Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To expect some kind of refund?

35 replies

Doodlekitty · 15/08/2013 06:27

And if so, what do I ask for?

DH and I bought a used car on Friday. We are both pretty clueless about cars but he did a bit of research and we had a list of essentials that we wanted. traded in my much loved mini for a more practical family car. We didn't get as much for the mini as I would have liked but got more than our minimum. we paid extra for a service pack and scotchvguarding on the seats etc.

one of the things listed on the car description was cruise control. this wasn't something we were particularly bothered about but was a nice added extra. However, when we picked it up it doesn't actually have this. We didn't realise right away because we've never had cc before, we had to look up what it should look like etc.

When we got car home it was pulling to the left. Dh took it in and its being repaired. I need to go and collect it today. I feel like it was slightly wrongly sold to us and if it doesn't have cc it should have been a bit cheaper. AIBU to ask for some money back and if so how do I go about it? I'm not the type to complain usually and I'm happy with the car but we are a bit disappointed that out little bonus does not actually exist.

OP posts:
MissTweed · 15/08/2013 06:32

I think it depends on the price if the car TBH (in my opinion obviously) ie if it was an expensive £6k+ then yes cc would affect the price (only a teeny bit) but if it was more £2k then wether or not it had cc would not affect the price so much. It's worth a try though.

MissTweed · 15/08/2013 06:35

Similarly would you want to pay extra for a car because it had a gadget or gizmo that you weren't really fussed about? I think these things only affect the price when it has a few of these high spec additions (compared to just the basic model) but one or two wouldn't make much difference to the price?

Original poster
Doodlekitty · 15/08/2013 07:00

The car was touching 5k. I was think of asking them to refund the extra packages I bought, so £300. Maybe IABU with that.

OP posts:
HarryTheHungryHippo · 15/08/2013 07:07

They don't need to know that you weren't that bothered by cruise control. Don't ask don't get

NewAtThisMalarky · 15/08/2013 07:11

Did you buy it privately or through a dealer? You'd have more rights if through a dealer.

You could always play it dumb and ask how to use the cruise control as you cant figure it out. When they realise, you then say how disappointed you are, that that was one of the key features you were looking fir etc

Original poster
Doodlekitty · 15/08/2013 07:28

its a dealer New at this. That's the route I was going to go but hubby said it seemed sly

OP posts:
MissTweed · 15/08/2013 07:53

They sold you something that it doesn't have so its not sly!! I'd still give it a go!

NewAtThisMalarky · 15/08/2013 07:54

Hmm, I don't think its sly. I think its covering your own back just in case its not where you expect it to be - you don't want to go insisting 'this doesn't have what you said' to find out it has it, just not where you expected.

I would have no hesitation in going back to a dealer in those circumstances.

amistillsexy · 15/08/2013 07:58

I think the dealer would laugh if you ask for a refund, tbh. He's got your money now! You'd have to be really hard nosed to get anything out of the dealer I go to once the paperwork is handed over.

If I were you, I'd chalk it up to experience. By all means, tell him you're annoyed the cc isn't there, and judge from his reaction whether or not to use him again.

BoysBoysBoysAndMe · 15/08/2013 07:59

If you have bought the car with any kind of finance, you may have a 14 day cancellation period? Might be worth checking your paperwork.

And although cc may have been listed it sounds like it was human error. By all means you can ask but I think you're much more likely to get half a tank of petrol out of goodwill on their part rather than £300.

Good luck

youarewinning · 15/08/2013 08:04

I like Malarkys suggestion.

If it doesn't you can always make a comment such as "Oh, I'll need to discuss this with my DH as we were 'sold' CC as part of the car"

See what they say but you may find they offer to make an agreement.

If they start the whole talk talk talk bit back away and go back when you know what you want - cars sales people are too good at talking the talk IME!

pudtat · 15/08/2013 08:11

Technically they are at fault as they provided false information which you relied upon. We had this once with a car listed as having a cd radio actually didn't. They installed one for us.

Obv you can't get cc retro fitted, but it might be worth seeing if they will chuck in one or more of your extras.

MackerelOfFact · 15/08/2013 08:24

They mis-sold you the car. Whether they meant to or not is immaterial.

