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Car dealer false advertising refused refund
Acedrive
Posts: 22 Forumite
Hello all,
On the 2nd August we purchased and collected a used car from a local dealer to ourselves, all fine and dandy in the first week apart from we could not understand how to function the infotainment screen, during that week my Wife asked me to take a look, I was reading the manual to see what we needed to do but was finding it confusing as it didn't seem to correspond with the screen, its one of those moments you think I'll take a look another night!,
I have recently lost my Mother so my head has been all over the place, hence my lack of interest in solving the issues we were having, anyway my Wife did notice some stone chips on the car, I looked closely and believed it to be a poor repair, I spoke to the dealer and questioned it, who said it was within their normal standards, but as a good will gesture they would sort it for £280, so we took the car back on the 9th August and left with them for a week as we were then going on holiday, we picked the car up on the 16th after we returned, paint job done, ok some stone chips on the bonnet that they didn't do, oh well,
On driving home my Wife realised that she could not get many stations on the radio/info screen, we then started to delve deeper and realised this was an aftermarket screen that the dealer had fitted, comparing it to the an original jeep renegade screen it was clear to see, no wonder the manual did not match up!
The sales ad on autotrader did not mention it having an aftermarket screen fitted, it did mention ,sat nav, DAB radio, which would been standard equipment fitted to the vehicle in its original state, of course this two features will not work now because on the aftermarket screen as it relies on being connected to your phone and using your phones apps, also after further investigation, it now seems that some of the vehicles safety options could be limited.
On the 19th August I telephoned the dealer to say we wanted a refund and would be returning the car the following day based on false advertisement, he said ok I will call you back, he did call me back later that day to say he had spoken to their compliance team and they would not be issuing a refund as they had done nothing wrong, I said we would see them tomorrow with the car.
This Wednesday we drove back there, I had a letter typed out ready to give them, explaining my 2015 consumer rights, ie , requires dealers to supply goods that are fit for purpose, as described and satisfactory quality, the vehicle is clearly not factory standard.
The salesman invited us to sit down and try to work something out , I pointed out about the radio, the advert was false, lucky for me I had contacted auto trader and got them to email me the original ad, as he was convinced I was wrong, after explaining our concerns he said he would contact the owner and see what they could do, but it would probably be a few hours later that he would call me, so we left and left the car there and everything they gave us with him, at 15:20 I received a text message from him saying they were waiting for further info at their end and it would probably be Thursday morning he calls, by 12:30 still no call so I phoned him, he then said they had not really discussed it and anyway the owner was happy for us to take it further (county court).
I have spoken to Citizens advice bureau, so they are up to date with everything and they have advised us to issue them another letter giving them 14 days notice of further action,
We want to get the car home tomorrow for safe keeping.
Do we stand a chance in court?
PS sorry for such a long post! Many thanks.
On the 2nd August we purchased and collected a used car from a local dealer to ourselves, all fine and dandy in the first week apart from we could not understand how to function the infotainment screen, during that week my Wife asked me to take a look, I was reading the manual to see what we needed to do but was finding it confusing as it didn't seem to correspond with the screen, its one of those moments you think I'll take a look another night!,
I have recently lost my Mother so my head has been all over the place, hence my lack of interest in solving the issues we were having, anyway my Wife did notice some stone chips on the car, I looked closely and believed it to be a poor repair, I spoke to the dealer and questioned it, who said it was within their normal standards, but as a good will gesture they would sort it for £280, so we took the car back on the 9th August and left with them for a week as we were then going on holiday, we picked the car up on the 16th after we returned, paint job done, ok some stone chips on the bonnet that they didn't do, oh well,
On driving home my Wife realised that she could not get many stations on the radio/info screen, we then started to delve deeper and realised this was an aftermarket screen that the dealer had fitted, comparing it to the an original jeep renegade screen it was clear to see, no wonder the manual did not match up!
The sales ad on autotrader did not mention it having an aftermarket screen fitted, it did mention ,sat nav, DAB radio, which would been standard equipment fitted to the vehicle in its original state, of course this two features will not work now because on the aftermarket screen as it relies on being connected to your phone and using your phones apps, also after further investigation, it now seems that some of the vehicles safety options could be limited.
