NEW MEMBER NEEDS HELP dealer sold me a car thats faulty and wrong model

[barbara1406]

i have just brought a car from a dealer in southampton called netley marsh car sales on 30/04/2009 which is a couple of days ago.

 

im not a mechanic so when i took it out for a test drive it seemed ok but the dealer left no petrol in it which meant i couldnt go far at all.

the car i wanted was a vectra 1.9 cdti 150 bhp. the garage advertised it as that model at 3995. up till the point even when he got the money he still said its the 150bhp model.

 

when i drove it home that day i looked more thoroughly into the paperwork and realised its the 120bhp the standard model. (i was absolutely fuming) not only that when my partner got home that evening he test drove it and there is a big problem with the clutch as it was rattling at the biting point.

other things include he said he will fix the clicking noise which came from the cd player but in fact it isnt it was the heat settings if you turn the knob to cold air the mechanism inside starts clicking several times really loudly when you start the car, he said he would do the tracking as the car is pulling to the right but he hasnt done that either, the central locking has a fault, usually 1 click opens drivers door,2 clicks to open all the others, the remotes stops working after the 2nd click. so if i pressed the button the 2nd time and doesnt unlock passenger doors i cant press it again to open it as it doesnt work. i didnt know this until i tried to get into the back seat

 

i have spoken to consumer direct and i should write to them because of the sales of goods act.

 

i am planning to go up to the garage on sunday to speak to him about all this as i dont want this car, he did false advertisement with the car, put the wrong mileage. its at 76k but he advertised it at 66k and the wrong model.

 

now am i in the right to reject this car and demand my full refund?

 

anybody please help. consumer direct just kept saying send them a letter and wont really advice me on anything else. :-?

[citizenkain]

Hi barbara,Im sure you are supposed to get seven days no hassle return with cars anyway,but Im sure someone more in the know will be along soon,dont worry

[barbara1406]

UPDATE

 

i spoken to the guy up at the garage and he has fogged me off saying its a nice car, and said diddums because its not the 150bhp and its the 120bhp. and what was i expecting it to be a ferrari and he said im not having my money back. how rude is this guy.

 

so im now writing a letter for him, when they say reasonable time length how long shall i leave it to be classed as reasonable?

[Conniff]

There is no definition of 'resonable', but 3 days will definately not class you as having accepted it.

 

If you want a refund then list all the faults, the false advertising and anything else, and tell him under the soga you are rejecting the car and give him 7 days to reimburse you.

 

You should'nt use the car any longer and tell him where to collect it from as that is part of his duty under rejection.

 

You can only reject a car in writing, so either deliver it by hand, getting a receipt for the letter, or send it by recorded delivery.

[gwc1000]

Whatever you do, keep a copy of the advert.

You wanted the 150bhp model, he advertised it as a 150bhp, and told you it was a 150bhp. This is misrepresentation, and you have a good case.

Give the dealer (in writing) I would go for 14 days, to give a full refund, and then issue proceedings in the County Court.

I cannot see any problems.

[barbara1406]

do i have to give more time than 14 days or after 14 days then start the case straight away??

 

it will be 14 days from tomorrow which is the 18th. im starting to struggle without a car now so i want to act asap

 

 

thanks for the help.

[raydetinu]

14 days from when you sent the letter. but nothing stop you starting the procedure now. Once they get the court forms they may see sense? and that you are serious.

[zootscoot]

As it is a sale in the course of a business s.14 of the Sale of Goods Act applies and the car must be of satisfactory quality. The car must also be as described under s13 although the fact that you saw the car before buying it may stop you being able to rely on s.13. There is also a misrepresentation relating to the model of the car which may give you a right of action at common law for negligent misrep. They have also committed an offence under the Trade Descriptions Act. Whilst this does not give the consumer a remedy a threat to report them to trading standards can give you leverage in getting them to reach a compromise.

 

Further details on Sale of Goods Act and misrep can be found here:

 

Misrepresentation

 

Sale of Goods Act 1979 and Supply of Goods and Services Act 1982