Legally what can I do now? Sold incorrect car
Discussion
Last July I enquired about a smart looking Picanto X Line S on a 20 plate. I was specifically looking for a car that did 0-60 in under 10 seconds. I was told via e-mail this exact phrase: "I have great news that this is one of the rarer 1.0T engines so the 0-60mph time is under 10 seconds."
I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it at around £14,500. I added £1000 on for extras such as Gap Insurance and Alloy wheel insurance. I have been feeling increasingly disappointed with the car and it's performance since I had it and even just after I bought it was still questioning whether or not it did indeed have the 99 BHP turbo engine. I have e-mail correspondence with a car tuning company that says everything they checked against the registration number suggested that it was just the bog standard 65 BHP version.
I was in constant communication with the dealers over the V5 as it never arrived to me in the post and eventually they stopped responding and I had to buy a new V5 document from the Gov website. I have just checked it and under the Max. net power (KW) section it says 49. Which equates to 65BHP. So it does look like I was probably deliberately mislead.
Does anyone have any experience about what I can do now, 14 months later? I do not want the car anymore.
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I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it at around £14,500. I added £1000 on for extras such as Gap Insurance and Alloy wheel insurance. I have been feeling increasingly disappointed with the car and it's performance since I had it and even just after I bought it was still questioning whether or not it did indeed have the 99 BHP turbo engine. I have e-mail correspondence with a car tuning company that says everything they checked against the registration number suggested that it was just the bog standard 65 BHP version.
I was in constant communication with the dealers over the V5 as it never arrived to me in the post and eventually they stopped responding and I had to buy a new V5 document from the Gov website. I have just checked it and under the Max. net power (KW) section it says 49. Which equates to 65BHP. So it does look like I was probably deliberately mislead.
Does anyone have any experience about what I can do now, 14 months later? I do not want the car anymore.
Edited by KW15ZZZ on Tuesday 24th September 13:13
KW15ZZZ said:
Last July I enquired about a smart looking Picanto X Line S on a 20 plate. I was specifically looking for a car that did 0-60 in under 10 seconds. I was told via e-mail this exact phrase: "I have great news that this is one of the rarer 1.0T engines so the 0-60mph time is under 10 seconds."
I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it at around £14,500. I added £1000 on for extras such as Gap Insurance and Alloy wheel insurance. I have been feeling increasingly disappointed with the car and it's performance since I had it and even just after I bought it was still questioning whether or not it did indeed have the 99 BHP turbo engine. I have e-mail correspondence with a car tuning company that says everything they checked against the registration number suggested that it was just the bog standard 65 BHP version.
I was in constant communication with the dealers over the V5 as it never arrived to me in the post and eventually they stopped responding and I had to buy a new V5 document from the Gov website. I have just checked it and under the Max. net power (KW) section it says 49. Which equates to 65BHP. So it does look like I was probably deliberately mislead.
Does anyone have any experience about what I can do now, 14 months later? I do not want the car anymore.
If you don’t want the car sell it and buy one you do want. I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it at around £14,500. I added £1000 on for extras such as Gap Insurance and Alloy wheel insurance. I have been feeling increasingly disappointed with the car and it's performance since I had it and even just after I bought it was still questioning whether or not it did indeed have the 99 BHP turbo engine. I have e-mail correspondence with a car tuning company that says everything they checked against the registration number suggested that it was just the bog standard 65 BHP version.
I was in constant communication with the dealers over the V5 as it never arrived to me in the post and eventually they stopped responding and I had to buy a new V5 document from the Gov website. I have just checked it and under the Max. net power (KW) section it says 49. Which equates to 65BHP. So it does look like I was probably deliberately mislead.
Does anyone have any experience about what I can do now, 14 months later? I do not want the car anymore.
There may be an arguement and just cause for complaint under the standard Trade Description act 1968.
The time limit for prosecutions for offences arising out of the Act is 3yrs so well within that limit.
The difficulty would be proving that the sales person knowling and willingly gave false information - looking at Chapter 29, Para 13:
13 False representations as to supply of goods or services
If any person, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods or services supplied by him are of a kind supplied to any person he shall, subject to the provisions of this Act, be guilty of an offence.
Certainly worth a call to the dealer principle, advising of the issue, and the intended actions, along with putting this in writing and sending via email and via recorded delviery too.
I expect the best you will get is an offer for them to take it off your hands though.
