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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52121
Experience:  Qualified Solicitor
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I ordered a new motor vehicle for my daughter and paid £1000

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Hello, I ordered a new motor vehicle for my daughter and paid £1000 deposit. The car was a Hyundai I10 1.2 87ps SE, this is clearly stated on the order form, the price against the dealership price guide reflects this model. We picked the vehicle up one week later, we were shown the invoice and the price for the vehicle tallied with the order price. I then paid the full amount on my debit card.However, here is the problem, on the invoice which we did not pick up on at the time, nor did the sales person mention, the car has changed to a lesser engine power output one, a Hyundai I10 1.0 66ps SE. We have contacted the dealer and their sales manager has basically said unlucky. I have been to the dealer again, I have rung them yet they do not return my calls.Car was ordered 04/03/18, picked up 11/03/18, error noticed and dealer contacted 13/03/18. The car is not as described on the order for neither is it fit for my daughters purpose.What are my options please? I did email the dealer principal yesterday, but as yet have had no reply, but to be fair it is quite early. Thank you Peter

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is your preferred outcome - just get the correct car?

Customer: replied 7 months ago.
that is all.

Thank you. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller. In this case you will be arguing that the vehicle is simply not as described.

The rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible.

All you want is a replacement so you can ask for that as it is your statutory right to do so, therefore contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 7 months ago.
Hello Ben, thank you. It is what I thought but having this as back up will certainly help when I go back to the dealer later today. I take it that my time of purchase was when I ordered the car and paid the deposit against the order form.

it is when you received the car as that is the first time you would have known when there was anything wrong with it

Customer: replied 7 months ago.
Sorry Ben, but this seems confusing, the order form and the invoice match in costs but differ in type of car. The costs are for the car I ordered i.e. the car with the more powerful engine. The type of car on the invoice was not noticed by us until two days later, nor was it mentioned at the time by the sales person. We immediately contacted the dealer then.

The 30 days are only relevant for a refund, you have already contacted them about this and highlighted the issues and what you want so you do not have to worry about this

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