Rejecting a used vehicle within 30 days
Discussion
I purchased a used vehicle 2 weeks ago. Before agreeing to purchase, took the car for a test drive with the salesman. I mentioned a feature my current car had and said that I would want that feature in the next car I buy. Salesman told me car had that feature. I was surprised as the advertised spec didn’t show it but he confirmed again that yes, the car has the feature. Told me where to change the settings to use the feature.
I also asked how much the tax would be. He confirmed the amount £190. Again, I expressed that that was good news.
Purchased vehicle under finance a few days later and went to tax it the next day and tax actually is £590 as list price when new was over £40k.
Also went to change settings to use that feature I wanted only to find car doesn’t have the feature.
Emailed the salesman to let him know on both scores and he replied straightaway to say that he thought he had read the spec and the car did have that feature, but sorry about that. He also said he had just taxed a similar car at the dealership on the day I test drove and it was £190 so he assumed my vehicle was too. He said “sorry, I should have done more due diligence on both fronts and shouldn’t have just guessed”.
I told him I want to reject vehicle as it wasn’t as described. He then changed his story and says he didn’t tell me it had the feature and he wasn’t wrong about the tax amount and it’s my fault for not researching the car. He said “I don’t know everything about every car. If I was spending £x on a car, I’d certainly be checking things and doing my research. We aren’t responsible for tax amounts”.
I pointed out that the ad literally said to check with seller to confirm tax amount as they know the list price. I did that. I also pointed out that he already admitted that he told me it had the feature in his first email and that he had got the tax amount wrong.
The additional tax warning was in capital letters on the front of the tax book. When I collected the vehicle, I asked if I could tax it at his desk and he said no, you need to go to post office to do that since you’re the new owner. Of course it was possible to tax it online.
I’ve now written to dealership owner setting out the legislation and copy emails and am now being ignored.
The dealership is a franchise dealership of the car manufacturer.
I asked a lawyer and they said that as far as “not as described” goes, if the misdescription is material to your decision making process on whether to purchase the vehicle or not, then you can reject the vehicle.
What do I do now though when the dealership is ignoring me and lying, after the initial admission?
I also asked how much the tax would be. He confirmed the amount £190. Again, I expressed that that was good news.
Purchased vehicle under finance a few days later and went to tax it the next day and tax actually is £590 as list price when new was over £40k.
Also went to change settings to use that feature I wanted only to find car doesn’t have the feature.
Emailed the salesman to let him know on both scores and he replied straightaway to say that he thought he had read the spec and the car did have that feature, but sorry about that. He also said he had just taxed a similar car at the dealership on the day I test drove and it was £190 so he assumed my vehicle was too. He said “sorry, I should have done more due diligence on both fronts and shouldn’t have just guessed”.
I told him I want to reject vehicle as it wasn’t as described. He then changed his story and says he didn’t tell me it had the feature and he wasn’t wrong about the tax amount and it’s my fault for not researching the car. He said “I don’t know everything about every car. If I was spending £x on a car, I’d certainly be checking things and doing my research. We aren’t responsible for tax amounts”.
I pointed out that the ad literally said to check with seller to confirm tax amount as they know the list price. I did that. I also pointed out that he already admitted that he told me it had the feature in his first email and that he had got the tax amount wrong.
The additional tax warning was in capital letters on the front of the tax book. When I collected the vehicle, I asked if I could tax it at his desk and he said no, you need to go to post office to do that since you’re the new owner. Of course it was possible to tax it online.
I’ve now written to dealership owner setting out the legislation and copy emails and am now being ignored.
The dealership is a franchise dealership of the car manufacturer.
I asked a lawyer and they said that as far as “not as described” goes, if the misdescription is material to your decision making process on whether to purchase the vehicle or not, then you can reject the vehicle.
What do I do now though when the dealership is ignoring me and lying, after the initial admission?
Reacher1233 said:
I purchased a used vehicle 2 weeks ago. Before agreeing to purchase, took the car for a test drive with the salesman. I mentioned a feature my current car had and said that I would want that feature in the next car I buy. Salesman told me car had that feature. I was surprised as the advertised spec didn’t show it but he confirmed again that yes, the car has the feature. Told me where to change the settings to use the feature.
I also asked how much the tax would be. He confirmed the amount £190. Again, I expressed that that was good news.
Purchased vehicle under finance a few days later and went to tax it the next day and tax actually is £590 as list price when new was over £40k.
Also went to change settings to use that feature I wanted only to find car doesn’t have the feature.
