Carshop Mis-sold a car

Cheeze439

I’m looking for some advice. 

This week I bought a new (used) car from Carshop. 

After spending a lot of time comparing the different cars of the make/model I wanted I settled on one that included several extras fitted at the factory when the original buyer ordered the car. It was some of these things that made me decide on this car. 

However several of them are not present in the car...
Adaptive Cruise Control - it’s actually regular cruise control. 

Privacy glass back and rear windows - it’s just regular glass. 

11 speaker sound system with subwoofer - it’s a basic 10 speaker sound system with no subwoofer. 

Twin USB sockets in the rear for the passengers - these are not there. 

I’ve spoken with them and they promised me a call back within 24 hours but I’ve yet to get that call. My initial call to them they did admit it was advertised with the Adaptive Cruise Control and said it must have been a mistake. They also said the listing on the website had photos that show it doesn’t have privacy glass (I missed this) and that they’d look into the other 2 things. 

Fortunately I took a screen shot of the listing as I was looking into all these things I’m a bit of a gadget freak. 

Where do I stand? As we are in lockdown it wasn’t possible to test drive the car. I also collected in the evening when it was dark and raining so I just wanted to get the car home. 

I do love the car but I’ve that feeling in my stomach of being conned. I have a 14 day return or exchange on the car, but there’s nothing matching what I thought I was getting on their site right now. I don’t really want to return but also I’m very disappointed especially with the sound system and adaptive cruise control, definitely influenced my decision to buy the car. 

I’d appreciate any advice on how to handle this. I’m not unreasonable, I know some of this can’t be retrofitted, and I’m not a money grabber but I do feel well and truly ripped off right now. 

I’d accept them upgrading or at least paying the bill for someone to upgrade the speakers and add a subwoofer, but really that’s just 1 out of 4 things. 

Grumpy_chap

At least some, if not all, of these items could have been easily confirmed visually at collection.  Or before in the case of the privacy glass, from the listing.  The time to check and refuse was at collection.

Given where you are, using the 14day exchange scheme is probably your best option.

Second choice, keep the car, possibility with a token financial gesture.  You will remain disappointed for the time of vehicle ownership.

Sound system and privacy glass can be upgraded.  Adaptive cruise control cannot be added.  There may be an aftermarket option to add the usb ports.

AdrianC

If the sale had been totally remote, you would have had 14 days to return the car under distance selling regs.
By collecting in person from the supplier, it is no longer a distance sale, though.

But if they offer a non-statutory 14 day exchange or return? Take advantage of it and keep looking.

If what you want is the missing spec fitted, then - as you say - it's not going to happen.

If what you want is a partial refund and keep the car, it's not going to happen either. There's almost certainly zero retail value difference between the specs, and that won't satisfy your "gadget freak" justification for the disappointment anyway.

Cheeze439

I disagree in the zero retail value difference from the specs. They advertise the price for each additional spec, Adaptive Cruise Control £1,220, connections for rear usb £415, subwoofer 11 speaker system £215, privacy glass £365. however I’m not daft that is the brand new fitted to order spec. However this car was 1,500 more than the same ref, similar mileage car they had with accurate specs that matches what I got so the dealer clearly values that stuff. 

I get I can return it, they’ve offered me £200 which I’ll probably accept and put towards upgrading the sound system however I’m spending my 14 day period where I can exchange it looking out on their website for a potential replacement. 

I love the car, it’s just a feeling of being ripped off right now. Mistake or not it was falsely advertised, but they are protected from that as they will accept it back but it doesn’t really help the consumer. If I give it back I’ve the hassle of sorting the finance, insurance etc. 

However it’s looking like I’ll just take what I consider to be a paltry offer. I’m not looking for a handout, just to cover the costs of at least sorting the sound system out and usb’s. 

