Our new car is not as described

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This topic contains 9 replies, has 2 voices, and was last updated by Stuart Masson Stuart Masson 3 months ago.

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  • #87022 Reply

    Clarabell33

    Advice needed please! We’ve just bought a 2nd hand car from a dealer. It was advertised on the website as having low mileage for its age (2 yrs), so we test drove it, liked it and bought it.
    we were in a hurry because we were concerned that our old car needed replacing and didn’t want to be without one – and stupidly didn’t double check the mileage on the car. We got it home to realise it was double that which it had been advertised at (31k not 16k).
    The documents we’d later signed after we’d paid our deposit did have the correct mileage on them, but the initial printouts the dealers had given us after the test drive when we were still thinking about it had theh incorrect mileage on and I remember checking it on them.
    We feel we’ve made a mistake in buying this car at the price we did – or possibly at all. We know we should have checked and feel stupid – but what can we do? Anything? Do we have any rights?
    Thanks for any advice you can give us.

  • #87023 Reply

    Clarabell33

    Oh yes, and we’ve just realised that the wrong mileage is on the warranty documents as well!

  • #87040 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    If you have the original advertisement and any material from the dealership that shows the mileage as being 16k, then you may be able to go back to the dealer and negotiate some compensation for the mileage being higher than advertised. Visit legalbeagles.info which has some great consumer advice.

    You should definitely get the warranty documentation corrected and re-issued by the dealership, and then you should also double-check with the warranty company that this has been done correctly so that it doesn’t cause any problems if you ever need to make a claim.

    If you’re hoping to be able to give the car back and get a refund, you’re likely to be well out of luck. By your own admission, the contract shows the correct mileage. If you didn’t check the details of the contract before signing it, that’s not the dealership’s fault. They could swear on a bible that there was an error in the advertising and that was pointed out to you by the salesman, and you can swear blind that he never said any such thing, so it all comes down to the contract.

  • #87045 Reply

    Clarabell33

    Thanks for the advice. We’ll check out legalbeagals.info tonight as we will be speaking to the dealers tomorrow.
    In terms of paperwork, it’s only the signed invoice which has the correct mileage on it: the advertisments and warranty (which is signed twice on 2 separate pages and has the incorrect figure on twice) are all showing the wrong figures.
    Anyway, we’ll check out the site and see where we get.
    Thanks again.

  • #110906 Reply

    Tariq Khan

    Hello, I have purchased a car from Bristol street motors which had the incorrect mileage when I purchased the vehicle. The difference is just over 1600 miles, the dealership has offered me £150 compensation and is stating that the difference was actually £50. I have had a number of issues with them since purchasing the vehicle, as they never settled my previous finance and this meant I was paying 2 lots of finance which is illegal from my understanding. I believe I should be offered more for all the inconvenience I have gone through since December, please see there latest email below…

    “Good Morning Tariq,

    I have been doing some calculations based on the mileage difference. I have valued the vehicle with the advertised mileage and also with the actual mileage the difference in valuation terms is £50, 49000 miles value is £4850 and with 51532 miles the value is £4800.

    I am willing however to refund an amount of £150.00 to close this matter.

    Please advise if you are happy to go ahead and accept this as full and final settlement.”

    Can you please advise me on what I should do?

    • #111019 Reply
      Stuart Masson
      Stuart Masson
      Keymaster

      Hi Tariq. I think you’re lucky to be getting any kind of compensation for a 1,600-mile error on a 51,000-mile car. Given that you signed the contract, the dealer could argue that you have no course for complaint.

      As for the other “number of issues”, that’s another matter.

  • #111126 Reply

    Gavin Johnstone

    Hi I bought a chevrolet spark last year from arnold clark and whilst buying we were told it’s in excellent condition. After a year we got a letter saying all chevrolets had to be recalled as there was rusty faults on the car. We also got the car serviced and MOT’d at this point and under the car is rusty and practically hanging on by a thread. We have contacted arnold clark complaints and have been told there is nothing we can do unless we can prove the rust was there before we purchased the car. This we cannot do as we didn’t realise this until it was serviced and MOT’d in February 2017 and we didn’t have a view of under the car until then. I believe this to have been missold but arnold clark aren’t listening to us. They have covered there tracks and take no blame. Whilst at a different arnold clark garage the sales manager said we have practically been missold the car. Where do we go from here.
    Thanks

    • #111128 Reply
      Stuart Masson
      Stuart Masson
      Keymaster

      Hi Gavin. Arnold Clark doesn’t have the best reputation for customer service, so I’m not surprised that you’re not getting anywhere.

      If it’s a manufacturer recall then the dealer is likely to be able to wash their hands of any responsibility. I don’t know if you will have any luck trying to get anywhere with Chevrolet now that they have completely shut down operations in the UK. You would probably need to go via a Vauxhall dealer (who are responsible for looking after Chevrolet customers now) to see if there is any recourse available for Chevrolet owners.

  • #117460 Reply

    Lisa

    Hi
    Bought a car on finance from a garage.All paper work says mileage 59992. After 6 months of ongoing problems finally it broke down. Independent inspection revealed fault at point of sale,dealer refused to pay so finance company have paid.
    But…during all this we discovered that it had MOT 6 months before I bought it with 65000 on the clock ! Traced the previous owner who states he traded it in to this dealer with at least 70000 on it 4 months before I bought it.
    Trading standards reckon I can demand a replacement refund or compensation within 6 years. But I’m not getting anywhere

    • #117472 Reply
      Stuart Masson
      Stuart Masson
      Keymaster

      Hi Lisa. If you have a solid paper trail then you should be able to make a strong case. However, I would recommend speaking to a solicitor and engaging proper legal assistance to help you, otherwise the dealer will probably try and stall you or ignore you forever.

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