On the 19th August I telephoned the dealer to say we wanted a refund and would be returning the car the following day based on false advertisement, he said ok I will call you back, he did call me back later that day to say he had spoken to their compliance team and they would not be issuing a refund as they had done nothing wrong, I said we would see them tomorrow with the car.
This Wednesday we drove back there, I had a letter typed out ready to give them, explaining my 2015 consumer rights, ie , requires dealers to supply goods that are fit for purpose, as described and satisfactory quality, the vehicle is clearly not factory standard.
The salesman invited us to sit down and try to work something out , I pointed out about the radio, the advert was false, lucky for me I had contacted auto trader and got them to email me the original ad, as he was convinced I was wrong, after explaining our concerns he said he would contact the owner and see what they could do, but it would probably be a few hours later that he would call me, so we left and left the car there and everything they gave us with him, at 15:20 I received a text message from him saying they were waiting for further info at their end and it would probably be Thursday morning he calls, by 12:30 still no call so I phoned him, he then said they had not really discussed it and anyway the owner was happy for us to take it further (county court).
I have spoken to Citizens advice bureau, so they are up to date with everything and they have advised us to issue them another letter giving them 14 days notice of further action,
We want to get the car home tomorrow for safe keeping.
Do we stand a chance in court?
PS sorry for such a long post! Many thanks.
0
Comments
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The original advert,
This Fantastic condition Jeep Renegade is finished in stunning metallic Jetset Blue and it comes with a Full Jeep Main Dealer Service History from new... At (Garage name hidden) Garage we pride ourselves on our personally hand picked vehicles. Before its chosen for our forecourt it has to meet our extensive criteria to ensure our customers only have the best. This level of quality is consistent throughout the purchasing experience and beyond. The personal attention to detail is paramount to us, in service and in the vehicles we offer for sale. Our knowledgeable sales team can arrange finance remotely and price your part exchange over the phone, we can also provide our customers with a personal walk round video of any of our vehicles by request. All purchases come, MOT'D and serviced as required. You can have faith your new vehicle is in safe hands as we have a team of factory trained technicians, who have a minimum of 35 years experience each., For more details visit our website
Vehicle features 12V Auxiliary Power Outlet Centre Console, 18in Alloy Wheels - Aluminium, 2nd Row Fully Functional USB Port, 6-Way Manual Driver Seat - 4-Way Manual Passenger Seat, 8 Way Power Adjustment Front Seat with 4-Way Powered Lumbar Adjustment, ABS - Anti-Lock Brakes, Alarm - Thatcham Category 1, Apple CarPlay and Android Auto, Aspherical Door Mirrors, Body-Colour Steel Roof, Bright Exhaust Tip, Cruise Control - Adaptive, DAB - Digital Audio Broadcasting, Deadlocks, Door Courtesy Lamps, Door Trim with Vinyl Inserts, Dual Note Electric Horns, Dual Zone Climate Control, ERM - Electronic Roll Mitigation, Electric Park Brake, Electric Power Steering, Electronic Stability Control - ESC - and Hill Start Assist, External Rearview Mirrors with Electrical Drive and Defrost, Fix and Go Puncture Repair Kit, Floor Mats, Forward Collision Warning Plus with Mitigation, Front - Next Generation - Front Side and Side Curtain -Front and Rear -Airbags, Front Fog Lights, Front Seat Belt Adjustable, Front Tow Eye, GPS Navigation, Gear Knob - Satin Chrome, Head Restraints - Height Adjustable 3rd Rear, Heated Front Seats, Heated Steering Wheel,
ISOFIX Child Seat Restraint System, Instrument Cluster - 7in TFT Colour Display, Integrated Antenna, LED Pack, LaneSense Lane Departure Warning Plus, Leather Wrapped Steering Wheel, Mileometer - Odometer, Painted Exterior Rearview Mirror, Panic Brake Assist, Parking Sensors - Front, Passenger Airbags Deactivation, Power Windows - Driver and Passenger Express Up and Down, Power Windows - Rear, Remote Control Central Door Locking, Rev Counter, Roof Side Rails - Bright Satin, Seatback Pocket, Seats - Front Passenger Forward-Fold Flat Seat, Side Repeater Lamp, Soft Front Seat Armrest Sliding with Interior Bin, Speakers x6, Speed Limiter, Steering Wheel Adjustment - Tilt-Telescopic, Steering Wheel Controls with Bluetooth, Tonneau Cover, Tow Eye Brackets, Traction Control, Trailer Sway Damping - Control, Tyre Kit Tag - B Group, Tyre Pressure Monitoring - Warning Display, Uconnect Live Services via Mobile, VP2 7 - WITH ICS FOR ECE, VP4 Radio NAV - 8.4in Touchscreen EU, Function Pack 2, Visibility Pack, Jetset Blue, Grey Full leather interior, BLUE Metallic exterior0 -
You've rejected it, taking it back now undermines your case.
