Brand new car..mis sold

[Brendan Burgess]

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

 

[mathepac]

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.

 

[T McGibney]

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?

 

[llgon]

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:

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

Yet the issue appears to have been apparent immediately.

 

[PaddyBloggit]

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...

 

[Brendan Burgess]

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

 

[Poorthing]

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.

 

[PaddyBloggit]

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!

 

[Poorthing]

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.

 

[mathepac]

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

 

[Palerider]

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 ?

 

[DeeKie]

Great Poorthing

 

[Brendan Burgess]

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

 

[llgon]

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

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.

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

 

[T McGibney]

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.