Is the car dealer in the wrong here?

I was stuck behind a 65 plate 120d msport the other day and they either didn't have it or didn't know to use it. 50mph roadworks. I set mine to 53, they overtook me and sharply braked every 5 seconds to try and maintain their speed. The only time they sped up and stopped braking was when I tried to overtake them. Argh! Not poverty spec at all but odd. I had a 19 plate of the petrol version of the same car and it had it!

That's why cruise control is worth having - to all the people who say they've never used it!

Are you for real?! Get with the times!! Cruise control is a great feature that also improves efficiency of the vehicle. We’re not in the Stone Age anymore

Are you wanting to return the car? Does the dealer have a returns policy. Some wil accept the car back within 14 days?

@CantHoldMeDown
Why do you assume this was sold remotely?

I didn't. I think the OP bought her car in person. I mentioned distance selling in response to another poster who was talking about distance selling in general and their incorrect belief that distance selling legislation doesn't apply to 'one off' items.

Easy enough to remove 😁

@ATenShun
This only applies to distance selling, and as a used car is a one off item, will fall outwith the scope of distance selling for that reason also.

The dealer may offer to help you out, if you say you were promised it had cruise. However again they have no obligation

You maybe 'be in the know' but I'm not sure what you are in the know for?🤔

A used car may be a 'one off item' but it still falls under distance selling regulations if sold remotely.

If a dealer promised the car had cruise control they are very definitely are obliged to make sure the car has cruise control otherwise or take action to rectify their mistake. A verbal description of the car is legally binding. It's harder to 'prove' but is binding.

OP, you have had a lot of bad advice on this thread. I suggest you read up on what you can do. You probably need to escalate your complaint and then if they don't do something you can possibly go to the motor ombudsman or go to you credit or debit card company and get a refund from them (Sectin 75 or a chargeback)

This is from someone in the know. With used vehicles you have no legal right to return unless it is faulty or it is unsuitable for the purpose sold. Face to face deals have no right to return within 14 days. This only applies to distance selling, and as a used car is a one off item, will fall outwith the scope of distance selling for that reason also.

The dealer may offer to help you out, if you say you were promised it had cruise. However again they have no obligation. The law will tell you that if it is something that is obiously missing or incorrect you have no recourse. An example would be you expected a CD player but it was a tape deck. It would be accepted that the buyer should of reasonably noticed it.

My advice is to go in and try to speak to the sales manager. Play naive and pitiful and they may help you out for goodwill.

My cruise and limiter are on the same switch dial thing - I flick it up for cruise and down for limiter. Have you double checked the manual? Checked online? Can you go back and check with the dealer?

I liked my speed limiter too…my car was limited to 155 mph ..🤣 I don’t like cruise control but my ex never went anywhere without using it

I have a BMW (brand spankers) and it has cruise control and limiter. Going to be honest, I use cruise control on practically every journey. Never the limiter. All of the VAG I've had also had cruise control and adaptive at that! Newest one would have been about 2018 tho

There are plenty of poverty spec ones out there with just a limiter.

I have a BMW (brand spankers) and it has cruise control and limiter. Going to be honest, I use cruise control on practically every journey. Never the limiter. All of the VAG I've had also had cruise control and adaptive at that! Newest one would have been about 2018 tho.

I'd say double check too. I can't see it having one and not the other.

What car is it, maybe we can help you find it?!

I believe from a dealer you have 14 days to return it so i would.

Plenty of cars made in the past 10 years only have limiters and not cruise. It’s definitely a thing on VAG and BMW products.

Id double check because I have never known a car with a speed limiter not also have cruise control-they’re usually part of the same system.

I'd never buy a car without cruise control. I use it every day even when I'm not on motorways. The road between my town and the next is a 30mph road but feels as though it should be faster as there are few houses and no streetlights etc so it's too easy speed a little if you aren't concentrating. I always use my CC on that road.

I'd get a car salesman to put every single thing in writing. Why not!

OP, I hope you get it sorted. There is a lot of incorrect advice on this thread.

Adaptive cruise control is far safer than “standard” cruise control. Regular cruise control has the car travelling at the set speed until you break, even if you catch up a slower vehicle. Adaptive cruise control will travel at the speed you set unless you break, or catch up with a slower vehicle or another vehicle pulls in front if you - your car will then adjust speed to keep a safe distance from that vehicle and when they move back into another lane or accelerate themselves then your car will accelerate accordingly (up to the speed you set).

IMO it’s a very good system and I would hate to not have it, especially on very long motorway drives here and in France.

What make and model is it? Can't you check the user instruction manual? It should be available online for free.
If it doesn't have it the dealer's wrong for lying but you can't prove it enough to take any action. Your only choice is to take advantage of the 14 day cooling off period.

Perfectly within your right to go back and return the car, or exchange it. A good dealership will want a happy customer.

Go back to dealer, find person who sold car to you and ask them to show you where the cruise control that you were assured was part of the car is.

And agree that this doesn’t have to be a battle.

Write politely and assertively with factual information.

Speak in the same way showing you expect a resolution that is acceptable from them. Show you understand that goods must be as described and that this isn’t the case.

Don’t be aggressive or rude . Mistakes happen. Firms know mistakes happen and they have to rectify them. Polite and assertive is the tone you want. Don’t be fobbed off or side tracked by side issues. If necessary, keep repeating ‘not as described. Does not have the features I specifically checked were included’

Yes, I'd be going back in and speaking to the sales guy first, reminding him that he 'double checked' and assured you that it had cruise control. Take someone with you as back up. Be prepared to speak to the manager too. Be clear on what you want and how you expect the matter to be resolved. You wanted cruise control, it was a deal breaker and the guy told you what you wanted to hear to get the sale. Even big, reputable garages do this (from experience). Good luck. Let us know how you get on.

Lots of people seem to miss the point. Op isn’t asking whether she should take out a new contract or if CC is worth having or not. This is purely a consumer rights issue.

I would start by expecting them to sort this out for you. Start and speak/write with the expectation they will sort it out. And be clear what you actually want in your own mind.
Do you want a refund so you can get a car with CC?
Do you want them to retrofit it?
Do you want them to reduce the price?

So be clear in your own mind which of these options you want and if there are any others you would accept.

Before you make contact, ensure you know the name of the person you spoke to - check your paperwork if you’re not sure or call up and find out.

Look at any paperwork or advertising of the car (paperwork or screen shots) to see what features were mentioned.

Approach this with confidence and not by apologising. Start with an email. State that this feature was important to you and why you chose this particular car. Name the person you spoke to and the date the conversation was had and exactly what happened. Tell them that the car you have received does not have the features you were told it has. Ask them about what resolution they can offer you. Make clear that if the resolution is not satisfactory you will have to reject the car and have a full refund as the car is not as described.

Ask them to email you to confirm receipt of your message and to call you within 24 hours to discuss next steps forward.

Absolutely expect a solution. Do not start sounding meek and as if you are asking a favour. You have paid for a feature. You must receive it or an alternative arrangement reached.

I think you’re right to question this. I don’t understand people saying the onus is on you. If you bought a TV or washing machine and the seller double checked and confirmed a feature you would expect to be able to trust them. If this is a main dealership they should help sort it. If they don’t, ask for their complaints procedure.