mis sold a car please help

[MIPPLE81]

I purchased a car yesterday from quite a big dealer approx 100 miles away from myself.

 

A company went and collected the car after negotiation over the phone and emails with the seller.

 

Upon delivery last night I was quite happy with the car albeit a scratch on the driver inside leather and the anti chip protection that had been poorly fitted,

 

however the car was sold and advertised as a 2013 62 first registered july 2013 to be precise

 

the log book quite clearly shows that it was in fact first registered in 2012. The date of 2013 was when it was first bought into the uk.

 

This in turn makes the car 6 months older that advertised and needing an mot sooner than told.

 

I have emailed the company back and they have detailed an email saying how shoddy the company was I had asked to collect the vehicle

 

, there were no scratches internally or externally as well as intimated that I have no idea what I am talking about and they are at a loss at to why I have contacted them back.

 

They are a very well known company, the car was not a cheap car and I am extremely surprised by their response.

 

Am I correct in saying that the car has been miss sold due to misleading/misguiding information and incorrect information being used to advertise?

The car was first registered in 2012 but then registered in the uk in 2013 as it is an import...

 

Any help and advise would be most appreciated

thankyou In advance.

[unclebulgaria67]

Car has to be as advertised, otherwise you have a claim under sale of goods act.

 

You need to somehow work out the loss suffered due to age of the car being different, then send a letter before action stating your claim and that if they don't come tona satisfactory settlement you will issue a county court claim against them.

 

As you did not see the car before it was transported, you have no proof re the scratches, so i would forget about that. It is the age of the car and the difference in value.

[unclebulgaria67]

See if you can find out from Parkers car values guides and from advertised cars for sale what the difference in value would be. If you take them to court, you would need such evidence.

[Conniff]

A couple of questions:

 

 

How did you pay for the car ?

Did you visit the seller and make the purchase ?

[MIPPLE81]

A couple of questions:

 

 

How did you pay for the car ?

Did you visit the seller and make the purchase ?

 

The car was paid for via a bank transfer no finance. We didn't visit the seller, everything was done over the phone and emails

Thankyou

[Conniff]

Ok so a distance purchase. Did you get paperwork from the dealer informing you of your right to cancel ?

 

 

New regulations came in last year which replaced the Distance Selling Regulations and extended the period of rejection from 7 days to 14 days.

If you didn't receive any paperwork telling you of the above, then your 14 days don't even start until you receive it. If you don't receive it at all, then the date is automatically extended a full year beyond the date at which it would’ve ended.

 

 

You have to decide now if you want to keep the car or reject it. If the latter, then if must be done my letter and I would send it by recorded delivery.

 

 

For future reference, make large purchases like this with a credit card or at least £100 of it. That way you are covered by regulations that make the card bank also liable to pay you should the dealer fail to do so.

[MIPPLE81]

Ok so a distance purchase. Did you get paperwork from the dealer informing you of your right to cancel ?

 

New regulations came in last year which replaced the Distance Selling Regulations and extended the period of rejection from 7 days to 14 days.

If you didn't receive any paperwork telling you of the above, then your 14 days don't even start until you receive it. If you don't receive it at all, then the date is automatically extended a full year beyond the date at which it would’ve ended.

 

You have to decide now if you want to keep the car or reject it. If the latter, then if must be done my letter and I would send it by recorded delivery.

 

For future reference, make large purchases like this with a credit card or at least £100 of it.

That way you are covered by regulations that make the card bank also liable to pay you should the dealer fail to do so.

 

Thankyou for your help...

 

I have since sent a letter rejecting the car under the grounds of being mis sold etc

 

Iv not gone into great depth or bumbled on, kept it factual and stated iv stopped using it in line with the rejection.

 

Today, iv had an email back stating the car cannot be rejected as he has not mis sold the car

and he's drafted a 200 word letter slagging off the company I used to collect the car.

 

 

He then says I need to give him the mileage and he will purchase the car back at a loss!!

 

If I copy and paste my letter and their reply would any of you have the time to look through it and advise?

 

I'd be most grateful

Thankyou

[Conniff]

If it's in black and white, I really would copy and send that letter to the lifting company marked personal for the boss.

 

 

How many miles have you done since you got it ??

[heliosuk]

Whoa!!!

 

As I read this it seems to me that the seller sold a car 2013 Model Year car which was first registered in 2012 which is now on a 13 plate because of the import which is quite plausible and often happens (the car was sold and advertised as a 2013 62 first registered july 2013 to be precise).

 

Therefore I can't quite see at the moment that the dealer has done anything wrong apart from not saying it was first registered in July 13 in the UK.

 

Model year changes can happen up to 9 months before the actual year starts.

 

What you need to check is if it is a 2013 MY as if it is then you could well be stuffed as that would be the defence. If it turns out to be a 2012 MY then you would have grounds to reject.

Edited August 26, 2015 by heliosuk
forgot to add

[Conniff]

It certainly could be clever use of words, but if it was marketed as a first registered 2013 when in fact it was first registered in 2012, then that is naughty.

If he sold it as a 2013 model when it is a 2013 model, then ok, but if it was built and first reg in 2012, then that makes it a 2012 car and claiming it is a 2013 car first registered in 2013 is not on, a 2012 car is not of the same value as a 2013 car.

