Ordered new car - wrong colour provided!

don9999

Was that a 5008 too Sheramber?

Electric Memory Seats doesn't 'sound' very important, but 'I' agree that it can be!

We have it on our other car - an SMax. So when either of us opens the car, the seat and side mirrors automatically move to the correct position. Is brilliant. Is annoying using our second car which doesn't have it - I even struggle to get in the car as the wife has the seat much further forward :-(

With the 5008, only the very top of the range has memory seats which are connected to the Car Opening mechanism. We have purchased the next model down - it DOES have memory seats but you have to press a button once sat in the seat to move it - not perfect, but not far off :-)

Glad you were able to request a new car. I believe I can too, but don't really want to wait another 7-8 months for it :-(

unholyangel

OP that link you posted (from carwow) seems to indicate the darker colour will appeal to more people/the lighter colour is on the cheaper models and also that the dirt is easier to see on the lighter colour.

If the garage aren't agreeing to your request, you could always try calling their bluff and telling them you want your money back. Personally, I would use the refund option as leverage over the replacement option because with a refund, they've lost all possible commission/profit from you and are left with a car losing value & taking up space.

Sometimes, you need to be prepared to walk away to get the best deal

DoaM

IF you decide to go that route then you must stop using the car now! Continued usage of the car could be seen as (partial) acceptance and you'd not be entitled to a full refund.

don9999

Thanks for additional feedback :-)

Be assured, I am NOT using the new car yet! It is sitting on my driveway whilst we decide what to do - I understand that I should not be using it until we have determined whether I am keeping it or not. (We still have two cars as I haven't sold my old one yet.)

I will be talking with Sales Manager today to reach a conclusion.

I appreciate that walking away and requesting a full refund IS an option, but that would severely impact me - to purchase an equivalent car would cost almost £3k more today.
So the options are really - keep the car with the wrong colour, or request a replacement and wait 7-8 months :-(

unholyangel

DoaM wrote: »

IF you decide to go that route then you must stop using the car now! Continued usage of the car could be seen as (partial) acceptance and you'd not be entitled to a full refund.

While I agree it makes it more straightforward if people don't use the car, remember acceptance is no longer a thing (and even when it was, it would just mean you wouldn't be able to insist on a refund and instead would have to accept a repair/replacement) and the party not in breach shouldn't be left worse off due to the breach.

Their right to reduce a refund also doesn't apply to the short term right to reject, only the final right.

don9999

Interesting unholyangel.......the bit I can't work out is the one about 'the party not in breach shouldn't be left worse off due to the breach'.

Does 'worse off' ONLY mean in 'cash' terms.

In my situation, my options are:
* get a replacement - where I have to wait a minimum of 7-8 months
* accept the current car with the wrong colour - personal disatisfaction etc....

Neither necessarily involve me being financially worse off, but I still feel severely inconvenienced with either option.... :-(

DoaM

Devil woman was responding to my "don't use the car or they may reduce your refund" comment. In the latest Consumer Rights regs the seller (the "party in breach" in this case) may not be able to reduce the refund; personally I wouldn't want that battle.

It's all moot anyway as you've confirmed you're not using it yet.

But to answer your question - in a consumer transaction it all does boil down to money in the end. It's possible that the dealer could insist on providing a refund rather than a replacement.

don9999

OK, resolved. Cash compensation + service plan. Minimised his further losses, and gives me some compensation.

Question on a point of law though.... (too late to be practical, but I'd still like to know)....

He claimed that I did 'not' have the right to a 'replacement' as such - he would have to cancel the contract (financing etc..) and re-order, but at the higher cost - so would cost me at least £3k more.

I had 'assumed' that since the original car was NOT supplied as contracted, it was the garage's responsibility (if I requested) to replace it to my original requirements at NO extra cost to myself!

As I say, is a moot point in this case now, as I have accepted the car anyway.

daydotz

It's there error most dealers would order a replacement at no extra tbh sounds like they being alkward I'd made them order a replacement for their attitude

don9999

If I didn't have to wait 7-8 months minimum, I would have called all their bluffs....


(As I said earlier, they didn't even tell me about the wrong colour when they received it at their garage, OR when they delivered it! I assume they would hope I'd just accept it without comment. Not great service!)