7 March 2018 at 3:59 pm #129472
Hi, I have recently bought a used Jaguar that is 6 months old from a Jaguar dealership. I was offered by the dealership as part of the agreement to purchase a service pack that pre-pays for annual servicing for 5 years. I ordered the additional service pack for a fee of £600.
I collected the car two weeks later and was told by the sales manager that they wanted to withdraw the service pack as it was only meant for brand new cars. It doesn’t stipulate this on their website and the sales manager agreed it with me at the time of order as I said clearly that it was a deal clincher.
Can the dealership do this and refund the cost against my will and if so can I reject the contract and return the vehicle?
8 March 2018 at 10:02 am #129524
Hi Chris. If you have taken delivery of the car, it’s now rather difficult to reject it after the event.
Regardless of whether the dealership has made a genuine error (more likely) or was deliberately lying to you with no intention of ever honouring the service plan (less likely), they did raise it with you before you drove off in the vehicle. If you wanted to cancel the contract or negotiate a new service offer, that was the time to do it. By taking the keys and driving away, you have effectively accepted the car and the amended contract.
Had they said nothing and then told you after delivery that they were withdrawing the service plan, you would have a case to reject the car.
They have probably been rather naughty in only raising the matter when you were there to pick the car up, rather than calling you when they first noticed the issue (which was almost certainly a few days prior, rather than only realising on the day you went in to collect the car).
They should have called you, acknowledged the error and made an alternative offer. By leaving it until you turned up to collect the car, they would have known you were unlikely to back out. However, you needed to stand firm and refuse to take possession of the vehicle unless they honoured the contract.