Consumer rights buying a car through Motorfinity and over the phone

zaza14

Hiya,

Brother works with the NHS and has gone through Motorfinity to purchase a new car with Mercedes Benz.

Motorfinity found a car for him, and described the specs over the phone, and sent the brochure, and accordingly, an order was placed for the vehicle with Mercedes. Furthermore, the specs of the car weren't exactly put on the order form that we signed e.g. whether there were heated seats, whether there was a sunroof etc, but these were some of the things we had enquired about, amongst other features, and thus placed the order for a 2019 premium plus Mercedes.

The car was delivered on 28/06/19, at the work address. Upon taking it home, we realised, the vehicle lacked features that we were told would be in the vehicle, and features we read in the brochure too e.g. did not have foldable rear seats, did not have wireless charging etc and thus seemed to not be the vehicle we were under the impression we had placed an order for.

On 01/07/19, the next working day, we immediately called Mercedes asking what model had been delivered, as certain features we know are present in the 2019 model, were not in this car, and we were told that this was a pre-December 2018 model that was delivered, and that they were not told by Motorfinity the specs that we wanted in the car.

To cut the long story short, Motorfinity stated that they're not really involved in this, as our contract is with Mercedes, even though we purchased the car on the information we were given by Motorfinity, and through using them to liaise the NHS discount, and Mercedes have turned around to say we can cancel the contract and have the car picked up, but the finance agreement can't be cancelled, and thus we're still in a contract and liable to pay for the 48 months.

I mentioned distance selling to Mercedes and they've said no that doesn't apply with the finance agreement.

Meantime, we haven't been using the car, and I'm paying insurance for this vehicle too. What on earth are we meant to do!? We don't want to be in a 48month contract for a vehicle that actually was not as described to us.

DoaM

What does his paperwork say about who the contract is with?

IMHO, MB have seen this as an opportunity to offload old (but unregistered) stock.

Rainbowgirl84

Who is the 'we'?

a.turner

So brother bought the car discounted through work. OP has insured the car and then there's we suggestion something is joint.

Your brother hasn't got an NHS deal for you to use has he?

If MB are taking the car back then what are you paying? Just cancel the finance.

neilmcl

zaza14 wrote: »

Mercedes have turned around to say we can cancel the contract and have the car picked up, but the finance agreement can't be cancelled, and thus we're still in a contract and liable to pay for the 48 months.

I doubt this is correct. If the finance agreement is covered by the Consumer Credit Act then you have a statutory 14 day cooling off period and therefore can cancel the finance without penalty, should you so wish.

zaza14

Also, now been told we can cancel, but if we do, we still are under the 48month PCP finance obligation, as that's not something that can be cancelled/withdrawn

neilmcl

zaza14 wrote: »

Also, now been told we can cancel, but if we do, we still are under the 48month PCP finance obligation, as that's not something that can be cancelled/withdrawn

Wrong, read my post above. You have 14 days to cancel the PCP agreement.

zaza14

Just an NB

Whether the discount is for myself or my brother, it doesn't actually matter, as the discount is available to immediate family members.

My brother and I live together, so it's collectively our car, that we both will be paying towards, using and driving the vehicle. This agreement is under my name (the sister), however, the semantics of this aren't actually of importance, as we haven't done anything against what we were told was allowed.

neilmcl

zaza14 wrote: »

Just an NB

Whether the discount is for myself or my brother, it doesn't actually matter, as the discount is available to immediate family members.

My brother and I live together, so it's collectively our car, that we both will be paying towards, using and driving the vehicle. This agreement is under my name (the sister), however, the semantics of this aren't actually of importance, as we haven't done anything against what we were told was allowed.

Actually it's not, the car belongs to the finance company with which you have sole responsibility to as your name is on the agreement. The "semantics" are very much important with this.

zaza14

My brother is in clinic 9-6, so he would never be able to discuss or query things with the car or finance agreement, which is why it was best to have the agreement on my name, because he doesn't have the capability of talking during working hours, whereas I do.

neilmcl

zaza14 wrote: »

My brother is in clinic 9-6, so he would never be able to discuss or query things with the car or finance agreement, which is why it was best to have the agreement on my name, because he doesn't have the capability of talking during working hours, whereas I do.

You can bring your brother into this all you like but at the end of the day this has nothing to do with him. As mentioned the legal responsibility for the finance is with you. Just call the provider, I assume it's Mercedes, and cancel the finance. Simples.

Oh, and please learn to use the quote button so we know which posts you are referring/replying to.