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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Feel I was missold car deal

21 replies

Partypotatoes · 26/05/2023 08:01

Hi everyone, looking for some advice please - posting here for traffic!

Basically I believe I was missold my new car and finance agreement. I traded in my old model for a new car of same specification. I was told it would be the same inside as my old car so thought no more about it. I was also told I had a 14 day cancellation period on my finance agreement. I made it clear to the salesman I had not had finance before so needed things explained to me.

To cut a long story short, the car is not the same. The roof is lower and seats are higher meaning it is impossible for my partner to drive and really uncomfortable for him as a passenger to the point he doesn’t feel he can travel safely in the car. I contacted the garage to be told all I could do was settle my finance and move to another deal. I explained about being within my 14 days when the salesman I spoke to got very short with me and essentially said I had agreed to buy the car and if I didn’t want the finance I had to buy the car myself. I never agreed to buy the car, and I cannot believe the squiring of the car is not somehow linked to the finance agreement?!

I feel so angry that I believed what I was told and now it’s turned out to not really be the case - but I also feel you should be able to trust to a certain extent what you are being told?

I see from lots of reading online if the car is not as described I should be able to return for a refund within 30 days, and should be able to withdraw from the finance within 14 days but nobody at the dealership will listen to me. I have contacted customer services who are awaiting a response from the branch. I feel beyond stressed about this and wonder if anybody can help me at all with what to do now?

OP posts:

yepgoingforarun · 26/05/2023 08:03

Odd that your partner didn’t try out the car given certain features important to him

and when asked whether the inside features were the same, he was probably reasonably thinking about driving features, sound system etc. Not roof height

Original poster

Partypotatoes · 26/05/2023 08:04

He was unavailable the day I went to the garage and given I was told ”this is the same as your current car” I didn’t think there would be an issue.

OP posts:

yepgoingforarun · 26/05/2023 08:05

I was told it would be the same inside as my old car so thought no more about it.

Well it is a big purchase so you should have thought “more about it”

Original poster

Partypotatoes · 26/05/2023 08:05

Thank you for being both so empathetic and helpful, I appreciate it.

OP posts:

yepgoingforarun · 26/05/2023 08:05

Partypotatoes · 26/05/2023 08:04

He was unavailable the day I went to the garage and given I was told ”this is the same as your current car” I didn’t think there would be an issue.

You didn’t think
it no doubt is the same insofar as driving features, sound system etc

ProfessorXtra · 26/05/2023 08:06

When you say specification what does that mean to you?

because usually in cars it means things like air conditionin. Like the extras that it comes with out with out.

bibbityboppityboo · 26/05/2023 08:06

Did you sit in the new model car?

With a question of "is it the same on the inside" I would expect to be referring to the dashboard, centre console configuration / driving system etc not the height of seats to height of roof measurement.

Can the seats be dropped down at all? How much lower is the roof and how much higher are the seats that your partner is unable to travel safely in the car?

You have 14 days from signing the contract in the "cooling off" period to cancel the credit agreement, but has that now passed? There's no distance selling loophole if you went to try the car yourself either I don't think.

I think you might be a bit stuck here, have you contacted the ombudsman for advice?

yepgoingforarun · 26/05/2023 08:07

Partypotatoes · 26/05/2023 08:05

Thank you for being both so empathetic and helpful, I appreciate it.

you were after empathy? For the fact you made a big purchase but seemingly have it very very little thought.

And you were after help? Ok…. You don’t have a leg to stand on

Original poster

Partypotatoes · 26/05/2023 08:07

bibbityboppityboo · 26/05/2023 08:06

Did you sit in the new model car?

Can the seats be dropped down at all? How much lower is the roof and how much higher are the seats that your partner is unable to travel safely in the car?

I think you might be a bit stuck here, have you contacted the ombudsman for advice?

I did sit in it but as I am considerably shorter I couldn’t tell things were different. The 14 days has not passed no…

OP posts:

2ndtimemum2 · 26/05/2023 08:08

Op did you test drive the new model? A car buy is a big purchase. What Year Is your current car? And to what are the actual safety issues your partner has about sitting in the car?