See this page from the CAB about goods that do not match the description you were given when you paid for them.

They might try and fob you off about it being 'sold as seen' (which might well be the case if it was something obvious, like being described as blue with 5 doors, when it was quite obviously red with 3 doors) but with something like CC that you wouldn't have noticed was missing, I don't think they can reasonably argue that.

They ought to give you some form of alternative to the CC you believe you were getting, either cash or some other extra.

lljkk · 15/08/2013 08:28

Uphill battle, wouldn't be worth the stress for me.

Mandy21 · 15/08/2013 08:33

I think the CC is a side issue - I'd be more concerned that the car was pulling to the left and needed repairing immedicately upon leaving the garage / dealer. Thats not right. It sounds as though the dealer / garage is a little slapdash and I'd be using the cruise control point as a way of negotiating a) it didn't match its description and b) it was not in road worthy condition. I'd be getting very wary of how reliable the car will be in the future.

GiveItYourBestShot · 15/08/2013 08:36

Similar happened to my brother, he went back, complained and got some money back. As PP has said, it's mis-selling and you'd expect better from a dealer.

Catsize · 15/08/2013 08:48

You are entitled to your money back. Shame you have paid for repairs! As you have been sold a dodgy car, I would have few qualms in saying that the cruise control was 'a material term of the contract'. If feeling generous, you could always go for an exchange and pay any extra/be refunded anything due, but you do not have to do this. This is why you go to a dealer and not a private sale. Threatening to go to the local press can also work wonders.

Brillig · 15/08/2013 08:58

You need to be firm on this. A car you've just bought from a dealer should not need repairs almost immediately. And if it was sold to you as having cruise control, it should have it - you've paid for something you didn't get.

Look up Honest John of the Telegraph, he's a straight-talking ex-car dealer and answers lots of problems like this - just google him.

If you don't want any hassle, fine, but personally I would pursue this. It wasn't as though you paid £500 for a banger - 5k is a lot and he's ripping you off. Sorry Sad

Original poster
Doodlekitty · 15/08/2013 09:28

Just to be clear, I haven't paid for repairs, it's gone back to dealer and they are repairing for free. Bit if a mixed fresponse, I think I'm going to try and push it but I'm a bit hopeless at these things. Think I will go down the 'can you show me' route and act like it was very important to us but not expect too much. Thanks guys

OP posts:
phantomnamechanger · 15/08/2013 09:34

oh, good old them, they are "repairing it for free" Hmm - sounds like they are doing you a favour here!

so if you are lucky it might be safe to drive this time???

why are you concerned about the CC and not that they sold you a car with something seriously wrong with it!

a word of advice - if you know nowt about cars, get the AA/RAC to do a buyers report before you buy - it may cost £150-£200 but you have peace of mind - they spotted all sorts of minor things which the garage put right for us before purchase.

QueenofallIsee · 15/08/2013 09:48

The Sale of Goods Act provides three statutory rights:

?The seller owns the goods and can sell them.
?The goods are of satisfactory quality.
?The goods are ?as described?.
It goes on to describe the remedies that are available. In summary, these are:

? A repair.
? A replacement.
? A refund.

So you can ask for a refund and be within your rights to expect to be taken seriously. Second hand goods are not exempt from this

GhostsInSnow · 15/08/2013 11:46

What car is it? Some models already have all the wiring etc there for cruise control so you could ask the dealer to fit it for you.

For example, with our old 08 plate Astra all that needed doing was the stalk replacing and reprogramming. DH did it himself for a cost of £40 for the stalk. This would be easy stuff for a dealer.

Our newer 10 plate Focus also has all the wiring there but as the CC is on the steering wheel that needs replacing at a cost of around £150.

Depending on the car its perfectly possible to fit it for you quickly and easily at their cost.

NecessaryNC · 15/08/2013 11:47

.

LIZS · 15/08/2013 11:52

Do you have the original description you responded to ? Try Trading Standards if they are less than forthcoming. Did the original manufacturer's car spec mention it, as it may have been an option ?

Tiredmumno1 · 15/08/2013 12:07

I think I would be taking the car to whoever the car is made by, and getting them to check it over to make sure nothing else is wrong. Then I'd be making a decision from what they say.