Follow CAB's advice, issue the letter and see if they react. If they don't, you'll have to persuade the court that an aftermarket infotainment screen is sufficient grounds to reject a used car. It would help your case if there are indeed safety features that are now missing as a result, but I can't believe they are going to be critical safety features, are they? Is it more like tyre pressure warnings, etc? And presumably the aftermarket unit can connect to a phone but just not in the way the original equipment would have done?
Do you stand a chance in court? Yes, but I don’t think your case is that compelling, to be honest, based on the information you've provided here. It may not come to court, they may relent when they get your letter.1 -
Should their advert not have specified an aftermarket screen fitted?Aylesbury_Duck said:You've rejected it, taking it back now undermines your case.
Follow CAB's advice, issue the letter and see if they react. If they don't, you'll have to persuade the court that an aftermarket infotainment screen is sufficient grounds to reject a used car. It would help your case if there are indeed safety features that are now missing as a result, but I can't believe they are going to be critical safety features, are they? Is it more like tyre pressure warnings, etc? And presumably the aftermarket unit can connect to a phone but just not in the way the original equipment would have done?
Do you stand a chance in court? Yes, but I don’t think your case is that compelling, to be honest, based on the information you've provided here. It may not come to court, they may relent when they get your letter.0 -
If the only issue is the radio I honestly don't think you have much chance in court. The advert doesn't say it's an after market unit but neither does it say it is an original.There is reference to the dealer speaking to the owner of the car. Is the dealership acting as an intermediary between vendor and purchaser? If so, and you were informed of that, your issue may be with the previous owner.0
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Doesn't seem like false advertising to me. The features are available if you connect your phone.They also haven't refused a refund. Very misleading thread title.0
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Dealer means salesman, sorry, and owner is the owner of the dealershipTELLIT01 said:If the only issue is the radio I honestly don't think you have much chance in court. The advert doesn't say it's an after market unit but neither does it say it is an original.There is reference to the dealer speaking to the owner of the car. Is the dealership acting as an intermediary between vendor and purchaser? If so, and you were informed of that, your issue may be with the previous owner.1 -
Yes I have written that they refused to give a refund.powerful_Rogue said:Doesn't seem like false advertising to me. The features are available if you connect your phone.They also haven't refused a refund. Very misleading thread title.0 -
Acedrive said:
Yes I have written that they refused to give a refund.powerful_Rogue said:Doesn't seem like false advertising to me. The features are available if you connect your phone.They also haven't refused a refund. Very misleading thread title.
Have you tried connecting you phone to the car?0 -
I am struggling to see what the grounds are that the OP is seeking to reject the car.
The OP has purchased a used car (how old?, how many miles?) from a non-franchised motor trader.
The car was advertised as having some features.
All those features are there.
After purchase the OP has found that one of the features is not the manufacturer's original part but an aftermarket accessory.
If that was not obvious to the OP at test drive, it may not have been obvious or even known to the Dealer.
Some may consider that the aftermarket unit is an upgrade to the manufacturer's original part.
Really, I don't think there is grounds for the vehicle to be rejected on those grounds.
Nor do I feel that the Dealer needed to state it was an aftermarket accessory.
Can the OP search online for a manual for the actual after market unit that is currently fitted in the car?1 -
A photo of what is fitted may help.0
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