Consumer rights buying a car through Motorfinity and over the phone

zaza14

again, this is not the point of what I was making you guys aware of. Of course we don't and won't own the vehicle unless we've actually paid for it in full..

when I said "our car" I didn't say "which we will own" and what i was trying to point out is that it is not a case of my brother misusing a discount available to him, as it would be the car we both would be using and paying towards, and in any case, MB and motorfinity both have said this is fine to do... this isn't really the point of the original post and being technical on this particular point, that of the discount, isn't particularly helpful or relevant. Since many of the people are concerned about who's using the discount, I want to clarify, who is using the discount isn't the issue nor is it a problem

zaza14

Everyone, please forget I mentioned my brother and just replace "we" which was used as the decision to take on the agreement was a joint and household decision, and replace it with first person pronouns please- that may clarify things and make them less confusing.

DoaM

DoaM wrote: »

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

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

I suggest it is important that you closely read all paperwork (physical and electronic) that you have received.

zaza14

neilmcl wrote: »

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.

wooooooooooooops!:doh: I thought when I was pressing "quick reply" in line with your post/s, it was quoting your message-apologies.


I was just clarifying the brother and the "we" situation, as some seemed confused by my choice of pronouns, which I understand.

Essentially, it's a pcp contract with MB, that was initiated with Motorfinity, and the car that came, was not the car that we were discussing over the phone- it was the same model but an older version of the model, and both Motorfinity and MB aren't taking responsibility, and MB have been saying we cannot come out of the agreement, as it doesn't come under Distance Selling, nor any other protected regulation.

In fact, email that has just come through is as follows:




Hi,

I just wanted to confirm in writing what was discussed earlier this morning.

I understand you are frustrated but because we have supplied you with a vehicle that you ordered and was on your contracts I will need to seek approval from my management.


If approval is granted we will speak with the funder as you do not have a cancellable contract, we would request that we be allowed unwind it or to buy it.

Because this is a rejection, not a cancelation period and you are stating the goods are not as sold, the vehicle should not be used (driven) as you have requested a rejection, I will advise as soon as I have the first answer from our management team.


If you believe this vehicle was mis-sold to you I will need you to email me with a complaint so that we can look at the reasons for the rejection. Did you discuss with Motorfinity what vehicle you wanted and what options you wanted or expected to come with the vehicle ?

Any correspondence you’ve had with Motorfinity would be appreciated.

To summarise, the finance can be cancelled but then you would be left with having to pay for the car which I don’t believe you want to do. If you want to reject the vehicle I will need to email me with a complaint that I can put forward to management to take further.


Regards,
Assistant Affinity Account Manager

a.turner

So it's down to what's on your order form.

If Motorfinity ordered x car and Mercedes supplied the correct car then they'll reject your request to reject the car.

That leaves you fighting it out with motorfinity and without a car to drive.

zaza14

Update:

MB Finance have confirmed that I was missold the car, or "weren't to know I was being offered an older stock vehicle" and acknowledge that I tried as much as possible to confirm the car details befor placing the order, they or Motorfinity failed to inform me accordingly.

So my question - it has taken over 2 months for them to investigate this, and essentially just confirm what I kept saying to them. they delivered the wrong or an older car, which is not what I placed an order for. So DoaM hit the nail on the head with their observation and deduction.

Now, because I know my MB cars, I was able to know that I was not given a new car, or at least the latest one, as I was led to believe.

I am concerned that this will most DEFINITELY continue to happen with other customers.

Furthermore, I did not write to them to just find out that I was correct- I think it unfair for them to change their product when it was clear what I placed an order for, and I could've just exercised my 14 day cooling off period.

So what does one do?

I would like the car I had placed an order for, to be delivered, at the finance agreed. Yet, this does not seem to be a realistic expectation...