incorrect new car

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  • GDB2222
    GDB2222 Posts: 24,670 Forumite
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    A mistake not to return the car the moment you realised their error.

    I'm pretty sure that you can sue both the credit company and the garage. After 15 months of being messed about, that's what you need to do.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Arklight
    Arklight Posts: 3,171 Forumite
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    You should have tried to reject the car when you realised they had given you the wrong one. You've been paying for a more expensive car after all. I appreciate that's probably not much help now.

    Try the CAB, as people are saying, as long as you have the correct paperwork you may be able to sue them. It's easy to say that though, you need proper advice not people off the internet.

    It's possible a letter to the head office might change their attitude, if they have one.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    The only thing I can see you can reasonably ask for after all this time is the difference in payments between what you specified and what you received. If you have the paperwork stating this, you should have a good case.
  • Vonnie3
    Vonnie3 Posts: 8 Forumite
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    we are paying for a 105
  • Vonnie3
    Vonnie3 Posts: 8 Forumite
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    thanks everyone, we have done everything you have all said. reason it wasn't rejected we believed them when they said they was ordering a replacement and to use this one till then. it was Bolton motorpark. we cancelled payments just to get their attention as nothing else is working ��
  • Vonnie3
    Vonnie3 Posts: 8 Forumite
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    we sent a letter to the finance company to say what we will be doing but heard nothing
  • Herzlos
    Herzlos Posts: 14,688 Forumite
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    Can you prove you ordered a 105? If so, file a Letter Before Action to get the payment difference back.


    Is it a PCP or HP finance? Are you just going to be out the payments or are you going to be stuck with a car worth less?
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Herzlos wrote: »
    Can you prove you ordered a 105?

    Quoted and emphasis added ... you haven't yet addressed this point, OP, even though it has been asked several times.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    DoaM wrote: »
    Quoted and emphasis added ... you haven't yet addressed this point, OP, even though it has been asked several times.


    Opening post? "We have all the original paperwork that says 105hp we are paying on finance for a 105hp, but they basically say we are mistaken and didn't order the 105hp".


    Mind you, I can't help thinking that something is missing from this story, whether deliberately or inadvertently. Unless the dealer is totally unscrupulous I can't see how they can brazenly tell the OP that they didn't order the 105bhp model if the OP's paperwork says otherwise.


    Also strange that "They had lost all the paperwork so had to re do it all..."
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    Vonnie3 wrote: »
    thanks everyone, we have done everything you have all said. reason it wasn't rejected we believed them when they said they was ordering a replacement and to use this one till then. it was Bolton motorpark. we cancelled payments just to get their attention as nothing else is working ��


    Hmmm. Might have been safer to write to the finance company first, explain the situation to them and give them a couple of weeks to rectify, otherwise you'll consider them to be in breach and you'll stop payment.


    Usually considered a bad thing to unilaterally cease payments to a finance company as it may put you in breach.
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