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Can it be a "service contract not delivered"?


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I bought a used car (120K miles) from a local dealer 4 weeks ago.

 

As I am not familiar with roads and directions (always! shame on me!),

I made it clear that the Sat Nav system on the car is very important,

and I needed them to update for me before I took the car.

Then the sales person suggested that they will replace the DVD disc (the map data) after several days.

 

And they wrote it (says "sat nav disc to follow version xx on date xxx") on the sales invoice.

 

And I paid full amount (£5K+) and drove the car away, and

made several hundreds of travel, then

 

I found sometimes the sat nav system not accurate on some rural roads (the current disc is for 3 years ago!),

and sometimes I had to make U-turn's. This really annoyed me and

 

today I visited the dealer in person to take my new version map disc,

and the sales guy said "not arrived yet" and asked me to wait. But

 

it's been more than 3 weeks!

And they told me they will order from eBay and normally it would be 3 days!

 

Also I felt that guy was playing on me, and I lost my trust in him.

 

Another thing impact my confidence on them:

I think that sales person overcharged me 30% because when I bought the car insurance online,

the website actually showed me the estimated value of that car.

 

I don't want to have more contact with them, i.e. warranties 12 months (I bought extended one),

I want to return the car to them, and get my money back (more than £5K).

 

Can I use the fact that "sat nav disc not been delivered in a reasonable time" as part of the "sales contract" (actually "sales invoice"),

return the car and get full refund?

 

I think I would take action asap because it's been 3 weeks since I drove the car away from them. Any advice please?

Edited by LittleHelpNeeded
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doubt it.

 

its only a sat nav.

 

why cant you simply do it yourself or get a friend/relation to upload it to the sat nav?

 

most sat nav forums have the map data free already?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i think the answer to your question is no. They have promised the update so you can make a complaint on the time taken but they haven't now refused to supply it.

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I bought a used car (120K miles) from a local dealer 4 weeks ago.

 

As I am not familiar with roads and directions (always! shame on me!),

I made it clear that the Sat Nav system on the car is very important,

and I needed them to update for me before I took the car.

Then the sales person suggested that they will replace the DVD disc (the map data) after several days.

 

And they wrote it (says "sat nav disc to follow version xx on date xxx") on the sales invoice.

 

And I paid full amount (£5K+) and drove the car away, and

made several hundreds of travel, then

 

I found sometimes the sat nav system not accurate on some rural roads (the current disc is for 3 years ago!),

and sometimes I had to make U-turn's. This really annoyed me and

 

today I visited the dealer in person to take my new version map disc,

and the sales guy said "not arrived yet" and asked me to wait. But

 

it's been more than 3 weeks!

And they told me they will order from eBay and normally it would be 3 days!

 

Also I felt that guy was playing on me, and I lost my trust in him.

 

Another thing impact my confidence on them:

I think that sales person overcharged me 30% because when I bought the car insurance online,

the website actually showed me the estimated value of that car.

 

I don't want to have more contact with them, i.e. warranties 12 months (I bought extended one),

I want to return the car to them, and get my money back (more than £5K).

 

Can I use the fact that "sat nav disc not been delivered in a reasonable time" as part of the "sales contract" (actually "sales invoice"),

return the car and get full refund?

 

I think I would take action asap because it's been 3 weeks since I drove the car away from them. Any advice please?

 

The law will look at this by considering : was the(absolutely up to date) sat nav:

a) a condition (major term of the contract) "going to the root of the contract"

b) a warranty (not the "guarantee" style meaning, but a minor term of the contract), or

c) an "innominate term " (in effect : "we aren't sure"!)

 

For a condition, or a innominate term whose breach "deprives you of the significant benefit" of the contract ; you could return the car.

Unless you had "up to date Sat Nav" as a condition, rather than "Sat Nav" (which is what they'll claim!) you can't void the contract or return the car.

 

You do have a Sat Nav : it's just not entirely up to date, and sometimes you get minor detours : you won't be able to claim you've been deprived of a car with Sat Nav.

 

For a innominate term not depriving you of a major component, or a warranty ; you can't void the contract.

You can claim for damages - but need to give them reasonable possibility of resolving the breach.

 

Can you source the CD yourself? (If need be through another garage if they can get access to one sooner??)

If so, write to the retailer, giving them 14 days to resolve it.

Note that if they don't do so within 14 days, given it is already overdue, you'll get it fixed elsewhere, and recover the costs from them.

 

If it comes to this : get a number of quotes for fixing it "soon", so that you are seen to be mitigating your loss to the minimum necessary to get it fixed (but it doesn't have to be as low as "fixed far in the future")

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Hi Little

 

There are guides online to find the present value of your car, just Google, basing it on an insurance website, is unrealiable.

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