New Car ordered – Wrong one arrived! Where do we stand?

[DOROTHY MOLES]

Hi, Has anyone had an experience like this before and what should we do?

On 8 May we ordered a new Nissan Qashqai, automatic, petrol. On 31 May the car arrived. We took it home from garage and left for holiday the next day.

When we got back a week later the registration document had arrived and we discovered it was automatic diesel. We took it right back to the garage who said they would order the correct one for us. Now 6 weeks later, they say they cannot get one. Our old car has gone and we have had to start paying the PCP.

Their offer to us this afternoon is that we should accept the car that arrived (the diesel one) and when they can get a petrol one next year, due to WLTP (?) they will give us a big discount!

What is your advice on this? Currently, we have no car and they have not offered us anything or any compensation.

[Stuart Masson]

Hi Dorothy. Unfortunately, it’s more complicated because you’ve taken delivery of the vehicle more than a month ago.

Ideally, you should have noticed this before driving off in the vehicle and that would have made life simpler. The dealer could argue that you had a chance to inspect the vehicle and that you accepted it. It’s unlikely that would wash in a court, but it may be used as an excuse to try and pressure you into keeping the car.

If you formally reject the car, you will no longer be eligible for a full refund under the Consumer Rights Act as you didn’t do so within the first 30 days, so you’d have to argue it out with the dealer and Nissan UK head office if necessary.

WLTP is a new emissions standard and is causing manufacturers (and dealers) some problems in supply. However, that does not mean they can get away with simply supplying the wrong car and expecting you to live with it.

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