The time limit for prosecutions for offences arising out of the Act is 3yrs so well within that limit.
The difficulty would be proving that the sales person knowling and willingly gave false information - looking at Chapter 29, Para 13:
13 False representations as to supply of goods or services
If any person, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods or services supplied by him are of a kind supplied to any person he shall, subject to the provisions of this Act, be guilty of an offence.
Certainly worth a call to the dealer principle, advising of the issue, and the intended actions, along with putting this in writing and sending via email and via recorded delviery too.
I expect the best you will get is an offer for them to take it off your hands though.
Rough101 said:
From what I can seem the X line S wasn’t available with the turbo engine, it was only an option on the GT line, unless that was just in some model years.
This.The clue was in the fact it didn't say T GDI on any of the paperwork.
It sounds like you got the car you ordered but you didn't buy the car you actually wanted.
KW15ZZZ said:
...
I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it...
You bought the X Line, not the T-GDI.I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it...
As others have said, if it's not really the one you wanted, probably best to sell it and buy something that you do want.
Look on the bright side, there might be some other cars that are now in budget that you would prefer instead.
Alternatively, just keep it and enjoy it for what it is, afterall, there is nothing wrong with the car, it's just not the one you wanted.
KW15ZZZ said:
Last July I enquired about a smart looking Picanto X Line S on a 20 plate. I was specifically looking for a car that did 0-60 in under 10 seconds. I was told via e-mail this exact phrase: "I have great news that this is one of the rarer 1.0T engines so the 0-60mph time is under 10 seconds."
I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it at around £14,500. I added £1000 on for extras such as Gap Insurance and Alloy wheel insurance. I have been feeling increasingly disappointed with the car and it's performance since I had it and even just after I bought it was still questioning whether or not it did indeed have the 99 BHP turbo engine. I have e-mail correspondence with a car tuning company that says everything they checked against the registration number suggested that it was just the bog standard 65 BHP version.
I was in constant communication with the dealers over the V5 as it never arrived to me in the post and eventually they stopped responding and I had to buy a new V5 document from the Gov website. I have just checked it and under the Max. net power (KW) section it says 49. Which equates to 65BHP. So it does look like I was probably deliberately mislead.
Does anyone have any experience about what I can do now, 14 months later? I do not want the car anymore.
If it was so noticeable and dissapointed you so badly why has it taken so long?I booked a test drive and drove both the X Line S and the other T-GDI model Picanto. I preferred the colouring on the X Line S so I went ahead and bought it at around £14,500. I added £1000 on for extras such as Gap Insurance and Alloy wheel insurance. I have been feeling increasingly disappointed with the car and it's performance since I had it and even just after I bought it was still questioning whether or not it did indeed have the 99 BHP turbo engine. I have e-mail correspondence with a car tuning company that says everything they checked against the registration number suggested that it was just the bog standard 65 BHP version.
I was in constant communication with the dealers over the V5 as it never arrived to me in the post and eventually they stopped responding and I had to buy a new V5 document from the Gov website. I have just checked it and under the Max. net power (KW) section it says 49. Which equates to 65BHP. So it does look like I was probably deliberately mislead.
Does anyone have any experience about what I can do now, 14 months later? I do not want the car anymore.
After 14 months you're an owner, as here will be no way of you proving you bought the 'wrong' car.
So sell this one and buy the one you really want but accept it will cost you.
The dealer told me specifically it was the Turbo model and the 0-60 was within 10 seconds. I confirmed this via e-mail and in person before I bought the car.
After buying the car, they lost the V5. I spent months going backwards and forwards with them about getting the V5. They eventually stopped responding and I had to order a new one on the GOV website.
It feels like they deliberately misled me. I wouldn't have dreamt of spending so much money on a car that didn't fit my requirements, my previous car was a Picanto with 0-60 in over 12 seconds so this one did feel faster. I didn't like the red and black styling of the T-GDi models, I preferred the plain black and silver of the X Line S and they assured me it had the same engine as the T-GDi.
Am I really wrong to feel pissed that I've been taken advantage of?
After buying the car, they lost the V5. I spent months going backwards and forwards with them about getting the V5. They eventually stopped responding and I had to order a new one on the GOV website.