Emailed the salesman to let him know on both scores and he replied straightaway to say that he thought he had read the spec and the car did have that feature, but sorry about that. He also said he had just taxed a similar car at the dealership on the day I test drove and it was £190 so he assumed my vehicle was too. He said “sorry, I should have done more due diligence on both fronts and shouldn’t have just guessed”.
I told him I want to reject vehicle as it wasn’t as described. He then changed his story and says he didn’t tell me it had the feature and he wasn’t wrong about the tax amount and it’s my fault for not researching the car. He said “I don’t know everything about every car. If I was spending £x on a car, I’d certainly be checking things and doing my research. We aren’t responsible for tax amounts”.
I pointed out that the ad literally said to check with seller to confirm tax amount as they know the list price. I did that. I also pointed out that he already admitted that he told me it had the feature in his first email and that he had got the tax amount wrong.
The additional tax warning was in capital letters on the front of the tax book. When I collected the vehicle, I asked if I could tax it at his desk and he said no, you need to go to post office to do that since you’re the new owner. Of course it was possible to tax it online.
I’ve now written to dealership owner setting out the legislation and copy emails and am now being ignored.
The dealership is a franchise dealership of the car manufacturer.
I asked a lawyer and they said that as far as “not as described” goes, if the misdescription is material to your decision making process on whether to purchase the vehicle or not, then you can reject the vehicle.
What do I do now though when the dealership is ignoring me and lying, after the initial admission?
I think you are on a hiding to nothing.I also asked how much the tax would be. He confirmed the amount £190. Again, I expressed that that was good news.
Purchased vehicle under finance a few days later and went to tax it the next day and tax actually is £590 as list price when new was over £40k.
Also went to change settings to use that feature I wanted only to find car doesn’t have the feature.
Emailed the salesman to let him know on both scores and he replied straightaway to say that he thought he had read the spec and the car did have that feature, but sorry about that. He also said he had just taxed a similar car at the dealership on the day I test drove and it was £190 so he assumed my vehicle was too. He said “sorry, I should have done more due diligence on both fronts and shouldn’t have just guessed”.
I told him I want to reject vehicle as it wasn’t as described. He then changed his story and says he didn’t tell me it had the feature and he wasn’t wrong about the tax amount and it’s my fault for not researching the car. He said “I don’t know everything about every car. If I was spending £x on a car, I’d certainly be checking things and doing my research. We aren’t responsible for tax amounts”.
I pointed out that the ad literally said to check with seller to confirm tax amount as they know the list price. I did that. I also pointed out that he already admitted that he told me it had the feature in his first email and that he had got the tax amount wrong.
The additional tax warning was in capital letters on the front of the tax book. When I collected the vehicle, I asked if I could tax it at his desk and he said no, you need to go to post office to do that since you’re the new owner. Of course it was possible to tax it online.
I’ve now written to dealership owner setting out the legislation and copy emails and am now being ignored.
The dealership is a franchise dealership of the car manufacturer.
I asked a lawyer and they said that as far as “not as described” goes, if the misdescription is material to your decision making process on whether to purchase the vehicle or not, then you can reject the vehicle.
What do I do now though when the dealership is ignoring me and lying, after the initial admission?
Whilst we were looking for cars, the very first thing I did was check how much it was to tax with the myriad of free car checks that can be done online, one of which did come up with the higher tax bracket.
And I would say you test drive the car and could have quite easily gone though the settings to confirm it had the feature.
Out of interest, what feature is it missing?
Thanks for your reply. I could have checked in the settings but I was told as a matter of fact that it had the feature.
The legislation for the short-term right to reject under “not as described” makes clear that it doesn’t matter if the goods were exposed to you for inspection. If the goods are misdescribed they are misdescribed.
The legislation for the short-term right to reject under “not as described” makes clear that it doesn’t matter if the goods were exposed to you for inspection. If the goods are misdescribed they are misdescribed.
Reacher1233 said:
Thanks for your reply. I could have checked in the settings but I was told as a matter of fact that it had the feature.
The legislation for the short-term right to reject under “not as described” makes clear that it doesn’t matter if the goods were exposed to you for inspection. If the goods are misdescribed they are misdescribed.
Unless you have it writing, you may find it difficult.The legislation for the short-term right to reject under “not as described” makes clear that it doesn’t matter if the goods were exposed to you for inspection. If the goods are misdescribed they are misdescribed.
You even said the advert didn’t state it had the option so you have no actual proof.
Thanks. I do have it in writing that he told me it had the feature as after I raised the fact that it didn’t, he confirmed in an email that he got that, and the tax amount, wrong and apologised for his mistakes.
It was only then when I said I wanted to exercise my right to reject that he started denying what he had already admitted to in the earlier email.
