Car dealer false advertising refused refund

Okell

Acedrive said:

... 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,...

What is the text of this letter?

Acedrive

Grumpy_chap said:

Acedrive said:

The car was a trade in, the dealer told us this, I asked if the  heated seats were not working would they be fixed, he said no because they will not work with the screen that has been fitted, which we were told after the purchase, I'm not seeking to reject the car on the info screen alone, rather more importantly because of features the car has that will not work simply because they have had a cheap screen fitted.

Example of consumer rights 2015,

 Hilary bought a washing machine yesterday from WashALot Plc. It was advertised to wash clothes on a quick setting within 60 minutes. However it doesn't fill with water and so won't clean her clothes. This product is not therefore fit for purpose, is faulty, and doesn't match the description of washing clothes within 60 minutes. Hilary would therefore have rights against WashALot Plc under The Consumer Rights Act 2015.

So our car is fitted and advertised with heated seats, the seats will not switch on because of limitations of the screen.

I don't think the heated seats not working on a car is really comparable to a washing machine that will not fill with water.

The primary purpose of a washing machine is to wash your clothes.  That purpose is wholly defeated if the washing machine will not fill with water.

The primary purpose of a car is to get you from A to B.  That purpose is not wholly defeated if the heated seats won't heat.

Simply non-functioning heated seats and a non-functioning USB connector might not be sufficient grounds to reject the car.

Its the same principle, the primary purpose of a heated seat is to warm my body thats in contact with the seat, that purpose is wholly defeated if the screen does not allow this.

Acedrive

Okell said:

If heated seats were advertised (they were) and if those heated seats don't actually work I'd suggest that is a sufficient failure to comply with contract to allow the OP to exercise the short term right to reject for a full refund.  Which is what I think CAB adivsed him to do

The OP is under no obligation to accept a repair or a price reduction

Whether the OP has scuppered that by "accepting" the car back I don't know, but I'd advise them to go back to the dealer and tell them they are exercising their short term right to reject for a full refund.  Whether that will work now or not, I have no idea.

The trader can't charge anything for use under the short term right to reject

By taking the car back is not an admission of satisfaction and I have told them that, its so we can conduct our own investigation to back up what we know so far, its obvious they have chosen to have a cheap screen fitted but they will not admit that, the way I see it they have a few options, agree to a full refund, of which they have refused, investigate themselves why this screen does not allow functions to work properly, of which they have not, admit they are to wrong  for fitting a screen that does not allow functions to work properly, of which they have not, they have done nothing to help us or themselves, but shrug their shoulders and say about their disclaimer.   

powerful_Rogue

Acedrive said:

Grumpy_chap said:

Acedrive said:

The car was a trade in, the dealer told us this, I asked if the  heated seats were not working would they be fixed, he said no because they will not work with the screen that has been fitted, which we were told after the purchase, I'm not seeking to reject the car on the info screen alone, rather more importantly because of features the car has that will not work simply because they have had a cheap screen fitted.

Example of consumer rights 2015,

 Hilary bought a washing machine yesterday from WashALot Plc. It was advertised to wash clothes on a quick setting within 60 minutes. However it doesn't fill with water and so won't clean her clothes. This product is not therefore fit for purpose, is faulty, and doesn't match the description of washing clothes within 60 minutes. Hilary would therefore have rights against WashALot Plc under The Consumer Rights Act 2015.

So our car is fitted and advertised with heated seats, the seats will not switch on because of limitations of the screen.

I don't think the heated seats not working on a car is really comparable to a washing machine that will not fill with water.

The primary purpose of a washing machine is to wash your clothes.  That purpose is wholly defeated if the washing machine will not fill with water.

The primary purpose of a car is to get you from A to B.  That purpose is not wholly defeated if the heated seats won't heat.

Simply non-functioning heated seats and a non-functioning USB connector might not be sufficient grounds to reject the car.

Its the same principle, the primary purpose of a heated seat is to warm my body thats in contact with the seat, that purpose is wholly defeated if the screen does not allow this.

I think you've missed the point.

Grumpy_chap

powerful_Rogue said:

Acedrive said:

Grumpy_chap said:

Acedrive said:

The car was a trade in, the dealer told us this, I asked if the  heated seats were not working would they be fixed, he said no because they will not work with the screen that has been fitted, which we were told after the purchase, I'm not seeking to reject the car on the info screen alone, rather more importantly because of features the car has that will not work simply because they have had a cheap screen fitted.

Example of consumer rights 2015,

 Hilary bought a washing machine yesterday from WashALot Plc. It was advertised to wash clothes on a quick setting within 60 minutes. However it doesn't fill with water and so won't clean her clothes. This product is not therefore fit for purpose, is faulty, and doesn't match the description of washing clothes within 60 minutes. Hilary would therefore have rights against WashALot Plc under The Consumer Rights Act 2015.

So our car is fitted and advertised with heated seats, the seats will not switch on because of limitations of the screen.