It feels like they deliberately misled me. I wouldn't have dreamt of spending so much money on a car that didn't fit my requirements, my previous car was a Picanto with 0-60 in over 12 seconds so this one did feel faster. I didn't like the red and black styling of the T-GDi models, I preferred the plain black and silver of the X Line S and they assured me it had the same engine as the T-GDi.
Am I really wrong to feel pissed that I've been taken advantage of?
If you have any documents or written evidence that clearly show that the dealer has misled you then you may have case. This would need to demonstrate beyond doubt that a) the car the dealer sold you was not the car you had specified, and b), that the price you paid was fair for the car you specified, but not for the car you purchased. Whilst the time might be a factor, a lawyer would argue that you are not a mechanic so would not know the car was different and that very few people know the correlation between Kw and BHP so there was no way of knowing this sooner. The resolution to this would likely be you receiving the difference in value between the two and some compensation.
They key is proof.
Even if you have it, a no-win-no-fee law firm will take at least 40% of what you are awarded so you need to figure out if this is all worth it or whether to chalk it up as a lesson learned.
They key is proof.
Even if you have it, a no-win-no-fee law firm will take at least 40% of what you are awarded so you need to figure out if this is all worth it or whether to chalk it up as a lesson learned.
KW15ZZZ said:
The dealer told me specifically it was the Turbo model and the 0-60 was within 10 seconds. I confirmed this via e-mail and in person before I bought the car.
After buying the car, they lost the V5. I spent months going backwards and forwards with them about getting the V5. They eventually stopped responding and I had to order a new one on the GOV website.
It feels like they deliberately misled me. I wouldn't have dreamt of spending so much money on a car that didn't fit my requirements, my previous car was a Picanto with 0-60 in over 12 seconds so this one did feel faster. I didn't like the red and black styling of the T-GDi models, I preferred the plain black and silver of the X Line S and they assured me it had the same engine as the T-GDi.
Am I really wrong to feel pissed that I've been taken advantage of?
You are perfectly justified in being hacked off. Whether it is worth the time and effort to take the dealer to court over it is a different matter, and success is by no means guaranteed. Put it down to experience and move on. It really isn't worth the hassle IMO.After buying the car, they lost the V5. I spent months going backwards and forwards with them about getting the V5. They eventually stopped responding and I had to order a new one on the GOV website.
It feels like they deliberately misled me. I wouldn't have dreamt of spending so much money on a car that didn't fit my requirements, my previous car was a Picanto with 0-60 in over 12 seconds so this one did feel faster. I didn't like the red and black styling of the T-GDi models, I preferred the plain black and silver of the X Line S and they assured me it had the same engine as the T-GDi.
Am I really wrong to feel pissed that I've been taken advantage of?
14 months is a long time, this is the issue, if you'd raised the issue within the first month of having the car, "Mr Dealer, this car seems very slow, is there something wrong with it?" sort of conversation, then you'd have more sympathy on here. But after 14 months without you raising once to the dealer, you haven't got a hope in hell of getting anything from the supplying dealer.
Thank you all for your replies, the good the bad and the just plain ugly.
I paid £2,900 for my last Picanto which was a 2013 level 3 model. I gave this to my sister for her birthday last year and bought my next Picanto at £15,500 which included £1,000 in extras to protect my new car, alloy and gap insurance etc. I do feel taken advantage of by the Dealers as a single female buying a car for cash. I told them explicitly what I wanted and was assured the car I was buying was it. I do have the e-mails etc, including the ones about the lost V5.
I have recently tried to sell the car and have been offered from £9K to £10,250K which is one of the reasons I started looking into whether the car I was trying to sell was really the car I thought I had bought.
I'll see what the dealer says but I think I will more than likely have to go through the Motor ombudsman and / or small claims court.
I paid £2,900 for my last Picanto which was a 2013 level 3 model. I gave this to my sister for her birthday last year and bought my next Picanto at £15,500 which included £1,000 in extras to protect my new car, alloy and gap insurance etc. I do feel taken advantage of by the Dealers as a single female buying a car for cash. I told them explicitly what I wanted and was assured the car I was buying was it. I do have the e-mails etc, including the ones about the lost V5.
I have recently tried to sell the car and have been offered from £9K to £10,250K which is one of the reasons I started looking into whether the car I was trying to sell was really the car I thought I had bought.
I'll see what the dealer says but I think I will more than likely have to go through the Motor ombudsman and / or small claims court.
Edited by KW15ZZZ on Monday 23 September 16:15
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