It was only then when I said I wanted to exercise my right to reject that he started denying what he had already admitted to in the earlier email.
Reacher1233 said:
Thanks. I do have it in writing that he told me it had the feature as after I raised the fact that it didn’t, he confirmed in an email that he got that, and the tax amount, wrong and apologised for his mistakes.
It was only then when I said I wanted to exercise my right to reject that he started denying what he had already admitted to in the earlier email.
Ah ok fair enough.It was only then when I said I wanted to exercise my right to reject that he started denying what he had already admitted to in the earlier email.
Other than that, do you like the car?
Is this feature really worth getting all legal for?
Bemmer said:
Another first post drama.... So you were test driving a car that wasn't advertised with the feature that you wanted.... And its bloody easy enough to find out how much the road tax would be...
Yep. It seems that first poster puts a lot more effort and diligence into rejecting a car than some simple checking when buying onedavek_964 said:
Bemmer said:
Another first post drama.... So you were test driving a car that wasn't advertised with the feature that you wanted.... And its bloody easy enough to find out how much the road tax would be...
Yep. It seems that first poster puts a lot more effort and diligence into rejecting a car than some simple checking when buying one
I like the car ok but as it doesn’t have that feature, it’s not what I wanted.
I don’t disagree that if I had a Time Machine, I would have said “show me”, and I should have got him to show me, even when he was telling me that it absolutely had the feature. But that’s not really the point. The point is he did tell me it had it and it doesn’t. It’s on him to tell me correct information when I ask. There are features not listed on the sales ad such as extras.
So I wanted to hear from others that have experienced similar and what you did.
I don’t disagree that if I had a Time Machine, I would have said “show me”, and I should have got him to show me, even when he was telling me that it absolutely had the feature. But that’s not really the point. The point is he did tell me it had it and it doesn’t. It’s on him to tell me correct information when I ask. There are features not listed on the sales ad such as extras.
So I wanted to hear from others that have experienced similar and what you did.
cuprabob said:
Can the feature, that you won't tell us what it is, be rstrofitted / enabled?
The tax thing, although annoying is really irrelevant as if you were to successfully reject this car, the it likely the replacement car you buy with the "secret feature" , will cost the same to tax.
Surely he must have had to pay for the Tax at the point of Sale/collection so knew how much it was before driving away...The tax thing, although annoying is really irrelevant as if you were to successfully reject this car, the it likely the replacement car you buy with the "secret feature" , will cost the same to tax.
As I said in my “essay”, I asked if I could tax it when collecting and was told that wasn’t possible and I would have to go to the post office the next day to tax it. I am in NI. On an NI reg car, you can’t tax a vehicle online. But this vehicle has an English registration plate, which means it is possible to tax online. But the salesman said it wasn’t possible, probably because when he bundled the papers to handover he spotted the note re higher tax and wanted me out of the showroom asap.
A friend of mine was in a similar situation, she wanted to upgrade to a newer model of her car. During a test drive the car felt sluggish in comparison to her old car but she was assured by the main dealer salesman that the car's engine had the same hp as her existing car and as it only had done a 1000 miles it would loosen up and perform as well as her old one (Kia Picanto or similar). After she bought the car it struggled to maintain 70 on motorways and she needed to use lower gears than her old one to get up hills and it didn't improve with use.
After a couple of weeks she took the car to a Kia dealer more local that the supplying one who advised her that the car was a version with a 66hp engine, whereas her previous one was 99hp.
She wrote to the supplying dealer explaining that she considered that she had been miss sold and they accepted her case and returned her old car which she had PX'd and returned her money. Information provided verbally by the salesman formed part of the contract and they were in breach.
After a couple of weeks she took the car to a Kia dealer more local that the supplying one who advised her that the car was a version with a 66hp engine, whereas her previous one was 99hp.
She wrote to the supplying dealer explaining that she considered that she had been miss sold and they accepted her case and returned her old car which she had PX'd and returned her money. Information provided verbally by the salesman formed part of the contract and they were in breach.
Reacher1233 said:
As I said in my “essay”, I asked if I could tax it when collecting and was told that wasn’t possible and I would have to go to the post office the next day to tax it. I am in NI. On an NI reg car, you can’t tax a vehicle online. But this vehicle has an English registration plate, which means it is possible to tax online. But the salesman said it wasn’t possible, probably because when he bundled the papers to handover he spotted the note re higher tax and wanted me out of the showroom asap.
So why did you continue Tax it..? That was the ideal time to stop and reject the vehicle and by this time you'll have known it didn't have your desired Camera....? Gassing Station | Car Buying | Top of Page | What's New | My Stuff