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Second Hand Cars Whether purchased a used car from an independent dealer or a franchise these represent a major source of consumer complaints.

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Old 23rd August 2010, 02:57 PM
geo82 geo82 is offline
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Default Incorrect Mileage given for car on finance

Hi everyone, i'm new to this forum and just wonder where I would stand regarding getting a refund for a car, deposit and get out clause for the finance etc. I purchased on finance from what we will just call the dealer.

This is for a 57 reg corsa club. The mileage was supposed to be 49,000 and a bit but when the car arrived it was actually 60,000.

Under the sales of goods act of 1979 we have sent letters out to the fiinance company and the dealer regarding this issue as consumer direct have advised us etc

Any advice on this matter would be greatly appreciated

Here's a log of the situation so far:

On the 14th of July we collected the car, a Vauxhall Corsa 1.2 Club. We signed a finance conditional agreement and invoice stating that the car mileage was 49,240. As we were about to drive away in the new car we noticed that the mileage clock displayed 60,000. The garage was about to close and the salesman stated that we could return the car the following day and sort out the problem.

On the 15th of July I tried to contact the dealer numerous times and finally managed to speak to somebody regarding the issue. After explaining the situation and concerns as the deal does not suite our needs. The salesman informed us that we could not have a refund as the deal had been signed but as a goodwill gesture he would offer us a free service and an earlier upgrade. After speaking to my partner we were not happy with this, so we both drove up to the garage to speak to the salesman face to face, in addition to taking two more people with us. We were promised a new car, this was to be the same make, model and year with less mileage, being 39 thousand miles, this time as a goodwill gesture. In front of three other witnesses, we were clearly told that the car will be a courtesy car until the new one we were promised was to arrive the following Wednesday. We were instructed not to sign and send off the logbook, as we would be doing that for the new car when it arrives. Initially, the new car was meant to arrive in around 1 weeks time, this was not the case.

On the 17th of July, finance contacted us to confirm the finance agreement, as it is under his name. They were immediately informed of the situation which had transpired. They were clearly informed that we were promised another car by the dealer and the car they had on record was being used as a courtesy car, the amicable solution derived from them. Finance stated that this would not be a problem and they would just change the details once the new car was to arrive.

We pursued in contacting the dealer again on the 22nd of July, in which you stated over the phone the car we were promised would be here by the end of July. They also clearly stated that the dealer would be back in touch once the new car arrives, as it was currently in another garage and is being sent over. No apologies were made for the delay; it is now the 21st of August and the car we were promised has still not arrived.

On the 2nd of August we called the dealer again on numerous occasions and was told that a manager would get back in touch with us that day. This never happened.
On the 16th August we contacted Finance to inform them of the situation, even finance have also tried to contact the dealer for three consecutive days, whereby they were told a manger would be in touch with them to discuss the matter. Nobody from the dealers contacted them either. As a result finance have logged a complaint regarding this matter.

Under the sale of goods act of 1979 it is the sellers responsibility to ensure that the customer is not miss-sold a product. The amicable solution they proposed has just not been honoured as it should not take this long for the new car to arrive. As reputable car dealers I feel that inadequate service has been provided. Where I have contacted them, either false promises have been made regarding the date the new car will arrive, in addition to instances where the manager will call back and fails to do so.

Consequently, I intend to request a full refund of the deposit £510.50, the car is currently on our drive and not being used, I will be taking the insurance off of the car. Furthermore the MOT is due to expire in September, where the dealers has coincidently managed to contact us regarding that matter. Although we feel that shouldn’t concern us, as it is merely a courtesy car until the car you allegedly promised us was to arrive. (words of the salesman) Finance have also informed us that the dealer needs to contact them regarding termination of the financial agreement due to breach of contract. No cancellation charges whatsoever should be incurred to me or my partner in my opinion. Due to the mileage being incorrect by 11k and the dealer making false promises. In addition to them not returning any calls and showing such indifference with regard to sorting out the matter.

Any feedback regarding where you think I stand or any general advice about the matter will be greatly appreciated.

Kind regards
geo82
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Old 24th October 2010, 09:13 PM
nmonline nmonline is offline
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Default Re: Incorrect Mileage given for car on finance

Hi, sounds like you have it completely under control. You have taken all the right steps so far, and the finance company will be a useful ally. The only thing I would say, is think very carefully before you cancel the insurance on the car you have. If you are going to do this, I would return it to the dealership. The last thing you want is your positive result going bad due to something happening to the car you have on your drive - that could get very messy. Good luck with your fight, hope you get it sorted.
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