Misold A Car?

[cp33c]

Hi All,

 

Almost 2 years ago, my wife purchased a Vauxhall Meriva 1.6. During the test drive I voiced my concern with the salesman that it didn't feel like it had any power. He explained that he thought it was strange as it was the injection model. He then said he'd get one of the technicians to take a look and when we picked it up all would be fine. Anyway we signed all the paperwork and we picked the car up.

 

Fast forward to today, the car has been out of action for around 8 months with an engine problem, but not had the money to get it fixed. So while I had some spare time I decided to take a brief look myself (little engine exp.)with a neighbour (ex. mechanic). Anyway, so we opened the bonnet and started work. All of a sudden my neighbour stops and says that he hasn't seen a carburetor in years, at which point I explain that the car is injection. He decides to correct me, which then leads me to look at my paperwork which states that I was sold a 1.6 injection.

 

So my question is, is there anything I can do about the fact I've been sold a different 'type' of car to the one on my paperwork? I've done a brief history check on the meriva and they did sell an injection and a non-injection model. I bought the car from a Vauxhall dealership as well as an ex-demo.

 

Our plan is to get to the car fixed and hand it back under the finance agreement

 

Thanks in Advance

[Conniff]

Yes there is plenty you can do as you are covered agains mis-selling for 6 years.

 

Try and price the difference in the model you have and the one you thought you were getting and ask for the difference in price from the dealer that sold it to you. Do this before you hand it back and get yourself some pennies in your pocket.

 

Who was the dealer?

 

I take it the car is on HP seeing as you want to hand it back, is that correct?

[cp33c]

Yep thats correct, although through an independant finance company.

[Conniff]

That's ok then as you can't do this with some finance packages.

 

Do what I suggest before you get rid of it, don't let the dealer get away with misselling. It shouldn't be too hard to do.

[buzby]

It wasn't mis-sold - just mis-described verbally. If all you are relying on is what the salesman said to you (not your invoice or car paperwork/manual) then your room to claim is limited. Two years is a heck of a long time to discover you have a different model, 2 months would be about the limit, and during this period you would be expected to ensure the car did what it was supposed to do (in your understanding) and if it didn't - raise these concerns at this time. Coniff is assuming you can get an admission that you were promised by the salesman, was this witnessed?

 

This late in the game, you would be deemed to have accepted it as it stood, and simply appear at you trying to get out of your finance deal and using this as an excuse (and even assuming you do wish to do this, you will be financially disadvantaged anyway. You will not get your money back.

 

I'm aware of other (similar) claims - supposed ABS, Anti-Skid - features verbally 'promised' by the salesman that were not in place for that model. The cut-off for claims was around 6 months, not open-ended.

[Conniff]

It was misdescribed, so subsequently missold.

 

which then leads me to look at my paperwork which states that I was sold a 1.6 injection.

 

So there is paperwork in his favour.

 

The 2 months is the reasonable time limit on a rejection (although it can be at any time if a judge decides there is a case). I would say that ABS etc; is a bit lower down the scale than an injection v carb, this makes it a completely different car, and because of the anomoly in vehicle reg dates, a different model.

 

This is a man (likes lots of others) whose limited knowledge of cars was taken advantage of.

Edited May 4, 2010 by Conniff

[buzby]

Unfortunately, if the purchaser is not competent to be aware of deficiencies of their purchase, this still does not keep the 'door open' for a subsequent rejection. Being 'taken advantage of' is also often called 'salesmanship'. Without proof of the claim, it becomes one word against another. Fortunately, with the paperwork confirming it was an injection model, this helps - but not much. It does not invalidate the sale, simply the price paid. In similar situations the dealership only has to recalculate the vehicle sale price to that of the correct version which could be a difference of just £200 on a s/h vehicle. If the dealership pays the difference for their 'error' it will be seen as a goodwill gesture, and any other issues raised this late in the day (in which the car has done what it was supposed to do sans injectors).

[cp33c]

Thanks for advice Conniff and Buzby. I'll gather all the evidence I've got of it being a injection and approach the dealer.

 

I've got nothing to lose so might as well try

[buzby]

Absolutely. Lean heavily on your disappointment in performance, as a guilt trip (for them) can work in your favour!