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car not as described


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I bought a used car from a dealer back in December 2014. the car was advertised with features which were later not found in the car such as parking assists, start stop technology. I found this a week after purchasing the car when I tried to use them. I contacted the garage and they refused to take responsibility stating their t's&c's - they have a 'please note' section at the bottom of the advertisement stating 'garage is not responsible for any missing specifications as there is always some variations with the models, it’s the buyers responsibility to check features prior to buying’ , which I was not informed of at the time of the purchase.

 

As i made part payment thorough a credit card, I raised a section 75 claim, but this was rejected on the grounds that I visited the car and should have checked these features prior to purchase and the please note section.

 

Could anyone advise my rights in accordance with sale of goods act? is it worthwhile pursuing this further by getting a solicitor on board?

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Thanks for your reply. I did test drive but did not check if car have all the advertised features, I felt it was more important to check the condition of the car - wear and tear, engine etc. In hindsight, should have checked these before paying.

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Sounds like the garage 'over-spec' the cars and then refer disappointed owners to T&C's. Why have you left it for over 6 months though, the delay won't help if you do decide to take action?

 

Thanks Ed

I raised this initially with the credit card company as a section 75 claim (part payment was made through credit card), their investigation took around 8 weeks and they turned down the claim stating as 'I have test driven the vehicle I should have checked the specifications before purchase'. I raised this again as I was not satisfied with the outcome which took another 8 weeks. They provided with the same reasoning second time around.

I am unsure if they have investigated this properly as there is no mention about the sale of goods act and what it states in relation to seeing the product prior to purchase.

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Firstly, having terms and conditions like that is attempting to take away a consumers rights and are unlawful, you could bring this to the attention of Trading Standards.

 

Secondly, and unfortunately, things you could have and should have noticed at the time of purchase aren't the sellers responsibility. Sale of Goods Act 1974 (as amended).

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