Mis sold car on a PCP deal – Incorrect transmission/fuel type

[D Lohan]

My partner recently purchased a BMW 320i M Sport (67 Reg) on a PCP deal. This was bought through a car buying website and was delivered on 28th June.

He was searching for an automatic diesel and found a car. He paid the deposit to secure it, received the finance documents and prior to signing noticed that it said 320i instead of 320d. He queried this as it had been advertised as an auto diesel to which the car buying site looked in to and then informed him that it was in fact advertised incorrectly and is a petrol. He agreed to proceed but when delivered it was a manual, not as advertised.

My partner part exchanged his own vehicle as part of the deal which meant there was no option but to drive the new car. He rang them as soon as he realised and nobody at any stage informed him not to drive the car while they were looking into his options.

The car buying site keep promising call backs but never do.

He’s been told all along that they’ve been looking in to alternative cars as part of a swap or will pay a compensation fee if he agrees to keep the car.

Only yesterday, 17th July, the car buying site informed him that BMW, the dealership, wouldn’t take the car back as he’s driven it more than 30 miles. He’s been offered £600 as a goodwill gesture to which he’s refused. They’ve requested a counter offer.

Please help!

[Stuart Masson]

Unfortunately, the time to reject the car was before driving away in the new car, not afterwards. I’m not sure why there was “no option but to drive the new car” just because the old one was being part-exchanged. If you had rejected the new car before taking delivery, you could have kept the old car and claimed that the contract was null and void because the new car was not as ordered.

Buying through a third-party site will probably complicate the rejection process, although you are still buying the car from the dealer and should be able to point to the order form and finance agreement, both of which should show that the car is supposed to be an automatic.

[D Lohan]

The old car had already been collected that morning by a car buying company. The new car was delivered late afternoon while my partner was still at work, signed for by his mother. That’s the reason he rang as soon as he arrived home and noticed the problem.

[Stuart Masson]

Then it wasn’t a part-exchange, it was a separate transaction unrelated to the purchase of the new car.

You’ll have to keep arguing the toss with the dealership, but if they won’t accept a rejection then you’ll probably need to seek legal advice.

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