advice on mis sold car needed

[nathan_b]

Hi there i found this site due to a google search on help needed regarding a car i've just bought that has been mis sold. 10 days ago i took receipt of a used (2009) Hyundai Santa Fe and after having it for that time i've noticed lots and i mean lots of differences between the advertised car (including verbal information from the salesman), and what is actually on the car. I understand i should have been more prepared when i bought the car, but the new shiney car syndrome set in unfortunately.

 

I've written a draft letter to send to the MD of the dealership with my reasons for wanting to reject the car. Could someone advise me if this sounds fair and do i have a leg to stand on:

 

I am writing to you to inform you of my intention to reject a vehicle under the Trade Descriptions Act 1968 which i recently bought from your dealership in -----------. The car in question is a 2009/59 Hyundai Santa Fe 2.2 CRDi CDX(GSI) in Blue Onyx, Registration --------.

 

I have been mis-sold the car not only by the description on the advertisement but also via questions asked and information given to me during the test drive and whilst the deal was being negotiated.

 

The advertisement in question, to which i have a copy of, states the vehicle has a CDX trim level, also, i was advised by two of your sales people that the car does in fact have a CDX trim level. The reason i started to query this is because it needs to have a seat back replaced, when it arrived it was a BLACK CLOTH seat back when the vehicle in question has CREAM LEATHER which should not happen with the cars details on a computer system. I have now done extensive research and also obtained expert opinion on the matter. Here is a list of SOME of the problems with the cars trim level:

 

The car has cream leather trim, but does not have the red piping around the seats and head rests which is the standard specification of CDX trim level Santa Fe's of this age. In fact, from what i understand, the seat design in the vehicle I have purchased (Mk3 Santa Fe 2006 up to 2010) comes from the Mk4 (2010 onwards) Santa Fe.

 

The carpets are charcoal / black and the lower dash trim is charcoal / black which is completely wrong for a 2009 Santa Fe CDX with cream leather. The colour combination should be cream carpets and cream on the lower part of the dash board.

 

There is no electronic drivers adjustment which came as standard on the 2009 Santa Fe CDX

 

The front seats do not have a heat function which came as standard on the 2009 Santa Fe CDX.

 

The alloy wheels are completely wrong for the CDX Santa Fe. They are GSI alloy wheels.

 

There is also no CDX badging on the vehicle what so ever.

 

I believe i have been mis-sold a lower trim level GSI Santa Fe which has had leather seats fitted.

 

Any sales person who deals with these cars on a daily basis should have noticed these inaccuracies when performing an initial inspection of the car and because these mistakes are massive, it should be your duty to inform the customer.

 

 

On top of my aggrievances stated above, i have also been mis-lead to believe the car had a 4WD system. Again, the advertisement clearly states '4WD system - torque on demand with lock in 4WD'. I also mentioned this a 2 occasions on the test drive and was not informed that it was in fact a 2WD vehicle. In fact the sales person and i had a chat about the snow last year and how your dealership had an influx of people wanting to buy "a 4x4 like this, the Tucson and the IX-35". The sales person also mentioned further on into the test drive that the Santa Fe was one of the most economical '4x4's' in it class.

 

I believe that not only have i been mis-sold this vehicle on basic, intermediate and advance errors in the vehicle description, both written and verbal, but have been given mis-guided written and verbal information about the inclusion of a 4WD system.

 

I understand that you run a very good dealership with a very loyal customer base and mistakes do happen, but i also expect you to fully accept that these mistakes were your fault and it is your duty to rectify them in line with the Trade Descriptions Act 1968.

 

I intend to reject the vehicle and would accept a full cash refund of £15995, or my part exchange back (2009/59 BMW 318d - E91 - M Sport Touring - registration --------), plus the cash i paid on top of the part exchange for the vehicle (£500).

 

Thanks in advance to any advice given.

 

Nathan

[dx100uk]

clearly a case under soga return it

 

if you paid by card

cancel via chargeback too

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaataglance

 

dx

[nathan_b]

thanks do you think the letter is sufficient?

[Lisa G]

Is the year of SOGA you are putting on correct? Im sure my letters as advised by consumer direct are 1979? Good letter but I would probably put the 4X4 bit before the seats, as I think the most important mis sell bit is the 4X4.

[nathan_b]

ok thanks. You are right in the SOGA being 1979, i was refering to the trade descriptions act 1968, but to be honest i think mentioning SOGA may be more beneficial to me in this scenario

Edited November 20, 2011 by nathan_b

[raydetinu]

Yep see how they respond!

[nathan_b]

Just an update. I've spoken to the dealership in question and they offered to search for a better replacement, or give us our part exchange plus cash back. They did all this with no fuss what so ever and i'll now recommend the dealership to anyone looking for a new car.