Bought a used car - after sales advice

[WildWayz]

Hi all,

2 weeks ago today, I bought a new car. It was an 09 plate Ford Focus CC-2 2.0 Petrol with 4500 miles on the clock, and was an ex showroom demo car.
I bought it from Polar Ford in Bradford and found the car via their website.

I test drove it and liked it, so I bought it and paid cash.

Upon getting it home, I realised that there was no cruise control (which was on the advert) and no space saver spare wheel (which is on the advert) - only a tyre repair kit.
Also noticed that on the passenger door frame it says "Duratec CC-3" - which is odd as it is a CC-2 that I bought.

I called up Polar Ford and complained about the cruise control and space saver wheel, and the 'top manager' basically said "tuff" - incorrect information on the website comes under their disclaimer and that as I test drove it, I should have checked everything. They will, however, give me a space saver wheel.

I am pretty sure that the disclaimer for errors is more focused on pricing errors and they have to have an onus to get the listing RIGHT.

What would you do in my position? I told them that they need to order in the correct space saver wheel, surround and jack etc and not take it from another car (as he said i'd lose 8" of the height of the boot, which is RUBBISH and incorrect).

Do I have a case here to either reject the car or insist on a partial refund/install something else as compensation for not having cruise control?

Thanks!

[Tony]

Apologies in the delay in getting back to you:

How significant is this? Duratec CC-3 versus CC-2

The wheel can be fixed, but I guess it is impossible to fix the cruise control.

Would a reasonable person agree that it was significantly nor as described. You case will not be helped by the fact that you had the opportunity to check the car.

[WildWayz]

Just an update. After I posted here, I called Trading Standards and explained the situation.

I called Trading Standards and they told me that Polar Ford are in breach of the Sales of Goods Act 1979 and that the goods should follow the description on the advert.

They have to remedy any damages (as in inconsistency) by providing
- Replacement car with cruise control and spare wheel
- Giving me a refund for the different in price between a car with and without cruise control and spare wheel.

I cannot ask for a refund – but they must fix those issues.

Polar Ford are part of the Motor Trade Partnership which means they are governed by Trading Standards so any complaints MUST be done in writing and they have 14 days to resolve the issue. After 14 days, Trading Standards will come down on them.

As for the website comment about them hiding behind their ‘disclaimer’ – it is rubbish. They are in violation of the Consumer Protection from Unfair Trading Act 2008 and they have to ensure the data on their website is correct, otherwise they could advertise cars as being better spec'd than what they are to entice sales, then say “oops – mistake, sorry” and that is illegal!

So I called them back and spoke to the sales advisor. He tried speaking to the branch manager but he wasnt nearby so he said I would get a call back.

Well, he called me back and I told him I spoke to Trading Standards and he offered me a refund on the car. I asked if there was any arrangement we could come to, and he asked me what was on my mind. I asked for parking sensors to be installed (loooooong boot which you can't see the end of!) and he agreed to it AND the space saver wheel.

Yesterday I had the parking sensors installed and the spare wheel given to me. Neither the manager I was dealing with, the sales advisor or anyone else was available and they certainly didnt make me feel welcomed! However, I am happy with the deal - and they certainly changed their views once I came back with my consumer rights!

[Tony]

Thanks for sharing that. A parking sensor is much more useful than cruise control IMHO, esp if you have an estate. I guess you won't get an apology as they probably got a telling off.

I take it the CC3/CC2 thing is not significant.

This is a nice initiative they have in Yorkshire - Benefits to consumers

The terms of the schemes are legally binding once the trader has signed up. It is a shame there are not more of them.

Tony