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jacktheband

Just bought a car, but 2 advertised pieces missing!

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Hi,

 

My friend has just bought a used BMW from a Used Car Dealer for £1400. He had originally saw the advert for the car on a classified ad on Ebay. The advert (which he has printed off as proof) clearly states that both service history and a CD player were included with the sale.

 

He drove 150 miles (Plymouth to Bristol) to see the car at the company's forecourt, decided he wanted it and paid a £300 deposit. They told him to come back in a week to collect the car so that they can do an MOT on it and have it ready.

 

Today, he has drove back to Bristol to pay the remaining amount and pick up the car. He paid the the oustanding balance by debit card and was ready to take his newly-bought car home. However, when getting into the car he noticed that there was no CD player in the car and no service history given to him. He asked the person taking the payment (the company's mechanic) where the service history and CD player were. After a quick phonecall by the mechanic, he was told that the car did not come with a CD player or service history.

 

My friend then explained that he was not happy as this was an integral part of the sale and therefore he might not want to continue with the purchase. The mechanic said that he had no decisional power in this as he was just a mechanic and the salesperson who had dealt with the sale the week before was not going to be back until 6pm (5 hours later). Therefore, my friend decided that he had no choice but to make the drive back to Plymouth with the car as it was not really feasable to remain in Bristol for the rest of the day to see the sales person.

 

My friend (who had then driven back to Plymouth with the car) called the sales person at 5pm over the phone and was told he was with another customer and would be called back in 20 mins. After 30 mins, my friend called them again to be told that he'd now gone out but he'd call when he's back (still hasn't happened).

 

So, if anyone could help advise what my friend should do? He's been sold a car which is not as advertised. Ideally, he wants the CD player and service history which was advertised as coming with the car. But if a service history is not available then he feels that the company should refund him the amount that the car's value would be decreased by not coming with a service history (approx £400 by his reckoning) plus the cost of buying a CD player.

 

Any ideas what his next steps should be and what his rights are in this case?

Edited by jacktheband

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report to trading standards


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I would print a copy of the advertisement and send it to them recorded with a demand that a cd player and the service book is sent to you. Tell them they have 7 days or you will reject the car for a full refund plus your costs of travelling to Bristol.

 

If you do reject the car, you shouldn't use it again and it will be up to them to collect it.

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I agree with conniff here -clear breach of the Sale of Goods Act - item sold not as described.

 

Unless you feel that the car is a real bargain I would reject it and go elsewhere. Its a buyers market at the moment with loads of good deals to be had.

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That sounds so like the Bristol place that my daughter went to buy her first car from. She had a lucky escape as the tales they gave her didn't add up, so because the car "wasn't ready" when we went to collect, I was able to point out all the flaws as all the tales emerged and get her turn down the car that wasn't what they said it would be - before going back again. Our only loss was petrol and about 30 phonecalls. It was suprising how "busy" the salesperson was and how "just the valeter" sounded so like the sales person. Can't remember the name of the company, but would recognise it again.

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