I want the equipment I ordered. Afraid it is not possible to stop driving the car as I need it to get to work etc. The dealer has point blank told me that I cannot return the vehicle and have my old one back so that avenue is blocked. thanks again for all your replies. Gives me some food for thought.

bod1467

Leather steering wheel and gear knob are easy to rectify. It's the electric rear windows that may be more problematic ... it would require a lot of change to internal trim and door fittings, and would also depend on the wiring for the rear windows switches and motors already being in place as part of the loom.

unholyangel

Rappa wrote: »

So presumably you immediately informed the dealer, and failed to accept delivery of the vehicle that did not conform to contract.
Of course you wouldn't have paid for it either

No??? So you accepted the vehicle?

It's actually not that an uncommon occurance in the trade, but well done to you for spotting the wrong specification "straight away"

Any dealer would know how to resolve such an issue. Options include:
1. To supply a vehicle asap as ordered (usual resolution, but not in this case you suggest due to change in manufacturers specification - you need to check the contract on this as that is normally permitted as part of contract )
2. To pursuade customer to accept vehicle (with monetary correction, if appropriate)
3. To cancel contract (not usual)

Accepting delivery and accepting the goods under the sale of good act are two entirely different things

If goods don't conform at time of delivery and acceptance hasn't occurred....the consumer can insist on a refund rather than a repair/replacement/reduction of contract price.

InsideInsurance

Have you dug out your correspondence that says you want electric rear windows and leather gearstick/ steering wheel?

Whilst I can certainly understand that you may have wanted them I would find it a little unusual for someone to actually specify any standard fit items

philatio

The dealer has point blank told me that I cannot return the vehicle and have my old one back so that avenue is blocked

.. which is what all car dealers claim whenever there is a problem.

Tell them that the car is not what you ordered and you are rejecting it. And you will seek legal advice as your next step.

Although, in hindsight, you should never have driven it off the forecourt.