# Brand new car..mis sold



## Poorthing (3 Apr 2018)

Proud owner of a confirmed mis sold car. 40k+ purchase. Main dealer very slow to solve, even disinterested. How to solve? Anyone with experience of this?

(First post).


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## Poorthing (3 Apr 2018)

Prefer not go into detail as first time seeking help online.  Salesman admitted his mistake two days later last January and it was confirmed car was mis sold and apologized. I'm a single female and can't seem to progress with this, they just tell me not too worry. But now they are not taking my calls and hiding when I drive in unannounced.

Edit. He said he'd take car back last January.


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## PaddyBloggit (3 Apr 2018)

But you need to give some indication of the mistake before any advice can be offered?

.. mis-sold wrong model?, extras not given? ... without a little more detail you will not get any helpful advice here I'm afraid.


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## Poorthing (3 Apr 2018)

Its the basic structure of the car, it can't be upgraded/modified. Iv changed from my previous 5 new cars to a larger sized car and this unforeseen situation happened.


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## PaddyBloggit (3 Apr 2018)

I'm failing to see how you could be mis-sold a car from a structure point of view

Did you not look at a brochure/look at the maker's website/take a test drive/walk around the car and open all doors etc. before you realeased your hard earned cash?


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## Poorthing (3 Apr 2018)

I was and I had it already confirmed Iv been mis sold so its from this point I need the help.

I had my homework done but even the dealership wasn't aware of a change the larger sized car new model had.


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## LS400 (3 Apr 2018)

Poorthing said:


> this unforeseen situation happened.



Its so unforeseen, I cant see it.

The previous 4 posters want to help you, and have repeatedly asked you the same question, 
If anyone can answer this question without the information, then can you tell me how long this piece of string is that Im holding.


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## VoiceofReason (3 Apr 2018)

Buyers Remorse?


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## llgon (3 Apr 2018)

Poorthing said:


> but even the dealership wasn't aware of a change the larger sized car new model had.



I take it you ordered a new model of car without having seen it in advance and there was a difference between it and the previous model you weren't expecting. I don't see how the dealership could have mis-sold it to you if they were unaware of the change, as you have acknowledged.  In ordering a new model without actually seeing it you are taking on the risk of something unexpected like this although I'd imagine if you had examined the brochure well you might have noticed.

If you have written evidence of the car being 'mis-sold', a written acknowledgement of this from the salesman/dealership or you have it in writing that they agreed to replace the car it would be worth pursuing them. Otherwise I would advise to forget about it and move on.

But maybe I have mis-read the situation.


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## Gordon Gekko (3 Apr 2018)

I’m reminded of Donald Rumsfeld’s reference to known knowns, known unknowns, and unknown unknowns; this is definitively the latter. It’s very difficult for people to offer meaningful assistance when they’re forced to fumble around in the dark to ascertain the nature of the issue.


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## Palerider (3 Apr 2018)

The poster has said it was already confirmed as mis sold [ whatever that means ]

When that was said to you what followed, plans to take car back, exchange it or nothing at all ?

Phone the owner of the dealership directly, bypass whomever you have been dealing with, take notes of the conversations, call the head office eg Ford Ireland if it was a Ford and state your position.

It is difficult to make sense of your post.


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## Poorthing (3 Apr 2018)

OK I ordered the car following discussions with the salesmen, I'm nearly 15 years buying cars from this dealer so a good customer and only ever seen them for services or buying. Every car iv ordered off them unseen. Every car iv paid in full as iv family who purchase my used cars.

One salesman had double checked various points I had raised. Head office are aware, thanks Palerider. The salesman immediately admitted he'd just assumed these various points and hadn't actually checked at all.

Voice of reason, no buyer remorse at all. The car I purchased wasn't as described. It was head office who used the term mis sold.

Edit. Ilgon, it wasn't in the brochure.

Edit. Its nearly 35 years (15 cars), all new and as far as I remember all were ordered and I waited to collect in January.


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## DeeKie (3 Apr 2018)

He said, she said. Have you written formally requesting redress? If not, you should.


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## llgon (3 Apr 2018)

Poorthing said:


> Every car iv ordered off them unseen.





Poorthing said:


> Edit. Ilgon, it wasn't in the brochure.



All I can say is that it's miraculous this problem has never arisen before.



Poorthing said:


> It was head office who used the term mis sold.



Important information not previously provided, your problem is sorted now Poorthing.


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## Poorthing (3 Apr 2018)

[QUOTE



Important information not previously provided, your problem is sorted now Poorthing.[/QUOTE]

What does this mean?