 

It should have been advertised as an import and first registered in the UK in 2013.

 

Can you clear this up for us Mipple81 what exactly did the advertisement say and what did the salesman say ??

[heliosuk]

The clue must be in the 2013, 62 statement Conniff. For the car to be on a 13 plate it must have been registered between March and September 2013 however he states it's a 2013 62 which means something must have happened between Sept 2012 and March 2013 otherwise it would be a 2013 12. Franchised Dealers frequently see this on cars that have been sold to RHD markets to service personnel overseas sold at a discount as the staff frequently have to explain why a warranty would not be valid as it starts from the sold/delivered date to the first owner not the registration date. I recently came across a not too unsimilar situation in Israel where the parents bought a car for their son and stored it in a garage for a year as he was doing his national service and when he came to claim for an item which was only covered for a year was told it wasn't covered. His argument that the car had only just been registered and was brand new which it wasn't.

 

I honestly think that the cost of pursuing this might outweigh the difference in the value between a 62 plate and a 13 plate so I think I'd also be going after the DVLA as they are meant to issue an age related plate so it looks like they've got it wrong as well!

[Conniff]

Oh now wouldn't that be nice to get one up on the DVLA after their myriad of false claims and fines on motorist who have done no wrong.

[MIPPLE81]

If it's in black and white, I really would copy and send that letter to the lifting company marked personal for the boss.

 

 

How many miles have you done since you got it ??

 

Iv forwarded the letter to the company and they have now entered Into conversations with the dealer.

Iv done approx 20miles, iv not used it since sending the letter of rejection, he's replied saying hel do nothing apart from but the car back at a Loss.

Oh another thing, iv gone through all the pictures advertising the car on his website and the damage to the door is there if you zoom in.... The damage he has put in writing that has been 100% done since delivery of the car!

I'm not too sure what to do now since his reply?

Thankyou

[MIPPLE81]

Apologies, my phone had a wobbler and iv only just seen your previous messages... I will try and clear up what iv said lol

The car was advertised as a 2013 - 62 in two places. Further down the advert it says model year 2013 stating it is an import.

It says on the advert car was first registered in July 2013, it also says date of registration on receipt July 2013. However the log book states date of first reg 5.10.12 and date of first reg in uk 18.7.13 also the receipt states date of first reg 18.7.13 It doesn't say in uk.

 

I hope iv put this right and made sense.

[MIPPLE81]

Also the car is on a 62 plate

[Conniff]

If goods are taken back because of rejection, there can be a fair reduction in the refund because of 'enjoyment', as you have only done 20 miles, that won't apply neither will saying the car is of less value now than when it was sold to you.

 

 

You now have two choices, do nothing and keep the car or send a Letter Before Action and let the courts sort it our. If you aren't willing to go to court, then there is only the first option.

Court can sound scary but it really isn't and the initial cost is low and added to your claim. If you paid for the delivery, that must also be added to the claim so you are left in the same position as your were before you bought the car.

 

 

The LBA will be the car details and a reminder that you sent a letter rejection the car and the reason for the rejection. You then give him 7 days from receipt of the letter, (send recorded or special delivery), to come and collect the car and refund the full amount or action will be taken without further notice.

 

 

If after the 7 days and a couple to give him the benefit of the doubt, he hasn't contacted you to say he is coming to collect it, then you must start the action.

 

 

A lot of these dealers will just huff and puff and drag it out because they know that in the main, a threat of court action never materialises into actual court action, so you really must be prepared to go to court or not threaten.

Edited August 30, 2015 by Conniff

[oddjobbob]

the problem is that the dealer has not lied though...OP quotes the ad

 

 

''Further down the advert it says model year 2013 stating it is an import.

It says on the advert car was first registered in July 2013, it also says date of registration on receipt July 2013. However the log book states date of first reg 5.10.12 and date of first reg in uk 18.7.13''

 

 

I haven't sold cars in years now but all my standard pre printed sales invoices had various sections to fill out eg chassis no, engine, reg no etc and one of the was 'date of first registration in UK'

 

 

If it says that then he bought what he saw advertised

[Conniff]

the problem is that the dealer has not lied though...OP quotes the ad

 

 

''Further down the advert it says model year 2013 stating it is an import.

It says on the advert car was first registered in July 2013, it also says date of registration on receipt July 2013. However the log book states date of first reg 5.10.12 and date of first reg in uk 18.7.13''

 

 

I haven't sold cars in years now but all my standard pre printed sales invoices had various sections to fill out eg chassis no, engine, reg no etc and one of the was 'date of first registration in UK'

 

 

If it says that then he bought what he saw advertised

 

 

Thanks Odd Job, it didn't see that.

 

 

If that is the case, then I can't really see that you have a complaint to reject, if you didn't see that before your purchase but it was as advertised, then the problem is not with the dealer.

[heliosuk]

Which is why I raised the query!

 

Personally I don't think there is anywhere to go with this other than to remind people to keep an open mind and not jump to conclusions.

[heliosuk]

So next steps now that we know the full details??????

 

Errrrr no where me thinks!

[Conniff]

I'm of the same opinion. He does state it is an import.