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Garage to pay for repairs used car repairs, but discription different to car???


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Hi all, Ive got a question! Ive seen a few threads on the subject but not about my exact issue so any advice would be greatly received please. I don't want to say too much as its not 100% sorted yet but you'll get the idea. Oh and im also dyslexic so hope this reads ok.

 

I bought a car just over a week ago from one of the UK's biggest car dealerships and on my journey home the car wasn't preforming as it should. I contacted the garage immediately and after some back and forward conversations and my local garage carrying out a full diagnostic test and inspection the dealership have agreed to pay my local garage to carry out the repairs and some other small problems that Ive found in full so I'm very happy with that.

 

However when Ive looked over the original advert on Auto Trader the description states that the car has a leather steering wheel, multifunction steering wheel and cruise control. The car does have a leather steering wheel but no multifunction buttons or cruise control. Ive priced up the parts from my local dealership and a new multifunction wheel, cruise control indicator stalk, wiring harness and factored in 3.5 hours labor- - new wheel £490 including VAT - new cruise control stalk £80 including VAT - wiring harness £27 including VAT - 3.5 hours labor at £175 Total = £772.00. What do you suggest I do now?

 

I am thinking I will email and send a recorded delivery letter the dealer principal stating what I have just found out above and that the car is not as described i.e. miss sold and would like them to fit the parts that where advertised or pay me the money it would cost to buy and have them installed. I would give this a couple of attempts then off to the small claims court via there online service if I had no success.

 

So here is my main question, do you think I have a chance? I have the original advert clearly stating what was on the car so is it just a case of miss selling? Or what is my best course of action, i.e if they agree to meet me half way should I just accept that? Many thanks in advance. Jim

Edited by Conniff
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Was it a misleading advert or a genuine error. I don't think you will have any success in fitting of the parts you say aren't there and I doubt a court will back you up either.

 

Check the chassis number and acertain the model you have is the same as the badge on the back. Your best hope is that you can get a payment of the difference in value of the two cars which won't be the same as the cost of fitting what you have quoted, or maybe even get a refund

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Was it a misleading advert or a genuine error. I don't think you will have any success in fitting of the parts you say aren't there and I doubt a court will back you up either.

 

Check the chassis number and acertain the model you have is the same as the badge on the back. Your best hope is that you can get a payment of the difference in value of the two cars which won't be the same as the cost of fitting what you have quoted, or maybe even get a refund

I think that this needs clarification.

If you bought the car on the basis of the description then there is a breach of s.13 SOGA.

 

On the other hand, if you visited the garage and inspected the car then it could well be that a court would say that the advertisement is not the factor which prompted you to buy the car.

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Thanks for the replies Conniff and BankFodder.

 

I feel the car was miss sold by the fact it advertised premium features that it does not actually have, that to me is miss selling and weather it was by accident or not doesn't seem to be the issue. I read somewhere that items should be as described. So I think this was described inaccurate.

 

I am very happy with the car, it's quite a rare one and has taken 6 months to find so I don't want a refund, along as they go ahead with the repairs.

 

What attracted me to the car was the top spec on AutoTrader, i.e. sports seats, dual zone climate control, cruise control, multi function steering wheel etc...

 

When I was on the test drive I was too busy checking there was no rattles, bangs and bits and pieces you look out for on a test drive.

 

So now that I've had the car for a while and had a better look around I have now noticed the lack of the two items and checking the AutoTrader discription I see the discrepancies.

 

Like I say I don't want to get rid of the car but feel if it was advertised, it should have it.

 

Well that's my thinking anyway.

 

James

Edited by Jamesbrit1
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You also have to look at 'reasonableness'. It is the sellers choice as to repair / replace and that is based on the cost of the work involved. He could even offer you a full refund.

Edited by Conniff
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What attracted me to the car was the top spec on AutoTrader, i.e. sports seats, dual zone climate control, cruise control, multi function steering wheel etc...

 

The steering wheel turns left and right, so it could be construed as multi-function

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The steering wheel turns left and right, so it could be construed as multi-function

 

Haha, cheers Kiki that's very helpful, I never thought of that.

 

Yes they could offer me a refund however I would then try to negotiate as I really like the car, it's just a case of looking back at some of the things that attracted me to the car in the advert are not there.

 

James

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