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## Gordon Gekko (3 Apr 2018)

Poorthing, what is the actual issue?

Specifics please.


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## 24601 (3 Apr 2018)

It doesn't seem like anything has been "mis old" but there's very little to work with here. In any case, if you have bought that many cars from the same dealer over such a prolonged period of time it's likely they'll be keen to resolve it regardless of whether there is any obligation on them. And without meaning to add insult to injury, it's absolutely criminal to not bring a car for a spin before parting with €40k!


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## Clamball (4 Apr 2018)

I wonder poor thing did you take delivery of the car when it arrived and as a result of taking delivery is it now assumed by head office you accept it was not as you thought, but you are taking it anyway.  

So you order new car, check with sales man that indicator switch is on left as per usual, he assures you it is.  Car arrives and oops indicator switch is on right.  So you drive away in your new car and discover this “massive problem” within 2 days.  So back you go, car not as requested and you leave the car there and ask for a full refund.

Or you phone them and tell them about the issue and then wait for them to do what ....  And now it is 3 months later and you are driving around in a car now worth €30K and you want them to do what ....

Brendan is right.  You need to tell them in writing what you want and if you don’t want the car you should either have refused to take delivery of it or returned it for a full refund at the earliest possible moment.


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## Poorthing (4 Apr 2018)

Deekie, yes, all done. Iv had meetings with dealer and head office (emails and too many phonecalls), all within the first week. Choice was set out (looking for more money for larger car which I don't need/want pay anymore for, eventually agreed 50/50), not satisfactorily to me and then they agreed to take my car back. I was to wait for a date for this to happen. This is where Iv reached a standstill. Head office said I need to work with the dealer last January.

This isn't a simple indicator switch. A test drive or indeed years off driving wouldn't highlight this issue. I called into my solicitor yesterday, a route I didn't want to go and have now contacted SIMI. If they don't achieve anything I'm to go back to solicitor.


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## Gordon Gekko (4 Apr 2018)

Poorthing,

I’ll ask you again, what exactly is the issue?

Please set it out in clear concise language.

e.g. they told you that the car would take three carseats in the back and it doesn’t.

Gordon


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## Brendan Burgess (4 Apr 2018)

Poorthing said:


> then they agreed to take my car back. I was to wait for a date for this to happen. This is where Iv reached a standstill. Head office said I need to work with the dealer last January.



We don't need to know what was wrong or missing from the car. 

The customer is not satisfied.

Someone - not sure if it's the dealer or Head Office - has agreed to take the car back. 

Now they are not contactable. 

I assume you have it in writing that they have agreed to take the car back and refund you the purchase price in full? 

I assume that you legal contract is with the dealer. It doesn't sound as if the Head Office has done anything wrong.

But you should contact the MD of the Head Office in Ireland, and if you get no satisfaction, go to the parent company.

And maybe give Joe Duffy a call.

Brendan


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## mathepac (4 Apr 2018)

Poorthing said:


> Voice of reason, no buyer remorse at all. *The car I purchased wasn't as described*. It was head office who used the term mis sold.


The bit I bolded. If that's true, the dealer is in breach of consumer legislation and the sales contract fails. Never mind "mis-sold" term  which AKAIK doesn't feature in consumer legislation relating to goods, stick with the not as described wording.


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## T McGibney (4 Apr 2018)

mathepac said:


> The bit I bolded. If that's true, the dealer is in breach of consumer legislation and the sales contract fails.



Kinda hard to prove though when this and other dealerships have presumably flogged large volumes of this car model without complaint?


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## llgon (4 Apr 2018)

I don't think many of them would have been sold in this manner where the purchaser has neither seen the car nor a brochure for it.  It sounds like a pretty unique arrangement with inevitable consequences for both buyer and seller.

I don't understand this part though:


Poorthing said:


> A test drive or indeed years off driving wouldn't highlight this issue



Yet the issue appears to have been apparent immediately.


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## PaddyBloggit (4 Apr 2018)

I think the OP is on a road to nowhere with this. She can't even adequately expalin what the issue is here on AAM... something to do with structure?!?

The car appears to be roadworthy... no mechanical issues... 

Why the OP couldn't educate herself as to the specs of a new car costing in excess of €40k is beyond me.

Without the OP actually telling us what's wrong with the car, this thread is going to spin in circles.

Regardless, she's taken the next step of contacting a solicitor/SIMI, so I'm sure all will be sorted...