JamoLew

You need to decide if your feelings of being ripped off outweigh your love for the car or vice versa 

You say this car was 1500 more than one without those spec - sounds like that’s what you need to be asking for
Otherwise - return yours get a refund, buy the cheaper one and have £1500 to pay for the upgrades that are possible - easy

justworriedabit

OP
The best thing is get a discount or return the car.
We've only really bought from main dealers and their customer service is good. But I know of someone that bought a car over the phone a few years ago from carshop and put down a deposit. However, the car was for the daughter and dad was to collect from 80 miles away but had to travel to Fiji urgently as his dad was taken unwell and had to got for at least several weeks. They held the car and when they asked for the deposit back and explained that dad may not be back for weeks as he was sorting out thing they returned their deposit without a fight - that was really good of them imo

MEM62

Carshop Miss-sold a car
You cannot miss-sell a car.  Miss-sold is a specific term that relates to certain financial products that is often over used as well as incorrectly used.  The car was not as advertised maybe, in which case you need to see what you can negotiate with dealer, but is was no miss-sold.       

AdrianC

Mis-advertised is covered by distance selling regs, in cases where the buyer does not physically see the product until the sale is complete.

Where the buyer sees the product prior to taking delivery, they need to open their eyes and look at the thing, if the presence or absence of such obvious attributes such as non-see-through windows are so important...

Cheeze439

Some of the things were not immediately obvious without reading the car’s manual and testing the car out. I hold my hands up I missed the windows, however to list functions on what they themselves called the ‘attention grabber’ part of the listing that were not present is just wrong. 

The collection setup during the pandemic is limited, you can’t test drive etc. 

Yes I can return the car as per my rights however in my situation I don’t see this as an option, I’ve done it on finance and don’t want to reapply on another vehicle, the insurance is set up, they’ve taken my old car and put it straight to auction. I’m surprised so many people don’t see any of this as an unreasonable level of service or an unfair way to operate. 

I’ve not gone to a back street wheeler dealer used car salesman. I’ve used an established large company to avoid issues like this, I’ve bought in good faith and as far as I’m concerned this is covered by ‘not as described’. 

I’ve requested an amount from them that covers less than a third the issues for me to put right myself end I’m awaiting a response. 

Would any of you be satisfied to collect a vehicle in excess of £18,000 at night and when in the cold light of day you discover this ‘fully valeted’ vehicle in this state? Yes that’s broken glass I’ve discovered rattling around in the tailgate. 

Grumpy_chap

The state of the car as per the photos is not what you'd expect.  It can also be easily rectified by the supplying dealer.

That was not the issues raised in the OP, where the concerns were missing features:

• Adaptive Cruise Control - it’s actually regular cruise control. 

• Privacy glass back and rear windows - it’s just regular glass. 

• 11 speaker sound system with subwoofer - it’s a basic 10 speaker sound system with no subwoofer. 

• Twin USB sockets in the rear for the passengers - these are not there. 

What resolution do you actually seek?  Given you wish to accept the car rather than return it in the 14 days.

Cheeze439

They have initially offered a gesture of goodwill of £200. 

I’ve pointed out that their own listing values these missing items at £2,200, but I understand they are factory prices when new so with depreciation it may be just over half that now. 

I’ve pointed out that a model matching what I actually got was also on their site at the same age and similar mileage but £1500 less so I value these items as around £1,500. 

However I appreciate some of the things cannot now be retrofitted, with this in mind and because I’m not greedy and really do want to get some of the above sorted where possible I’ve obtained quotes. 

£200 to get the windows tinted, yes I missed that myself but bearing in mind there are some costly items I can’t sort I think that’s fair. 

£100 for a full proper valet to get the car in an acceptable state, we are in the midst of a global pandemic and the car was beyond filthy inside. 

£150 to get a dashcam fitted as an alternative safety feature to the adaptive cruise control (and I’ve only just realised a driver fatigue system that was listed also isn’t present. This is tiny compared to the proposed £1,200 value of these systems. 

£50 for me to sort the USB’s in the rear, I could use an adapter however a mechanic friend can source the correct module and wire it in for me.

The sound system is getting quotes above £500, and although it’s not what is listed I’ve played with the settings on the unit and will be happy to leave it as it is as I also think pushing for this will make them push back. 

 

So £500 in total and I’ll happily supply invoices to show the work is done and I’m not just after a payout. 

I think accepting a third of the missing cost is more than a reasonable request. The £200 offer is frankly insulting.