New Car - Incorrect Spec. What are my rights?

HarryKane9

Hello.

I ordered a new car to be factory built back in April and added on a fair few optional extras. I went to pick up the car this week and all seemed fine and was happy with the service from the dealer. However upon further driving of the car, I noticed one of the options pack was missing. This included Lane control, high beam assist and road sign display. I checked my original order form and it was listed and paid for. I know it's not a massive option, but did cost £550 and reason for getting it is that the lane control works well with the adaptive cruise control option that I have, and I also do alot of my driving at night so the high beam control would be very useful to me.

I got in contact with the dealer as soon as possible and notified them of the issue. They are currently looking into retrofitting it, however this seems very unlikely as there are physical components that need to be added to the car, not just a simple computer upgrade. I am waiting to hear back from them once they know about getting it fitted.

However in the meantime I wanted to get some advice on what my rights are. I've looked into the sale of goods act and it seems like I have gone through the right channels so far. I will probably follow up with an email to the dealer to get it all in writing. 1 of the big reasons of ordering a new car was to have the car exactly how I wanted it so ideally, if it can't get retrofitted, they would order a new car with the correct spec. However I know this will be expensive for the dealer and not something they will do lightly.

It looks like I am within my rights to refuse the car and send it back, but then I will be stuck without a car as I have sold my previous one already. If I decide to get a replacement, should the dealer be providing me with a courtesy car while I wait for the new one to arrive? (I had to wait 14 weeks for the current one to be built) Alternatively, if I decide to swallow it and stick with the car that has been ordered, what sort of compensation should I be looking for? The dealer will be losing alot of money if I send the car back to them.

Any help on this would be great, or if anyone else has had a similar experience, sharing what their outcome was would be amazing.

Many thanks.

LadyDee

It's the Consumer Rights Act now OP https://www.autotrader.co.uk/content/advice/how-does-the-consumer-rights-act-protect-you-when-you-buy-a-car

neilmcl

I'd wait to see if the optional parts can be fitted. If not you could reject the vehicle under your short-term right to reject as part of the CRA linked above.

If you'd rather keep the car then the most you'd be entitled to is the £550 you paid to have this pack installed. Not sure why you think you'd be entitled to compensation.

JamoLew

If you intend to reject the vehicle, you would be advised not to continue driving it as well.

shaun_from_Africa

JamoLew wrote: »

If you intend to reject the vehicle, you would be advised not to continue driving it as well.

I don't think that's necessary at the moment as the OP hasn't rejected the car yet.
They have up to 30 days from when they took possession of the vehicle to reject it and until this time, there is no reason why they can't continue using it especially as stopping using a car can be a major inconvenience for many people, not to mention the extra costs that may be involved by doing this.

macman

Your 'compo' will be your actual losses, which total £550. You might get an extra £50 for time and trouble if you ask, maybe a free tank of fuel or a nice bouquet of flowers.
If that does not meet your expectations, reject the vehicle in writing within 30 days.

MB69

Depends on what options are missing, you maybe surprised on how easy it is to retro fit them as more than likely most are just a code upgrade.

If you have adaptive cruise control, this means the laser/radar is already in place. So it might just be a code upgrade to enable the lane departure. Then they might have to replace the steering wheel with one with sensors in it and more than likely the harness is already there.

You need to keep contacting them. As has been mentioned, you only have 30 days to reject the car. After that , then you can't really reject it without incurring costs.

You have the invoice in writing, so that shows that it was agreed and paid for. So what you have at the moment is not what you paid for.

But £550 extras doesn't sound a lot to me. so will be surprised if they can't retro fit them.

DoaM

As per others ... unless a particular feature requires specific components that are significantly expensive then it is probable that the main infrastructure to provide the missing features is already in place. Thus it's most likely that the components to be added/replaced can easily be done (e.g. steering wheel) and a firmware/software upgrade will enable the features.

nyermen

If this is an Audi (those options are available exactly as described on an Audi is why I ask), then there are a few extra complications I think. Indeed if the cameras / lasers etc are already installed that is very useful. BUT - there are also elements such as the windscreen being a different type (which apparently is also specially calibrated).
I have ironic experience as a rock went through my A3's screen at the weekend and the company wanted to know if had those options as I had to take it to their centre if so (fortunately it didn't - it's a second hand ex-demo car). Because it didn't, they can come change it at my house.
Stick with the advice above about rejection etc. Obviously the £550 is the technical loss if not, but the garage won't want a rejection so are likely to be more generous in options (extra warranty? Extra free servicing? etc. It will depend on how important those missing features are to you).

giraffe69

Not sure why you think you'd be entitled to compensation.

If you order a specific car and have the paperwork for it and have paid for options then for the car to come without them is unacceptable. Of course you don't pay for the non existent part so toy are entitled as said to a refund of £550 but this does not make up for the fact that you have a brand new car at very significant cost which is not what you ordered. I think the garage have a duty to either fix it or provide a replacement i.e. you reject the car. If that takers some time and you are without a car then the garage ought to provide a courtesy car.
I can't see why anyone would expect less.

neilmcl

giraffe69 wrote: »

If you order a specific car and have the paperwork for it and have paid for options then for the car to come without them is unacceptable. Of course you don't pay for the non existent part so toy are entitled as said to a refund of £550 but this does not make up for the fact that you have a brand new car at very significant cost which is not what you ordered. I think the garage have a duty to either fix it or provide a replacement i.e. you reject the car. If that takers some time and you are without a car then the garage ought to provide a courtesy car.
I can't see why anyone would expect less.

Nobody is but the use of the word compensation usually implies the poster thinks they deserve more than what they are entitled to.