vauxhall incorrect brochure stahndard specification

[movano]

Hi everyone some advice please, to try and cut a long story short

 

I purchased a brand new vauxhall movano a year ago now 12 reg no previous owners. The sale was agreed over the phone in view that the dealer was 300 miles away, The van was a standard van, standard spec etc . So i never viewed tha van it was brought from information contained in vauxhall brochure and the van was the dealers physical stock so no factory order.

 

When i arrived at the dealers to collect the van it was damaged large scratch down one side the fiasco that followed to reject the van and pentagon register a new one again from stock took all day, so there was no time for a proper handover let alone a test drive.

 

Part of ther standard spec is a fully adjusatable drives seat which quotes as being tiltable, when the van was handed to me it was dark and by this time i just wanted to get home i asked the sales lady wheres the seat adjustment she did not know, i did not arrive home that day until midnight

 

there were other issues more to do with money owed on my trade in etc, but i phoned the dealer the next day confirming the seat did not adjust as it stated in the brochure, they confirmed the van was the standard spec so thats all they could do. I also copied vauxhall customer service at the same time.

 

for several weeks i discussed option with the dealer ie replacing the seat etc becuase clearly i was not getting on with it, i did confirm that the vehicle was not as described and i wanted to reject it.

 

vauxhall then confirmed my contract was with the dealer and not them so its thier problem, pentagon maintain its a manufacture problem ie incorrect specification in the sales brochure and not thier problem

 

this has been going on for a year with now with Vauxhall i have confirmed on several occaissions the vehicle specification is incorrect in the sales catalouge so the veichle is not as described and i want a full refund under the sale of goods act etc.

 

They have confirmed the specification is correct but will not confirm the adjustments to the seat as noted in the specification and focused areas in the sales brochure, instead they have used differnt discriptions being carefull not to mention tilt action as the sales brochure.

 

I have also been told i should have test drove the vehicle, Vauxhall can change the specification without notice, no one else has complained,I have been using the vehiucle so therfore i accepted it, basically all the excuses under the sun and given the complete run around by Vauxhall and the dealer.

 

vauxhall has now issued a new movano sales brochure and suprise suprise they have altered the wording on the seat adjustment and there is now no mention of any tilt action at all.

 

I have confirmed this to vauxhall in email as i have everything else, propbably about 20 emails so far i have threatened court action and now have no alternative as they state they will not take the matter any further

 

any advice

[huggy41]

i have threatened court action and now have no alternative as they state they will not take the matter any further

 

do not threaten court unless you intend to follow though with it.

[Conniff]

So you have a brochure that says the seat tilts as well as the usual movements but the van does not have this ?

 

If that is how it is, then you write recorded to the seller, (not the manufacturer), and tell them the van is misdescribed and what do they propose to do about it.

If you can manage with this seat, then you might like to see what refund you can get from them.

 

Going from what you say, they will reply that it is nothing to do with them. You now must decide if you want to take court action. They are correct in that the manufacturer changes the spec without notice, but they should also update their sales material otherwise it is selling something that has been falsely advertised.

 

If you should decide to go through the courts in an attempt to have a reduction in the sale price or the seat as specified fitted, then try and find out locally how much to supply and fit what you were expecting.

 

If you are not happy at all with what they say, then next letter can be the same as the first but in bold at the top it should say 'Letter Before Action' and you can add that if no satisfactory response is received from you within 10 day then action will be taken without further notice.

 

Don't threaten court if you do not intend to go through with it, it debases the whole system.

 

The amount you are asking can be done through the courts on line - https://www.moneyclaim.gov.uk/web/mcol/welcome

[movano]

Thanks for the replies

 

i really exhausted all avenues with the supplying dealer including upgrading the seat only to be told these are factory order and can not be fitted after or at a dealers!!

 

Pentagon the dealers have basically stated that there is nothing further they can do i have confirmed this to vauxhall and confirmed that i have no alternative but to reject the vehicle in view that is not as described in thier brochure and require a full refund this was done over 6 months ago and has been just going backwards and forwards ever since.

 

Eventually i have given vauxhall 14 days notice and confirmed that i would take further action

 

thay have staed that my contract is with the dealer so should i be making a claim against Pentagon and not vauxhall. Pentagons argument has always been Its a vauxhall brochure and specification, and they manufactured the vehicle so is it not vauxhalls problem with false advertising.

 

yes i have copies of the brochure i purchased my vehicle from wich clearly state i quote seat cushion adjustable for tilt

 

thanks

[Conniff]

It is always the sellers responsibility, Sale of Goods Act 1979 (as amended). If you reject it, then you shouldn't be using it. You will not get a full refund, you won't be entitled to one.

[movano]

thanks for the replies, yes i have the origonal sales brochure and the now revised one. the origonal brochure does confirm seat cushion adjustable for tilt.

 

The supplying dealer Pentagon has alwyas maintained it is vauxhalls problem in vire that they manufactured and speced the vehicle and produced the sales literature.

 

Vauxhalls have maintained my contract is with Pentagon

 

It has been confirmed by email that i have no alternative but to reject the vehcile and expect a full refund under SOGA. probably 6 months ago and a few other times in between. I gave them 14 days to reply threatening to take the matter further

 

I have been informed that upgraded seats can only be installed at time of order and at the factory

 

the vehcile mileage is 5,000 no damge at all,

 

I have confirmed tyo vauxhalls that i do not use the vehcile due to problems with the seat, i have also tried to use bolster cushions and seating aids purchased by myself, i have confirmed these never worked

 

should i be taking action against the supplying dealer or the manufacture who after all manufactured the vehcile and priduced the sales brochure incorectly

[Conniff]

It matters not, it is always the sellers responsibility.

[movano]

oh dear

 

thanks for the advice and your time

[Conniff]

Here's a good read: www.parliament.uk/briefing-papers/sn02239.pdf

[movano]

thanks that was an interesting read bangs head on desk