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Hi,

 

I bought a used car tonight that was advertised with the tagline "Mazda 2 TS with A/C ..." and in the description as "GREAT 5 DOOR SUPER MINI with AIR CONDITIONING". Having driven the car home there does not appear to be any air conditioning in the car. Not that the A/C is broken, there is no A/C. Having checked the vehicle specs it appears that, when purchasing new (I am buying used, 2009 reg car), there is A/C as an optional extra, which doesn't appear to have been taken.

 

What are my rights as a consumer having handed over ~£3k of my hard earned. The car was bought from an approved Mazda dealer but as I have only bought the car just before they closed I haven't had a chance to raise this with them. I plan on calling them tomorrow to ask about the problem but would like to understand my rights before hand as I don't want to be fobbed off.

 

Thanks,

Andy

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You are protected by the Consumer Rights Act. Clearly the car doesn't correspond to its description and so they are in breach of contract and you are entitled to a full refund immediately. Any ancillary losses such as insurance, fairs, petrol, et cetera et cetera would all have to be met by the seller of the vehicle.

 

You can do two things. You can either return the car and insist on a refund or you can negotiate a better deal. If you intend to negotiate a better deal than I think that you would be looking for a pretty substantial reduction but you will have to decide if it's worth it.

 

Now is the time to test the dealer because if you find that they are unhelpful then I would be looking to get away from them immediately. You never know what else there is down the line in terms of defects or faults which appear over the coming year or so and so the attitude to this problem may well tell you something about their attitude to any future problems.

 

There is no need to be fobbed off about anything here. You are completely in the right and you have an absolute right to a refund. Frankly I would suggest that you get the car back to them and do on the forecourt. Take photographs of the car when you leave it and if possible bring a witness so that nobody later on says that the car was damaged when you brought it back – you never know the kind of things that can happen!.

 

When you do take it back then cancel insurance, advise DVLA and make sure that you have nothing further to do with the vehicle. Get written evidence of all the costs you have incurred and submit that to the dealer as well. Frankly any dealer that makes these kinds of claims and so obviously mis-describes the vehicle they are selling, immediately starts ringing alarm bells – in my mind anyway.


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Thank you so much for your advice. I went to the garage today and actually the dealer was really understanding and has given me a full refund. I guess I'll have to take their word that it was an admin error on their part when putting the ad online as to be fair the salesman didn't tell us it did have A/C (nor did we ask due to the ad).

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