Aprilx · 26/05/2023 08:08

You do need to separate the car and finance agreement, they are different things. You bought a car and you took out a finance agreement. The finance agreement had the 14 days cancellation period, not the car sale. So it is correct that if you cancel the finance, you would have to pay for the car another way or separately reach agreement over returning the car.

As to whether you have grounds for returning the car, I am not clear, didn’t you get the opportunity to sit in the car before you closed the deal?

AthenaPopodopolous · 26/05/2023 08:10

There’s a lever you can push down on the seats to lower them fully. Try that.

bibbityboppityboo · 26/05/2023 08:10

@Partypotatoes

The 14 day cooling off period is in regards to the finance, so in that period you can change your mind on the finance agreement. That's not the same as your contract to buy the car, the finance agreement is just your method to buy the car - so if you cancel the finance, you might still be liable to pay for the car anyway, just not via the finance. It might be worth speaking to the finance company and dealership again on this, but that's my understanding.

I'm also a bit sceptical (not trying to be rude!) about your partners height truly being an issue in this new model of car, have you dropped the seats? DH and I are both over 6ft (him considerably) and have driven everything from minis to 4x4s without our height being an issue.

dementedpixie · 26/05/2023 08:10

Did you not sit in the car.and notice it was any different re: height? If it was important to your dp then he should have tried it out before the car was bought.

You can get out of the finance agreement within 14 days but it just means you need to pay for the car in another manner; it doesn't mean you don't still need to pay for the car.

SunnySaturdayMorning · 26/05/2023 08:10

YABU. It’s a big, expensive purchase of an item you’re going to using every day. You both should have been there so it should have been postponed until you could both attend.

I don’t understand how (or why) you managed to buy a car without test driving it and seeing the inside of it anyway.

openstop · 26/05/2023 08:11

Partypotatoes · 26/05/2023 08:04

He was unavailable the day I went to the garage and given I was told ”this is the same as your current car” I didn’t think there would be an issue.

I think you should have gone a day he was available. They don't have a duty to make sure your husband can sit in it.

NewUser123456789 · 26/05/2023 08:11

You can exit the finance agreement within 14 days by paying it off with no penalty, but you still own the car.

You can return the car if it is faulty within 30 days but it is not faulty.

There is no recompense for simply deciding it's not the right car for you, your options are either keep it or sell it and buy something else.

SunnySaturdayMorning · 26/05/2023 08:12

Oh okay, just seen your latest post. You did manage to sit in it but didn’t notice a difference

Aprilx · 26/05/2023 08:12

Aprilx · 26/05/2023 08:08

As to whether you have grounds for returning the car, I am not clear, didn’t you get the opportunity to sit in the car before you closed the deal?

I have just seen that you did see and sit in the car before buying. So no, sorry OP, you do not have a leg to stand on here. Your partner is going to have to get used to it.

2ndtimemum2 · 26/05/2023 08:16

Op have you looked at the contracts that you signed? There may be a penalty to get out of it if you don't want the car. What is the pick up date? This is important because they have paid to have the car you want deliverd with the specifications alloys paint colour etc so you will be on the hook for some cost and they will then sell it for a little bit less to someone else.

onefinemess · 26/05/2023 08:23

OP, there are three elements at play here, I'll explain as simply as I can.

First issue, you have a legal right to cancell the finance deal within 14 days.

Second issue, you have bought the car using the finance deal.

Third issue, the garage most likely bought that car under their own finance agreement. Garages that sell new/nearly new cars have their own separate finance deals, nobody is going to go out an spend 500k of their own money filling a forecourt with cars and then hope they can sell them.

What's happened is this, YOU took out a finance deal and used that money to buy the car, at this point, the finance company owns the vehicle, not you. You're contract is with the finance company, not the garage.

The garage have "sold" the car and need the money, they will do/say anything at this point to get you over the 14 day cooling off period so that they can use the finance company's money to settle their libality on that vehicle.

The "contract" you have with the garage to buy the car isn't worth the paper it ISN'T written on.

You need to get in touch with the finance company. Cancell the deal, then return the vehicle to the garage. It would then be up to them to sue you for any lost money. They won't, it will take too long and be too expensive for them.

Don't listen to the garage.

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