Mis sold an accessory with a Pre Reg car.

Ryanteck

Hi,
I purchased a Pre reg Nissan Micra in November 2019 from the local Nissan Main Dealership. 
While looking at the car I asked if I could have parking sensors fitted and was told it was possible and to Nissan Spec,
The sensors were purchased at the same time as the car on the same invoice, I financed the car approximately £6,200 myself (Debit Card deposit & Bank Transfer) and the remaining £5,200 on hire purchase
I had issues twice with the sensors not sensing reliably and on the first time they said there was no issue, the second time (in Jan) they refitted them as found they were not fitted right.
However it was at this point I had found that they had not fitted Nissan sensors after finding a nissan installation guide which contradicted the installation of the sensors where we could not come to an agreement that I was mis sold.

The dealership claims that they never said it would be Nissan Sensors and that I should not have expected Nissan sensors and this is why they're allowed to fit non genuine parts.
However my argument is that they didn't give me a choice between this off brand and genuine sensors, I wouldn't have expected the Nissan Dealership to fit non Nissan Parts and that the invoice doesn't state they're the off brand sensors that they installed. At the same time the offer document (attached) only had Parking sensors written down but on a Nissan headed document.
I left it a week after this initial meeting to see if the re-fit of the off brand sensors was better and while initially they seemed to be performing better than originally I still wasn't happy so I done a written complaint mid Jan, so far the best offer is that they will fit the Nissan sensors if I pay the difference but I don't feel this is acceptable at all. 

I'm at the stage now where I'm looking at taking the complaint further. 
Do I have a case for mis selling? I did study consumer law as part of my degree so fairly certain I have been mis sold (as I would not have purchased generic sensors at the price charged).
The finance company has said that because it was an accessory they can't help, however because it was on the same invoice as the car is this true? I don't think it is and feel they're using this as a reason to not take part. (They did authorise me to go through with the complaint against the dealer to begin with and the accessory installation). From what I can tell they should be responsible.
The other route I can see is the Motor Onbwardsmen but not sure how far I'll get with them.

Thanks -
Ryan

Car_54

Ryanteck said:so far the best offer is that they will fit the Nissan sensors if I pay the difference but I don't feel this is acceptable at all.

If they fit the Nissan sensors, and you pay the difference, you will be in the position you would have been had they quoted for and fitted Nissan parts in the first place. Why is that not acceptable?

photome

If they didnt tell you they were Nissan branded  sensors and you didnt confirm thats what you wanted I dont see that they have done anything wrong

Genuine nissan rear sensors are over £350 just to purchase without the fitting, you only paid £349 all in

photome

I found a non genuine kit for about £150 that says it takes 3 hours to fit which would take that to around the price you paid

photome

Car_54 said:

Ryanteck said:so far the best offer is that they will fit the Nissan sensors if I pay the difference but I don't feel this is acceptable at all.

If they fit the Nissan sensors, and you pay the difference, you will be in the position you would have been had they quoted for and fitted Nissan parts in the first place. Why is that not acceptable?

This post wasnt there when I replied and i hadnt seen that offer in the OPs post, I agree that seems perfectly acceptable to me

Ryanteck

photome said:

If they didnt tell you they were Nissan branded  sensors and you didnt confirm thats what you wanted I dont see that they have done anything wrong

Genuine nissan rear sensors are over £350 just to purchase without the fitting, you only paid £349 all in

They had said verbally they would be, nor at the time told me they wouldn't be Nissans at all nor gave me say a quote of £350 for Non Nissan sensors and £700 for Nissan sensors. 
If they had given two options sure, but I wasn't aware they wouldn't be Nissan sensors. As for the price £350 seemed about right.

[Deleted User] said:

Ryanteck said:so far the best offer is that they will fit the Nissan sensors if I pay the difference but I don't feel this is acceptable at all.

If they fit the Nissan sensors, and you pay the difference, you will be in the position you would have been had they quoted for and fitted Nissan parts in the first place. Why is that not acceptable?

Because they mis-sold. How is that not obvious? Do you go to a car dealership for a service and expect non genuine parts?

Car_54

Ryanteck said:

[Deleted User] said:

Ryanteck said:so far the best offer is that they will fit the Nissan sensors if I pay the difference but I don't feel this is acceptable at all.

If they fit the Nissan sensors, and you pay the difference, you will be in the position you would have been had they quoted for and fitted Nissan parts in the first place. Why is that not acceptable?

Because they mis-sold. How is that not obvious? Do you go to a car dealership for a service and expect non genuine parts?

Whether or not they mis-sold, they have offered full restitution. What more do you want?

AdrianC

Ryanteck said:

They had said verbally they would be, nor at the time told me they wouldn't be Nissans at all nor gave me say a quote of £350 for Non Nissan sensors and £700 for Nissan sensors. 
If they had given two options sure, but I wasn't aware they wouldn't be Nissan sensors. As for the price £350 seemed about right.

If they'd given you the choice of £350 for generic or £700 for genuine, which would you have chosen?

No, £350 for genuine is not an option. That was a misunderstanding. They happen.

Unless you'd have said "Oh, then I won't bother with either", then both of the two options are on the table. Pick whether to stay with the pattern ones you have currently, or pay the difference to get the genuine, as you would have at the time.

Ryanteck

AdrianC said:

Ryanteck said:

They had said verbally they would be, nor at the time told me they wouldn't be Nissans at all nor gave me say a quote of £350 for Non Nissan sensors and £700 for Nissan sensors. 
If they had given two options sure, but I wasn't aware they wouldn't be Nissan sensors. As for the price £350 seemed about right.

If they'd given you the choice of £350 for generic or £700 for genuine, which would you have chosen?

No, £350 for genuine is not an option. That was a misunderstanding. They happen.

Unless you'd have said "Oh, then I won't bother with either", then both of the two options are on the table. Pick whether to stay with the pattern ones you have currently, or pay the difference to get the genuine, as you would have at the time.

I would likely have chosen either the genuine, or gone elsewhere to get generic fitted for < £200.  Or most likely then looked for the trim level above with them pre-fitted. 

Car_54 said:

Ryanteck said:

[Deleted User] said:

Ryanteck said:so far the best offer is that they will fit the Nissan sensors if I pay the difference but I don't feel this is acceptable at all.

If they fit the Nissan sensors, and you pay the difference, you will be in the position you would have been had they quoted for and fitted Nissan parts in the first place. Why is that not acceptable?

Because they mis-sold. How is that not obvious? Do you go to a car dealership for a service and expect non genuine parts?

Whether or not they mis-sold, they have offered full restitution. What more do you want?

It's not a resolution for me to pay more for what I was sold. 

Aylesbury_Duck

But you weren't sold Nissan sensors as far as I can tell, so that argument is invalid. 
Your desired outcome is for the dealer to remove the sensors you have and replace them with Nissan sensors, at no cost, right?  If that's the only solution you'll accept and they say no, what next?

AdrianC

OK, so the new forum doesn't have the same double-post protection as the old, and doesn't allow post deletion...