Is the car dealer in the wrong here?

[StripyZebraa]

I was looking to finance a car, and found a perfect one and agreed on this on Saturday. I had a bit of a panic that I may have went in too fast, but it was absolutely perfect and it had everything I wanted. So I paid the deposit on Sunday.

I’m young and I don’t have the most flashy job in the world, so my budget was fairly small £150/160 a month. This one was £170 but newer and less miles than i thought, plus it had everything I wanted so I went for it.

I went to an official car dealer this time as I’ve had issues with other garages in the past, and thought these would be more ‘expert’.

On Sunday I made absolutely sure that it had all the features I wanted. I asked the man specifically if it has cruise control, he said yes. He then said he’d go and check, and came back and said ‘yes definitely’. This was part of the reason I went ahead.

Picked up the car yesterday. Find out very quickly that it doesn’t have cruise control - it has something that looks like it, but is in fact a speed limiter.
Something maybe I would mistake for cruise control - but you’d think the expert who works in the official dealership would know this.

I can’t help but feel like I’m paying above my budget for this car, and yet it doesn’t have all the features I want AND asked specifically for.

My dad has told me to go in and complain. Part of me thinks I should - I based my decision on this and I specifically asked for it. I cannot afford to be paying this much money a month on something that didn’t even meet my requirements.

What could I do here? What are my rights?

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

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.

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.

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.

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.

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.

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.

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 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

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?

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.

@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)

Easy enough to remove 😁

@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.

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

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

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!