I don't think the heated seats not working on a car is really comparable to a washing machine that will not fill with water.

The primary purpose of a washing machine is to wash your clothes.  That purpose is wholly defeated if the washing machine will not fill with water.

The primary purpose of a car is to get you from A to B.  That purpose is not wholly defeated if the heated seats won't heat.

Simply non-functioning heated seats and a non-functioning USB connector might not be sufficient grounds to reject the car.

Its the same principle, the primary purpose of a heated seat is to warm my body thats in contact with the seat, that purpose is wholly defeated if the screen does not allow this.

I think you've missed the point.

Indeed, if the primary purchase of the purchase was to warm the OP's body in contact with the seat, there are far cheaper options other than a Jeep Renegade.  Here's one:
https://www.amazon.co.uk/Vinsetto-Computer-Retractable-Adjustable-Comfortable/dp/B08PP18YWQ/?th=1

Archergirl

Do you know the dealer fitted the aftermarket system? Our reverse camera is rubbish (Hyundi ix35), I think most people fit an aftermarket one or change the screen but who would know

born_again

Okell said:

Ectophile said:

There seem to be some ridiculous statements here by people who argue that if you buy a used car, you deserve all you get.  The car may be missing features in the advert but that;'s the buyer's fault.

A motor trader is responsible for knowing what they are selling.  They are expected to be the experts.  Some weasel wording disclaimer in the advert isn't good enough.

I agree with you.

From many of the threads on here about misdescribed used cars you'd think that the Consumer Rights Act didn't apply to such sales.

It's not that they don't exist. It is that they are tempered by the age & mileage of the car.

As to spec. I would love to see any independent dealer know the spec of every car they sell.

Pop into any main dealer & you will find a sales person that does not know the full spec/trim of every new car they sell.

sheramber

Acedrive said:

Aylesbury_Duck said:

What I don't understand is why, having taken CAB advice, rejected the car and then prepared to write the letter, you have now retrieved the car and are debating the situation with us, a bunch of strangers on the web.

Reject the car and write the letter.  I suspect the dealer will fold and either fix the problems or refund you.  If they don't, you can then decide whether you want to go to court.

Sorry I thought thats what a forum is for, asking questions, getting advice, positive or negative.
With the dealer already refusing to give a refund and offering no resolution to this problem, apart from suggesting its our fault for not reading their disclaimer 

This forum will give you opinions of random strangers who offer their  personal advice. 

That advice is the same as CAB gave you but you have not followed it through.

If you told the dealer you would take legal action then your option now is to do that or  give up. 

Aylesbury_Duck

Acedrive said:

Grumpy_chap said:

Acedrive said:

The car was a trade in, the dealer told us this, I asked if the  heated seats were not working would they be fixed, he said no because they will not work with the screen that has been fitted, which we were told after the purchase, I'm not seeking to reject the car on the info screen alone, rather more importantly because of features the car has that will not work simply because they have had a cheap screen fitted.

Example of consumer rights 2015,

 Hilary bought a washing machine yesterday from WashALot Plc. It was advertised to wash clothes on a quick setting within 60 minutes. However it doesn't fill with water and so won't clean her clothes. This product is not therefore fit for purpose, is faulty, and doesn't match the description of washing clothes within 60 minutes. Hilary would therefore have rights against WashALot Plc under The Consumer Rights Act 2015.

So our car is fitted and advertised with heated seats, the seats will not switch on because of limitations of the screen.

I don't think the heated seats not working on a car is really comparable to a washing machine that will not fill with water.

The primary purpose of a washing machine is to wash your clothes.  That purpose is wholly defeated if the washing machine will not fill with water.

The primary purpose of a car is to get you from A to B.  That purpose is not wholly defeated if the heated seats won't heat.

Simply non-functioning heated seats and a non-functioning USB connector might not be sufficient grounds to reject the car.

Its the same principle, the primary purpose of a heated seat is to warm my body thats in contact with the seat, that purpose is wholly defeated if the screen does not allow this.

That argument works if your primary reason for purchasing the car was to warm your body.  Was it?

Aylesbury_Duck

sheramber said:

Acedrive said:

Aylesbury_Duck said:

What I don't understand is why, having taken CAB advice, rejected the car and then prepared to write the letter, you have now retrieved the car and are debating the situation with us, a bunch of strangers on the web.

Reject the car and write the letter.  I suspect the dealer will fold and either fix the problems or refund you.  If they don't, you can then decide whether you want to go to court.

Sorry I thought thats what a forum is for, asking questions, getting advice, positive or negative.
With the dealer already refusing to give a refund and offering no resolution to this problem, apart from suggesting its our fault for not reading their disclaimer 

This forum will give you opinions of random strangers who offer their  personal advice. 

That advice is the same as CAB gave you but you have not followed it through.

If you told the dealer you would take legal action then your option now is to do that or  give up. 

Exactly this.