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I have brought a new car in June 2013. I have asked the dealer

Customer Question

I have brought a new car in June 2013. I have asked the dealer of TOYOTA to get me a new, small, fully automatic, 5 door, not expensive car. He recommended me Toyota Argo Fire. I have send all necessary documents and a small deposit,all by phone and online. He brought me the car on 11th June 2013, after registering in my name and told me "when you stop you have to put the hand break other wise it will roll back". As I know we have to pull the hand break when it is parked, I said OK. Next day I took the car to work, for my surprise every stop in the traffic I have to pull the hand break as it was rolling back.XXXXXmy shoulder was aching so bad I could even pull the break fully. I call the deal and told him I can't drive this car as I have a medical problem of my left shoulder. He said try using both feet , one in break and one in gas. I tried that but I was not enjoying my new car, it was like a punishment. Since then I am asking him to solve the problem as he delivered me a wrong item. He is not willing to take the car back and give back my deposit. He said I have to take another new car from them and pay more monthly direct debit which I am not willing to do as my financial situation doesn't allow me.
What do I do? Please advice me. My thrill of having a new car is gone and very disappointed and depressed.Please help
Lisa
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Sorry if I'm missing the point but why is this the wrong item? I presume you saw it and accepted it?
Customer: replied 3 years ago.

I didn't see the car or test drive as one of my colleague's friend was the dealer. My colleague said the dealer will help. I didn't ask for a car with gear box

Expert:  Jo C. replied 3 years ago.
Why didn't you reject it immediately please?
Customer: replied 3 years ago.

I did reject next day as it was late in the evening he brought the car and I was baby sitting my grant child. I couldn't drive that day. Also I was not expecting to roll this car back for every stop. I usually drive automatic car

Expert:  Jo C. replied 3 years ago.
Thanks

But surely you noticed when you drove it to work? Sorry to be persistent about this but he will seize upon this issue.
Customer: replied 3 years ago.

I noticed and from the work I texted him to say I can't drive this car as I have a medical reason. He said he will sort it out.


 


!st of all the correct information was not given to me, ie. it has a gear box and it rolls back if the hand break is not on. If he said that I won't have that cat as I know my medical problem. In the morning in the traffic how many times I have to stop and use the hand break .


 


A sales person doesn't give correct information to the customers is wrong

Expert:  Jo C. replied 3 years ago.
Thanks.

You can certainly try to reject this vehicle under the sale of goods act on the basis that it does not meet its description. You asked for an automatic and he supplied a manual.

However, he will either be arguing that you didn't ask for a manual or upon sight of the vehicle you accepted it so you need to be prepared to rebut that. It can be rebutted but you need to do so. He will be pointing to the fact that you didn't complain Immediately. Start to keep a note now of why you too the actions that you did and date stamp it. It will help you to remember should you need to sue.

You can always sue at the small claims court if it comes right down to it. If this is a finance agreement though thats rather different but you can still achieve the end result. If you tell me your finance agreement I will tell you your options. I'm just offline as I'm up early but I'll pick up on the morning if thats ok?

Jo
Customer: replied 3 years ago.

thank you Jo for the answer.


 


The car cost me around £ 11,000.00


 


The finance agreement was I pay £1000.00 as deposit and the Toyota company gives me finance interest free for 3 years. I have to pay £151. 72 every month as direct debit and at the end of 3 years pay about £ 4500.00.


I agreed that as it was difficult for me to pay 11,000 straight away.


I have all the text messages in my phone from the day I decided to return the car.


 


Thank you once again


Lisa

Expert:  Jo C. replied 3 years ago.
Sorry for the delay overnight

Was this agreed or signed after you saw the car or before?
Customer: replied 3 years ago.

before and registered in my name. Then he brought the car to me.

Expert:  Jo C. replied 3 years ago.
Thanks.

Does the finance company have a cooling off period? The car won't but what about the finance?
Customer: replied 3 years ago.

I don't know what is that mean. I was depending on the sales man. He did every thing. They took my monthly payment this month.

Expert:  Jo C. replied 3 years ago.

You need to look into that very carefully.

 

Almost certainly the finance is provided by another company. Your claim is not against them. You do have a claim in relation to the car but you will still be liable to pay the finance. The only way to deal with that is to either agree a replacement with the dealer or sue the dealer for the value of the car and use the award to repay the finance.

 

That is unless, of course, there is a cooling off period.

 

 

 

 

Customer: replied 3 years ago.

What do i do to sue the dealer? I have to pay the finance company. The dealer didn't give proper information regarding the vehicle. That is my problem. He said he will sort it out. I did agree to get a 2nd hand car and for him to take this car back. I told him I will take the finance if it is too much to pay once for the 2nd hand car.

Expert:  Jo C. replied 3 years ago.
You can issue against him here

www.moneyclaim.gov.uk

But yes, you are liable to the finance company unless its exactly the same company or they guarantee the deal in some way.
Customer: replied 3 years ago.

The dealer arranged the deal for the finance.

Expert:  Jo C. replied 3 years ago.
That wouldn't make any difference unless they are the same company as I said.
Customer: replied 3 years ago.

dealer is the Toyota company's representative and Toyota company gives the finance it looks like as Toyota finance department send me letter to pay of the rest of the payment by 9th of July, when I informed the dealer that I don't want this car.


Then again before 9th of July I called the dealer to sort that part of the problem he said it will be sorted. After that Toyota didn't send me letter but they collected the monthly direct debit.

Expert:  Jo C. replied 3 years ago.
Usually they have different companies - Toyota limited or something similar.You need to check the agreement. Your position would be stronger if its not the same as i have said
Customer: replied 3 years ago.

It is Toyota Financial Services (UK)PLC


Can I call them and tell them the situation ? In any way can they help?

Expert:  Jo C. replied 3 years ago.
Is that the company that sold you the car? I know it sounds like the same company but I bet it probably isn't.

You could call them and ascertain that. Might be helpful

Customer: replied 3 years ago.

The company which sold the Car to me is Steven Eagell Toyota


Milton Keynes

Expert:  Jo C. replied 3 years ago.
Yes, I though so.

Unless the finance company confirm differently, its as I've said. You might want to check with them
Customer: replied 3 years ago.

Steven Eagell is a Toyota dealer They have 7 Toyota show rooms of Toyota.

Expert:  Jo C. replied 3 years ago.
Yes, as I've said, they may sound similar without being the same.
Expert:  Jo C. replied 3 years ago.
Unless, of course, they confirm differently which is why you need to ask as I have said
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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