Car advertised and sold with wrong spec, what to do?

Car advertised and sold with wrong spec, what to do?

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Discussion

siwebster

Original Poster:

397 posts

200 months

Monday 10th January 2011
quotequote all
Hi,

7 months ago my dad bought an Astra from the local Vauxhall dealer - a 2006 1.6 Active Estate. That's what it was advertised as and subsequently sold as and states it on the dealer receipt and paperwork.

He's just about to renew his insurance and has been on a few insurance comparison sites, as you do. Every time he's tapped his registration number in the details have pre-filled on the forms as a 1.4. As this happened a couple of times, he's had a look through everything he was given when he bought the car, which all state 1.6, except on the log book where, lo and behold, it states it's a 1.4, not a 1.6.

On finding that it's a 1.4, he called the dealership, who said they'll look into it, but said there's no difference in the selling price of a 1.4 and a 1.6.

He had the same reaction as me to this, which was bks.

At the moment he's contacting a consumer helpline of some description, but was wondering if there's any wisdom out here as to what he should do?

I've had a quick look at Parkers and there valuation between the two cars is about £300, which I think is the least he should be asking for, due to miss-selling.

Does anybody have any experience with dealing with something like this? It's been too long to ask for a refund or an exchange of car, but what do you think he should be expecting?

Cheers

Si

Mazdarese

21,062 posts

194 months

Monday 10th January 2011
quotequote all
7 months? It took 7 months to realise you/he had purchased a 1.4 and not a 1.6 and now you want £300 compensation?

I'd imagine you'd be lucky to get anything from the dealer.

Chris_w666

22,655 posts

206 months

Monday 10th January 2011
quotequote all
Would you not realise what was under the bonnet when driving, taxing, or indeed insuring the car when first bought?

Cyder

7,115 posts

227 months

Monday 10th January 2011
quotequote all
Do people not check the V5's/HPI check cars when buying them?

siwebster

Original Poster:

397 posts

200 months

Monday 10th January 2011
quotequote all
My dad doesn't drive anywhere very quickly, so I'm not surprised he's not noticed it.

Consumer Direct have now said that sales of goods act covers this - it's been incorrectly sold and advertised as a higher spec model and as such should be compensated for.

Was wondering really if anyone else had had a similar situation and what the outcome was? I was thinking at least the cash or maybe the equivalent (or more?) in servicing?

Edited to add - the car was taxed when purchased, he's only had it 7 months so it's not needed renewing yet. When my dad insured it, he merely swapped the car on his current policy and told the insurance company it was a 1.6.

Edited by siwebster on Monday 10th January 14:51

Chris_w666

22,655 posts

206 months

Monday 10th January 2011
quotequote all
I can't see why this wasn't noticed before. As for free servicing I wouldn't touch any garage who sold a car claiming it was something it wasn't with a virtual bargepole.

CraigyMc

17,084 posts

243 months

Monday 10th January 2011
quotequote all
siwebster said:
My dad doesn't drive anywhere very quickly, so I'm not surprised he's not noticed it.
Didn't he read the V5?

HellDiver

5,708 posts

189 months

Monday 10th January 2011
quotequote all
1.4 Astra Estate? No st he doesn't drive fast.

1A

684 posts

169 months

Monday 10th January 2011
quotequote all
siwebster said:
My dad doesn't drive anywhere very quickly, so I'm not surprised he's not noticed it.
He hasn't really suffered any detriment then has he?
siwebster said:
Consumer Direct have now said that sales of goods act covers this - it's been incorrectly sold and advertised as a higher spec model and as such should be compensated for.

Was wondering really if anyone else had had a similar situation and what the outcome was? I was thinking at least the cash or maybe the equivalent (or more?) in servicing?
If a 1.4 is worth less than a 1.6, maybe they'll credit you a little of the difference, less the fuel cost they've saved your dad by selling him a more frugal car then he expected. . . . . wink

300bhp/ton

41,030 posts

197 months

Monday 10th January 2011
quotequote all
Just because the logbook says 1.4 doesn't mean it is.

You need to, and by this the garage you bought it from needs to determine what engine is in the car.

It could turn out the log book is what is wrong, and hence the DVLA info which is what the insurance companies would use as reference.


