Paid deposit for car over phone but misleading - incorrect - info given by dealer

JennyP

Looking for a car to tow a caravan that we've just bought. 
I rang a Suzuki dealer yesterday and asked them to check the towing capacity of a 2ndhand car that they had. They said 1500 kilos which was fine. I paid a £100 deposit for the car. 
On the owners group for our particular caravan, someone flagged up to me that this vehicle can only tow 1200 kilos. I checked this on the towing capacity website (should have done that in the first place) then someone else told me there's also a caravan-car match facility for members on the Caravan Club website. I checked it on there too. Both websites say 1200 kilos and that although the car would tow our caravan, it's on the cusp and isn't advised. If we carried just a little too much inside the van, it'd be illegal. 
The dealer is still insistent that it'll tow 1500 kilos and says it'll be up to his manager about a refund. 
I paid by Visa credit card. Do I have any rights to push them for a refund or is there some cooling off period anyway with distance selling? 

JohnnyB70

Yes, you have the right to a refund as it was mid-described, but do you have written proof that it was?

Grumpy_chap

If this was a totally remote purchase then the CCR applies and you have 14-days to reject the vehicle for any reason or none and receive a full refund.

JennyP

JohnnyB70 said:

Yes, you have the right to a refund as it was mid-described, but do you have written proof that it was?

No, I've no written proof. It was all done over the phone. 

JennyP

Grumpy_chap said:

If this was a totally remote purchase then the CCR applies and you have 14-days to reject the vehicle for any reason or none and receive a full refund.

We did it all over the phone. Didn't actually go to the garage. Test drove in a garage from the same group the previous day but in a different vehicle. 

Grumpy_chap

JennyP said:

Grumpy_chap said:

If this was a totally remote purchase then the CCR applies and you have 14-days to reject the vehicle for any reason or none and receive a full refund.

We did it all over the phone. Didn't actually go to the garage. Test drove in a garage from the same group the previous day but in a different vehicle. 

Then this is worth a read:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Pursue that via the garage and, if they refuse the refund, use S75 to claim against the CC.  S75 and not chargeback.

forgotmyname

The online figures can often be wrong. What does the chassis plate say about the towing limit?

The Gross Train Weight figure and the Gross vehicle weight and/or the veicles kerbweight.

JennyP

Grumpy_chap said:

JennyP said:

Grumpy_chap said:

If this was a totally remote purchase then the CCR applies and you have 14-days to reject the vehicle for any reason or none and receive a full refund.

We did it all over the phone. Didn't actually go to the garage. Test drove in a garage from the same group the previous day but in a different vehicle. 

Then this is worth a read:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Pursue that via the garage and, if they refuse the refund, use S75 to claim against the CC.  S75 and not chargeback.

Because it's £100, I don't think I can do S75. It has to be at least £100.01 - just looked it up on this site. 

facade

JennyP said:

The dealer is still insistent that it'll tow 1500 kilos

They may be correct.

It will be on the V5 on the second page- "Technical permissible maximum towable mass of the trailer" if it says 1500Kgs braked, then that is what it can tow based on stability tests and the ability to start off on a 1 in 12 hill. It might not be advisable to tow 1500kg, but that is a different question, which the Caravan club may have answered.

If not, it is on the VIN plate, the largest (2nd) number is the max train weight- subtract the next largest (1st) number (max vehicle weight) and the answer is the towing capacity.

Ask the dealer for a copy of the second page of the V5 or a photo of the VIN plate to confirm the capacity.

If the car is rated for 1500kg, and you don't want it then you will have to give up on the deposit, which may be better than being stuck with the car. 

If it is only rated for 1200kgs, then you ought to be able to get the deposit back, as you specifically said you needed 1500kg.

Grumpy_chap

JennyP said:

Grumpy_chap said:

JennyP said:

Grumpy_chap said:

If this was a totally remote purchase then the CCR applies and you have 14-days to reject the vehicle for any reason or none and receive a full refund.

We did it all over the phone. Didn't actually go to the garage. Test drove in a garage from the same group the previous day but in a different vehicle. 

Then this is worth a read:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Pursue that via the garage and, if they refuse the refund, use S75 to claim against the CC.  S75 and not chargeback.

Because it's £100, I don't think I can do S75. It has to be at least £100.01 - just looked it up on this site. 

According to this site:
https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

The purchase has to be over £100 (and less than £30k) but you only need to have paid 1 penny on the CC.
The £100 was only deposit - there is an example of exactly that on the link above.
If the car was only £100 total, then take the car and sell for scrap and you will be in profit.

JennyP

facade said:

JennyP said:

The dealer is still insistent that it'll tow 1500 kilos

They may be correct.

It will be on the V5 on the second page- "Technical permissible maximum towable mass of the trailer" if it says 1500Kgs braked, then that is what it can tow based on stability tests and the ability to start off on a 1 in 12 hill. It might not be advisable to tow 1500kg, but that is a different question, which the Caravan club may have answered.

If not, it is on the VIN plate, the largest (2nd) number is the max train weight- subtract the next largest (1st) number (max vehicle weight) and the answer is the towing capacity.

Ask the dealer for a copy of the second page of the V5 or a photo of the VIN plate to confirm the capacity.

If the car is rated for 1500kg, and you don't want it then you will have to give up on the deposit, which may be better than being stuck with the car. 

If it is only rated for 1200kgs, then you ought to be able to get the deposit back, as you specifically said you needed 1500kg.

Thanks. That's really helpful. They said they got their information from the Suzuki website and promised to email a link - but they haven't.