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Rejecting a not as described used vehicle after 3 months


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I’ll try and be as brief as possible....sorry


-    My family car went bang in late January 2021, uneconomical to repair
-    Found a Kia dealership 2 hours away (closest to me) with a 66 plate Sportage for sale at £12499 with ad saying has android auto and voice control.  It has 3 years of the 7 year warranty left


-    Buy it  putting £1000 in and financing the balance on HP
-    Collect the car on the 30th Jan 2021 (200 mile round trip)


-    Over the next few weeks find a few things that don’t work or need attention including not being able to get android auto working.
-    Contact the dealership in early March (after the 30 days) to book in to get these things sorted.
-    Told that they would need the car at least 2 days and that early April would be the first time courtesy cars would be available due to covid.
-    Book it in for 14th April until the 16th
-    Drop car off and go through the list including android auto not working
-    Get phone call on the 16th saying the car doesn’t have android auto as it was too old.


-    Complain on the 19th to the sales director who says that the ads are automatically generated and that it was mistake (another Sportage same age and spec on their website saying it had android auto when I called).  Said he would look into it.


-    Calls back to say it was an error on their side and offers me £300 to find my own solution which I turn down.  He goes away and comes back saying it’s not possible to retrofit the newer system into older cars so if he could find a similar Sportage with Android auto would I consider a swap, yes was the answer. He said that he would give me as much as possible for mine and not make any profit on the new one.


-    Go back to the original sales advisor who says he has nothing in stock but would have a look.
-    I look on their website on Monday and see a 18 plate Sportage with Android auto and the same spec etc for £13993.  Contact the sales guy to be told that it’s sold and that they couldn’t get android auto to work on it anyway.


-    Get a phone call Tuesday to say they have an 18 plate coming in on the 1st may that fits my needs for £14500. He said the first thing they would test is the android auto. He said he would work out the figures and get back to me.


-    Calls back to say that the sales director had done the figures and that it would be £60 a month more than I’m paying now.  He told me that they would give me £10000 for mine but if they did it as a part ex then they could go to £10800.  This was £500 less than the settlement on the loan so they were using some profit on the 18 plate to pay that.  It just sounded wrong.  Had a big debate around a 13% loss in 11 weeks and 700 miles etc but he said that was the figures.


-    Spoke to the sales director and he said that the finance was for £14000 so £500 was my deposit.  That meant I’d lost £500 that I can live with


-    Get a phone call today saying car is in early and they have checked and android auto worked first time.  Tell them to proceed for delivery next weds


-    Get the finance docs through  and see the reg, it’s the grey one on the website for £13993.


-    Look at the finance and it £14533 I’m paying more than the cars advertised and they have lied to me


I am paying them more than the car is worth, losing £1000, and they get their profit plus the original car back to sell again.

 

I feel like rejecting the car but I’m concerned that the amount they deduct as it’s over 30 days and under 6 months will take it to around £10000 and I’ll owe £1300 to the finance company.  

 

Does anyone know how much a sensible deduction would be?  If I took it to court what would a judge deduct?  Or any other advice on what to do?

 

 I really feel hard done by seeing as they sold a car that didn’t have what they said it had.
 

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Do you have a copy of the original advertisement?

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Well you never know. I think that it's important the start to get some evidence. Where did you see the advertisement?

I suppose that you been doing everything on the telephone – and you don't record your calls. Big Fail!

Please read our customer services guide. Implement the advice there. It's essential.

I suggest that you start having further discussions with the garage about what has happened and about their advertisement. However this time, you should arrange that you are either taking recordings or else you are doing it by text message or email – or all three.

It is most likely that the garage won't deny the incorrect advertisement – if things start to get serious – but you never know, they might and you have no evidence.

I would start have some gentle conversations with them about it and lead the conversation so that the incorrect advertisement is discussed – and admitted – or at the very least not denied.

Put this in hand today and let us know what you get.

However, as a general statement of principle, if you make a contract to buy an item which has a market value of say, £14,000 – and then later on you find that what you have actually been sold is something which is only worth £11,000, then there is a breach of contract and you have been deprived of your expected value.

As you have said, the vehicle is not as described and this is an important breach of contract.

We can help you but I think that you need to secure your position by acquiring evidence that the car was mis-described and that you relied on that advertisement.

I have a number of suggestions to make by way of the solution – but I'm concerned that at the moment the incorrect advertisement is deniable.

And by the way, the fact that you have a different advertisement for a completely different car is of absolutely no value whatsoever.

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Incidentally, I will be asking you to identify the dealer that you are dealing with – but first of all, please set about getting some evidence of the incorrect advertisement

 

I suddenly had a rethink about the second advertisement which you say you have in your possession and which mis-describes another car. I gather it is from the same dealer – in which case it could be helpful but of course not nearly as helpful as having some direct evidence relating to your own vehicle.

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