Do I have a claim to take to Small Claims Court?

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smaryneedham
smaryneedham Posts: 5 Forumite
in Consumer rights
I purchased an automatic car on 12 Feb which turned out to be semi-automatic. I asked the salesperson where P and D were on the gearstick and was told that Toyota have E and N instead. I asked what E stood for and was told "easy" it actually turns out to be Eco. I wanted an automatic and think that the salesperson should have a modicum of knowledge of the car she is selling and that because I wasn't told about the "semi" bit that I was mis-sold. I have contacted the showroom who have sent a final letter refusing a full refund because "Most automatics have a semi-automatic mode which has the ability to be driven fully automatic which your vehicle can do." This response makes no sense as yes a fully automatic can be driven semi but not the other way around. So as they have given a final response, and are not part of any ombudsman scheme am I likely to win a case in Smalls Claims Court?
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  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357 Forumite
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    Before going to court, try Trading Standards and the vehicle manufacturer, if you bought it from a franchised dealer.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Most vehicles which offer a semi-automatic mode (e.g. "flappy paddles" gear change) also offer a full auto mode.

    Which exact model did you purchase?
  • smaryneedham
    smaryneedham Posts: 5 Forumite
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    It is a Toyota Aygo purchased from Carshop which is a national car warehouse. It has no paddles, just a gear change which only works in semi automatic. This means having to find the bite point when hill start which I really didn't want to have to do. Minor issues I know but I wanted to let my daughter use it who only has an automatic licence so this is very different to her. I paid £6700 for it and think it is too much for a car that wasn't as described. I will try trading standards Owain Moneysaver
  • reason2
    reason2 Posts: 362 Forumite
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    The aygo can be driven in fully auto mode...

    usually there is an A or E etc where the car is in full auto and then you can move it further to a semi auto and change yourself.

    Id be stunned if there was a model that didnt have full auto mode
  • reason2
    reason2 Posts: 362 Forumite
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    looking at the aygo gearstick there is an M to the right which is the semi auto mode, + to go up a gear - to go down, to the left is an E, which is automatic, above that an N for neutral and and R for reverse.

    If it isnt working in E, then it sounds like a fault.
    But also remember, in manual we tend to change gear at 2-2.5k revs and fully auto will go up to 4-4.5k
  • DoaM
    DoaM Posts: 11,863 Forumite
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    reason2 wrote: »
    But also remember, in manual we tend to change gear at 2-2.5k revs and fully auto will go up to 4-4.5k

    It'll actually depend on load on the engine/gearing ... gentle acceleration on the flat (or slight incline) would likely see gear changes happening at lower revs versus hard acceleration.
  • bris
    bris Posts: 10,548 Forumite
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    edited 12 March 2018 at 4:57PM
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    No you won't win as it is a fully automatic car. Having a semi automatic feature is like nearly every automatic car on the market now.


    You comment about the bite point on a hill is a really poor excuse. You should always apply the hand brake on a hill no matter what kind of car you drive. Perhaps you could give your daughter more lessons on hill starts to cure the problem?
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Many vehicles now have electronic brakes, so you don't really have the same level of control for releasing the "hand" brake. That said they're usually quite good at automatically releasing the brake when you pull away - provided you apply enough revs.
  • smaryneedham
    smaryneedham Posts: 5 Forumite
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    There is E which is what i put it into to drive. According to Halfords they told me that the gearbox is manual with only semi automatic function. I have no clue about gearboxes but assumed they would be right? I have driven automatics for years and have never had the rolling back on a hill with an automatic before so I am finding it awkward and a bit scary when drivers pull right behind me in early morning traffic on the hill into work.
  • smaryneedham
    smaryneedham Posts: 5 Forumite
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    It was Halfords who advised it is a manual gearbox with a semi-automatic function. Yes my daughter could re-learn but my point is that I thought was buying a fully automatic car which the salesperson knew. This isn't really the issue. The car was advertised as "automatic" and at no point was I advised otherwise. I have paid money for something I didn't want which is why I feel a full refund is in order
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