New Car XC90 2003

[karthick_3d]

Thanks bignose and diy,
I think was too carried away with his sales talk and I did a basic search about the car for the number of owners and other stuff. I learnt a lesson now.
I am planning to send a Text with the following content
"I regretfully need to cancel this deal since the car was sold to me with wrong informations. I will send a detailed letter"

One of the problem is, The dealer is always aggressive and I am submissive, so he might comeback harshly on me.. But i should do this.

I will keep updating in this page guys.
Thanks for your response.
-Karthick

[diy]

Why regret?

"The car is not as described due to the undisclosed faults I have found. I am Rejecting the goods and will contact you to arrange a refund."

From his point of view he will do everything he can to get you to accept a repair, the longer he can play you along, the less likely you will be able to build a case for rejection. If you literally picked the car up yesterday and drove it straight back because of the faults, then you are best to stick to your guns and get a refund.

but I cannot stress enough that you must make it clear that you are "rejecting the goods", not cancelling". You have no right to cancel the contract unless you agreed a cancellation clause.

If you are nice person and naturally a push over, take someone with you who can help you. He should be able to cancel the re-reg by calling the dvla on Monday, he probably hasn't taxed it yet anyway.

[karthick_3d]

Sent the below email to my dealer. Hoping to get my full refund.
-----------------------------------
I sent you a message over the weekend regarding service history of the XC90 and have not got a reply from you with regards to the same. So I assume that you do know we were looking into the service history of the car you sold us. We did some matching of MOT history from DVLA with the service history book that you have given us. [Unless the service history book is wrong, in which case send me the correct service history book and the below mail is void.] We find that the two do not match at all.
One of the selling point for this vehicle was the FULL SERVICE HISTORY and the document that you showed us [and have provided us as the service book for the XC-90] is false. The other selling points, which we have managed to check and confirm that they do not work are detailed below. We are not willing to go ahead with the transaction.
The car is not as described due to the undisclosed faults I have found and the incorrect/mismatched service history details. After referring to trading standards and feedback from solicitor forum, we have decided to reject the car. Kindly cancel the registration of the vehicle in our name. I am Rejecting the goods and find below my bank details for the full refund.
Thanks
Karthick

Your advertisement - In bold are the things in the car that is not working or returned for repair to you
Description
Black Metallic With Cream Leather Interior, Automatic / Tiptronic, 7 Seater, Rear Parking Sensors, Privacy Glass, Electric Windows / Mirrors / Sunroof / Heated Memory Seats, Climate Air Conditioning, ABS, 6 Double Spoke 18 Inch Alloy Wheels, CD Player, Cruise Control, Full Leather Interior, R/C Locking, Power Steering, Roof Rails, Alloy Dash, Over Mats, MOT 4 / 4 / 2011, Full Service History.
Safety Features
Airbag Driver, Airbag Passenger, Airbag Side, Anti-Lock Brakes (ABS), Electronic Stability Program (ESP), Immobiliser, Alarm
Exterior Features
Alloy Wheels, Rear Spoiler, In-Car Entertainment, Radio, CD Player
Interior/Comfort
Climate Control, Central Locking, Cruise Control, Leather Seats, Electric Adjustable Seats, Electric Windows, Parking Sensors, Power Steering, Sunroof
V5 Document present [not present]
Two keys for the vehicle [not present]
----------------------------------------

[artwilliam]

Sorry to hear about the problems you're having Karthick.

I've just been to their website and I have to say that they look pretty impressive from the outside with lots of expensive stock....I'm not surprised that you expected some decent service from them!
This car doesn't sound right, perhaps it was px that they've struggled to shift?

Stick in there, stay calm and let them know that you fully understand your rights as a consumer.

"Demanding a Repair or Replacement
If a car is faulty, the buyer has up to six months after date of purchase in which to reject the vehicle. You can demand a repair or a replacement, unless a replacement would cause "disproportionate or significant inconvenience" to the dealer - such as when a repair might be just as good/effective as a replacement or if the defect is minor - then a price reduction may be more appropriate.

The dealer has to prove the car was of satisfactory quality when sold, so there is no need for an independent car inspection. Put your concerns in writing to the dealer and give any additional evidence to support the problems. "

http://www.consumerrightsexpert.co.u...ourRights.html


Let us know how you're getting on.

[diy]

Thats only one half of the consumer rights a person has and deals with issues of quality and fitness for purpose. The other half deals with sale by description.

Products sold by description must match the description. end of... If the item is not as described the contract can be rescinded. Given in this case these faults were in existence at the point of sale and not ones which developed shortly after, the issue is not quality or fitness for purpose, but purely failure deliver goods matching the description.

Just thought I'd add that, because I found the standard consumer advice a bit confusing too.

[karthick_3d]

Thanks guys,
Still waiting for the reply for my email from the dealer. I have sent a hard copy of the letter today. May be I ahve to call him tomorrow If he is not responding to emails or text messages.
you are correct artwilliam, they have really nice cars. May be I fell for a wrong car.

[karthick_3d]

Guys,
I got a reply from the dealer like below.

you have been trying to get out of this deal from hours after signing invoice i will refund your money less £500 deposit all the work is being done on car this is my only offer

My stand will remain the same regarding the full refund.
I think he doest seems to understand that his false information, his very rude conduct, pathetic service, attitude to cheat the customers (oh my god why am I getting angry!!! ) made me to decline this offer.


Regards
Karthick

[diy]

Take the money then pursue him in the small claims court for the deposit. A careful reply is needed.

see my reply