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## Brendan Burgess (4 Apr 2018)

PaddyBloggit said:


> Without the OP actually telling us what's wrong with the car, this thread is going to spin in circles.



There is nothing wrong with the car. There is a feature which she requires which the salesman confirmed was there and now it does not have that feature. 

She is just asking for advice on how to progress a complaint when the dealer says that they will take back the car but they are now avoiding her.

Brendan


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## Poorthing (4 Apr 2018)

All sorted...I decided to drive down for 9am and said I'd wait all day if needed. Owner arrived in 40mins and said he was waiting for me to confirm? We have agreed a free upgrade to the larger car after I test drove it and have a demo model for a few days as its higher off the ground.


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## PaddyBloggit (4 Apr 2018)

Poorthing said:


> All sorted...I decided to drive down for 9am and said I'd wait all day if needed. Owner arrived in 40mins and said he was waiting for me to confirm? We have agreed a free upgrade to the larger car after I test drove it and have a demo model for a few days as its higher off the ground.



Glad it worked out for you... face to face is the only way.

And fair play to you for sticking to your guns. Happy motoring!


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## Poorthing (4 Apr 2018)

Brendan thank you. That was it in a nutshell. I did what my solicitor advised me to do yesterday, go in and say I need this resolved today saying Im waiting till it is and it worked. The girl on the desk made me a coffee and I sat down for the day. Just over an hour its all cleared up.

The issue doesn't bother me but will the next planned buyer and the salesman was aware of this also as I specifically asked concerning this. Every car has been sold private to family/neighbours, in fact I see my old 99 every day.

Thank you, PaddyBloggit, I do feel I was very lucky the salesman was honest and admitted his mistake. As for educating myself, I'd done this through the salesman, his paid job.


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## mathepac (4 Apr 2018)

T McGibney said:


> Kinda hard to prove though when this and other dealerships have presumably flogged large volumes of this car model without complaint?


When I buy something I *state* what I need. If the salesman, a brochure, a website, etc *describes* a make, model or variant they have for sale, new or used, that they say meets the purchaser's statement of needs, that *description* forms part of the contract for sale. Under consumer legislation, if the vehicle, as in this case, doesn't match the description, then there are grounds to seek redress, in court if necessary.

Unless people lie, it should be easy to prove, although to avoid a he-said-she-said scenario, 

put everything in writing
don't sign the "SIMI's standard contract", the last version I saw attempts to diminish a purchaser's legal rights by committing them to "independent arbitration" rather than consumer legislation


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## Palerider (4 Apr 2018)

You know what, we still do not know the issue for the OP, it would be nice to know what the problem was for the OP with the vehicle, it would be helpful to other readers, given that this has had nearly 2000 views and so many helpful contributors, come on Poorthing, it is resolved now, what was the matter ?


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## DeeKie (5 Apr 2018)

Great Poorthing


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## Brendan Burgess (5 Apr 2018)

Palerider said:


> it would be nice to know what the problem was for the OP with the vehicle



And it would be nice to know where he is planning to go on his holidays this year. But it is totally irrelevant to the question he asked where the car did not contain something which was important to the purchaser which the salesman had confirmed would be there. 

Most of us do not have this spec. for a car. But we might have it for another item or service.

Brendan


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## llgon (5 Apr 2018)

Brendan Burgess said:


> There is a feature which she requires which the salesman confirmed was there and now it does not have that feature.






Brendan Burgess said:


> But it is totally irrelevant to the question he asked where the car did not contain something which was important to the purchaser which the salesman had confirmed would be there.



Hi Brendan

I think you have misinterpreted the problem.  From the limited amount of information in the OP's posts the problem was related to the structure of the car rather than a feature. Asking a car salesman questions about the structure of a car and using this information as the sole basis for making a purchase of over 40k is absolute madness in my opinion. That is why there are car showrooms, brochures, websites etc.  Yet Poorthing seems completely oblivious to this, even after this experience.



Poorthing said:


> As for educating myself, I'd done this through the salesman, his paid job.


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## T McGibney (5 Apr 2018)

mathepac said:


> Unless people lie, it should be easy to prove, although to avoid a he-said-she-said scenario,
> 
> put everything in writing


But this is precisely a he-said-she-said scenario. 

My point remains: if there has been misselling, other people will have been victims of it too, and in that case the OP's task of proving it suddenly becomes a lot easier. If there are no other complaints out there, that's a strong indicator that there hasn't been misselling and the OP will face an uphill battle in pursuing their case.


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