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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Good morning, I have purchased a factory ordered new

Customer Question

Good morning,
I have purchased a factory ordered new Mercedes Benz Vito. The order form clearly indicate a vehicle with a tail gate. The vehicle was delivered to the dealer on Friday 13/05/2016 . ON 12/05/2016 the dealer contacted me to have the finance agreement sign as to get the vehicle ready for delivery. I sold my previous van which I use to carry out my business of flooring installation. On Monday 16/05/2016 late afternoon I received a call from the sales person asking for the balance of the deposit on the van . I transferred the money a total of £8 846.00 to the dealerships account on Tuesday 17/05/2016. On Tuesday afternoon it was confirmed to me that the vehicle was ready for collection on Wednesday 18/05/2016. arrangements was made to collect the vehicle between 10:00 and 11:00 on Wednesday morning.
I now had no vehicle and was relying on getting the new van on Wednesday as to allow me to carry on working. On Wednesday morning around 09:46 I received a call from the Sales person at the dealership informing me that the vehicle that was delivered was not as ordered as it has barn doors rather than the tailgate as ordered. This was to me a huge disappointment as I wanted a tailgate for a good reason.
When seeing the van it looked good as it should, but the barn doors did not look good at all.
The sales person indicated that they could order a new vehicle, but that would take around 8 to 10 weeks for delivery. I now have changed my insurance to the new van and has arranged for the van to by ply lined ect. I was in a position of full commitment from which it was very difficult to recover. They offer to pay for some adjustments to be made as to get the vehicle offering some sort of use as it would be should I have had the tailgate. I agreed under duress
as I needed a van and no lone vehicle was on offer.
Since then I requested that the cost of the repairs be changed and that they refund me the money for the gap insurance on the van instead. They agreed to the latter and requested that I now send an e-mail accepting the offer. This action made me realise that things were not right.
I need to know what is the best way to go forward as I do find the tailgate issue a very contentious matter. All the documentation I have of the order that was signed shows the tailgate. All the other options are correct and the tailgate is a no cost option.
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.
Hello my name is ***** ***** I will help you.What is it you want to Achieve if you requested they pay for the gap insurance?Alex

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