If it really is a 1.4 then you should either haggle to get the value lost plus good will gesture back, or a trade in to the correct or newer/better model.

siwebster

Original Poster:

397 posts

200 months

Monday 10th January 2011
quotequote all
CraigyMc said:
siwebster said:
My dad doesn't drive anywhere very quickly, so I'm not surprised he's not noticed it.
Didn't he read the V5?
I guess he didn't, he'd have only seen the green slip at the dealers, then when the new one arrived in his name he must have not looked at in great detail and filed it away.

For those of you that think he should have checked the V5 - it would have arrived a couple of weeks after he'd taken the car, all of the paperwork from the dealership (and the advert) stated it was a 1.6.

He's not a petrolhead, the car is a tool for getting from one place to another, so it doesn't hold a great deal of interest. As it was from a major franchised dealer I guess he took it as gospel that what they repeatedly said was correct.

Anyway, I'm not really interested in how this managed to go undetected, more about what to do know, can anyone point me in the right direction?

markmullen

15,877 posts

241 months

Monday 10th January 2011
quotequote all
300bhp/ton said:
Just because the logbook says 1.4 doesn't mean it is.

You need to, and by this the garage you bought it from needs to determine what engine is in the car.

It could turn out the log book is what is wrong, and hence the DVLA info which is what the insurance companies would use as reference.
This.

All it takes is the wrong code to be entered onto the AFRL system and it will show wrong.

siwebster

Original Poster:

397 posts

200 months

Monday 10th January 2011
quotequote all
markmullen said:
300bhp/ton said:
Just because the logbook says 1.4 doesn't mean it is.

You need to, and by this the garage you bought it from needs to determine what engine is in the car.

It could turn out the log book is what is wrong, and hence the DVLA info which is what the insurance companies would use as reference.
This.

All it takes is the wrong code to be entered onto the AFRL system and it will show wrong.
This had crossed my mind too. It's entirely possible that the DVLA have got it wrong.
Is it a good idea to get the garage who sold the car to determine what size the engine is though? Would they not find in their favour regardless - not saying they are dishonest, but why would they make a call against themselves? They already tried the 'there's no difference in price' line...

boobles

15,241 posts

222 months

Monday 10th January 2011
quotequote all
Look on the bright side. Atleast the insurance will be cheaper for a 1.4!
Probably get you're £300 back that way if you shop around for insurance.

Edited by boobles on Monday 10th January 15:30

anonymous-user

61 months

Monday 10th January 2011
quotequote all
I would edge onto getting them to offer some free services etc. than taking them to court for under the sale of goods act. As it only 0.2 cc and he you dad is happy, go along this route.


Vipers

33,112 posts

235 months

Monday 10th January 2011
quotequote all
The Spruce Goose said:
I would edge onto getting them to offer some free services etc. than taking them to court for under the sale of goods act. As it only 0.2 cc and he you dad is happy, go along this route.
Er!, 200 cc.




smile

Risotto

3,929 posts

219 months

Monday 10th January 2011
quotequote all
First thing to do is establish what engine is in the car. Doesn't the VIN number contain some reference to the engine? On an MX-5 for example, a VIN beginning NA8C will indicate a 1.8, NA6C is a 1.6.

Once that's established, I'd update the insurance accordingly and forget about it. If it is a 1.4, any minor amount that the dealer would have overcharged by claiming it was a 1.6 has probably been recouped in fuel savings.

siwebster

Original Poster:

397 posts

200 months

Monday 10th January 2011
quotequote all
The Spruce Goose said:
I would edge onto getting them to offer some free services etc. than taking them to court for under the sale of goods act. As it only 0.2 cc and he you dad is happy, go along this route.
This seems a fairly realistic route to me and would probably be best for all concerned. It's a major dealership, so I'm not as concerned as others with the idea that they wouldn't necessarily do a good job - after all, it won't be the sales and admin staff servicing the car will it?

This would also avoid any money claim of any sort, but I do think he's entitled to something, why should the dealership get to keep his hard earned cash?

markmullen

15,877 posts

241 months

Monday 10th January 2011
quotequote all
The Spruce Goose said:
I would edge onto getting them to offer some free services etc. than taking them to court for under the sale of goods act. As it only 0.2 cc and he you dad is happy, go along this route.
You would have to claim for losses incurred, the sum is likely to be negligible and not worth going to court over.

siwebster

Original Poster:

397 posts

200 months

Monday 10th January 2011
quotequote all
Risotto said:
any minor amount that the dealer would have overcharged by claiming it was a 1.6 has probably been recouped in fuel savings.
That's not the point though is it? If he were to resell the car now, the value would be lower than if it was a 1.6.