Advice needed with Cinch complaint

reluctant_saver2024

Hi all, this is my first post so please bear-with.
As I am on the autism spectrum I generally find dealing with people face to face a problem. As such, I decided to buy a car from one of the online car retailers. I spent ages looking and finally found what I wanted from Cinch. I carefully went through all the vehicles particulars to make sure it was right for me. One of my main requirements was a rear view/parking camera (as I'd had one on my last car). It was clearly stated in black and white that this car had one of those. I took the plunge and bought it. After many many weeks of messing around and a late delivery (caused by a defect which was only discovered the day they were due to deliver), I finally got to drive my new car. Unfortunately I soon discovered that there was no parking camera. I contacted Cinch (for about the 10th time) and eventually was told that yes, it was advertised incorrectly and they would look into either reimbursing me or sorting out a camera retrofit. In the meantime, I did my own research and determined that to get a fully integrated camera like I was expecting from the description would be in the region of £500 - £600 (plus the inconvenience and any associated costs).  As I found again and again with Cinch customer care, I had to phone them to chase rather than them keeping me updated. Basically they told me that as a 'good will gesture', they would give me £175 towards a camera - this doesnt even cover the cost of the most basic one from Halfords!!! Unfortunately, I was well into my 14 days return period by then and besides, I liked everything else about the car. I just wanted what had been advertised. Anyway, I wrote Cinch a lengthy complaint letter. Their reply was brief - they would not move on the £175.

So, hoping for some advice here please. I think my next step is trading standards. Has anyone else had a similar problem and any thoughts on what other recourse I could take please?

REALLY sorry for the VERY long post.

ThumbRemote

You only have two options:
1. Take the £175
2. Return the car

Which would you prefer?

the_lunatic_is_in_my_head

ThumbRemote said:

You only have two options:
1. Take the £175
2. Return the car

Which would you prefer?

Out of interest why do you think OP only has those two options?

OP is entitled to a repair (the word repair meaning making the goods conform) and if the dealer refuses they are entitled to reject for a refund however they are also entitled a price reduction which is typically what was paid for vs what was given so the cost of purchasing and installing the camera would seem reasonable.

Outside of consumer rights there is the option to seek damages which effectively mirrors the price reduction in this case by putting the party suffering breach in the position they would have been had that breach not occurred.

The question for you instead of the one above OP is, firstly you have to mitigate your loss/claim so it might be best to get at least one more price for a camera, and how much effort do you wish to go to?

A letter before action can be sent for the cost of a stamp (templates on Google) and if no joy you'd have to look at small claims. 

I don't know who Cinch are so you need to ensure they won't fold if you win (big national car dealers won't, single back street dealer possibly).

You are looking at the Consumer Rights Act, Section 11 (Goods to be as described), followed by Section 23 (Right to repair or replacement), followed by Section 24 (Right to price reduction or final right to reject) paragraph 1. 

Whilst noting paragraph 139 of the guidance notes: 

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/6

139.If the consumer opts to keep the goods and require a reduction in price the question of what is an appropriate amount will depend on the circumstances and the remaining functionality of the goods. It is intended that the reduction in price should reflect the difference in value between what the consumer paid for and the value of what they actually receive, and could be as much as a full refund or the full amount already paid.

Alderbank

Welcome to the forum.

Yes, you have two options: take the £175 or threaten to return the car.

Returning the car will be expensive for Cinch so they will fight to avoid it.

That should work to your advantage though. The problem here is not that there is some undiagnosed issue with the vehicle which might cost thousands to identify and fix. The vehicle is clearly not as described, so they would lose if it went to court, but can definitely be sorted for £5-600.

Stick to your guns. Do you have a local garage, perhaps a main dealer for the marque or a car ICE specialist, who will give you a fixed quote to fit the camera?
If so, tell that to Cinch and confirm that you would be happy for them to pay that invoice so you get the car they are contractually committed to provide, otherwise you will pursue a claim in the county court that the goods are not as described as required by s11 of the Consumer Rights Act 2015.

ETA: How did you pay?

Curiosity2017

I bought a reverse camera from Aliexpress in 2021, works perfectly fine. 

They have some with displays for £40ish so even if you got someone to fit it you should be under £175. 

Aylesbury_Duck

Curiosity2017 said:

I bought a reverse camera from Aliexpress in 2021, works perfectly fine. 

They have some with displays for £40ish so even if you got someone to fit it you should be under £175. 

While that might be moneysaving and a reasonable deal for someone wanting to retro-fit a cheap camera, it sounds like OP has effectively already paid a few hundred pounds for a fully integrated camera that should have come with the car.  Settling for a cheap unit from a dubious retailer that then has to be plumbed in isn't really going to cut it.  I agree with others that OP should use the threat of rejection to get a car of the specification they paid for, a refund or a  professionally fitted camera of the type advertised.