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Original poster

Just got lease car today - now need legal advice please!

35 replies

teatimetreat · 29/08/2019 20:15

Hi all,

Googling and going through contracts but can't find any advice on my car lease issue.

Problem is we got a lease car delivered today and it's missing the privacy glass we were told by the broker it came with.

Obviously emailed the broker attaching his email saying the privacy glass came as standard, again he said he believed it was standard and would look into it. The dealer then confirmed that the glass wasn't standard - so the information we were given prior to signing the contract was wrong.

The broker has held his hands up and said he made a mistake but there is nothing he will do about it. He said if we decide to give the car back we can instigate the cooling off period - which actually we can't as that is 14 days after signing the contract and the contracts were signed almost a month ago.

Point is, the dealer hasn't made a mistake and supplied the correct car, but the broker has mis-sold the car to us and seems to think they can get away with doing nothing.

So we're are now stuck with a very expensive car for 3 years that isn't what we wanted. It might just be privacy glass but for me it's a big deal!!!

Any advice as to rights?

Thanks in advance!

Ps. We are in Scotland but he broker and dealer are in England. Not sure if that makes any difference in legal terms!

OP posts:
Madwomanuptheroad · 29/08/2019 20:33

If you have an email trail in which the broker stars the car has privacy glass and you signed the contract on that basis then the fact the car has no privacy car means the car is not as described and possibly not fit for purpose - given that you were specifically asking for this feature.
That makes the contract invalid.

Original poster
teatimetreat · 29/08/2019 20:41

@Madwomanuptheroad Thank you - that is what I was hoping!

We have the email trail and also a code he sent us that you can put in the manufacturers website to see the car - it had privacy glass....

Just need to see where we stand before we go hell for leather on a fight AngrySmile

OP posts:
AwfulExperience · 29/08/2019 20:47

I am very interested in the privacy glass! I'm sorry it isn't there but do some cars actually come with this? Does it block out screams and projectiles coming from the back?

Asking for a friend.... who would like to know if there are any seven seaters out there with privacy glass...

AwfulExperience · 29/08/2019 20:50

Im not a murderer or a kidnapper. I just can't stand driving with my kids

Original poster
teatimetreat · 29/08/2019 20:51

@AwfulExperience privacy glass is just the dark tinted glass in the rear side and back windows - not an internal screen thing....But now you mention it that could be brilliant for stress free car trips Grin

OP posts:
HotChocolateLover · 29/08/2019 20:51

I would love this. What car is it OP?

Original poster
teatimetreat · 29/08/2019 21:01

Ha ha ha I fear i've created a false hope here!!!!

Just dark glass people - on the rear windows. Pretty standard. Grin

Not aware of cars with the screen thing inside...apart from a stretch limo....?!

OP posts:
AwfulExperience · 29/08/2019 21:14

Dammit.
We have seriously considered buying a limo 😂
Op if the dealer paid for after market tinted windows would that solve your problems?

twoheaped · 29/08/2019 21:22

Not being snarky but why is privacy glass so important to you?
Round our way, it's the drug dealers and ne'er do wells who favour the tinted windows.

On a similar note, I ordered a sofa from Debenhams many years ago. The sofa came one colour, the chairs were a different colour.
They refunded me the money with no issue, even though it was months from ordering to delivering.
It's sort of similar Grin

Original poster
teatimetreat · 29/08/2019 21:23

@AwfulExperience I'd be happy for them to be fitted by the dealer, but it would be broker who i feel would be liable for the cost as he mis-informed us. And given his last email putting down to a personal mistake they are not able to compensate for I'm not hopeful it will be easy to get him to pay.

I was so excited about the car, and I'm gutted it's not as we wanted. Three years is a long time to pay loads of money for something that's not what you wanted cause someone 'made a mistake'

OP posts:
Original poster
teatimetreat · 29/08/2019 21:27

@twoheaped we have had it in our previous car and I found it super practical, no sun in the kids eyes, could leave stuff in the back of the car and no one could see it, even kept the back of the car a bit cooler which again is good for the kids - plus I like the look of it on the car. Guess I just got used to it and if I have a choice I'd want rather have it than not!

OP posts:
MarieG10 · 29/08/2019 21:40

Just hand the car back. Straight up breach of contract even though not intentional

FanSpamTastic · 29/08/2019 22:19

A friend returned hers because it came with the wrong trim on the upholstery.

The broker should offer to pay for the windows to be tinted.

Userplusnumbers · 29/08/2019 22:21

Isn't the cooling off period from delivery, not from signing?

BuildBuildings · 29/08/2019 22:34

I think people have imagined it as the sort of screen taxis have.

I wonder if pushing on it further by saying you need their final position on it as you are seeking legal advice and they need to know. This can sometimes make people realise you're serious.

JoySuckClub · 29/08/2019 22:40

Oh my God I would kill for a taxi screen. How come car manufacturers haven't come up with that one?!!!

Original poster
teatimetreat · 29/08/2019 22:50

@Userplusnumbers cooling off period from when the contract is signed which makes no sense to me. Thing is the dealer who we have the contract with hasn't done anything wrong. They have supplied the correct car. It is the broker who gave us the wrong information on the spec. I believe he wrongly gave us the 2020 model spec instead of the 2019 model spec which this car is.

His email was so offhand with the apology, telling us we got a good deal anyway. It's our money that's involved in his 'mistake'. He even has a £300 fee from us there is no offer to give back. Think we need to go in with the big guns - even just on principle!

OP posts:
prh47bridge · 29/08/2019 22:59

If you've got the car on a lease your contract is with the finance company, not the dealer. If the broker was acting as an agent for the finance company they are liable for his misrepresentation so you should take it up with them.

MarieG10 · 30/08/2019 10:12

Whoever the contract is with, the item supplied is not as described so hand back

MarySibleysFamiliar · 30/08/2019 10:34

Is he a broker employed by a company or independent? If employed then go above his head. If independent then ask what he intends to do to rectify it (ie having privacy glass put in) then threaten legal action if he shrugs you off.

My car has privacy glass, aka rear tinted windows, which isn't something I'd ever considered but was just on the second hand motor when I bought it. I have to say, given the option I would definitely go for RTWs again. Can't see the kids from outside easily, provides a bit of shade and slightly obscures whet we have in there. And it makes my Zafira look a bit fancier and sleeker Grin

Original poster
teatimetreat · 30/08/2019 11:09

So we asked that either they fit the tinted windows or take the car back refunding all costs. Spoke to our solicitor who says it's plain and simple their problem to sort. Will wait for a response!

Seems such a hooha over something kinda trivial but if we're spending alot of money, which we are, on a nice car I want it to be as I want it. I hate controversy and arguments though!!!!

OP posts:
HoppingPavlova · 30/08/2019 11:11

I’m confused. You’re talking about tinted windows with a dark tint? We quickly learnt that we ordered cars without it and had it done ourselves. To order the car with it cost a few thousand dollars extra. To have it done ourselves we pick up car and drop off for tinting. Costs a quarter of what we would pay to dealer to get it done as an extra. That’s taking it to exactly the same service that the dealer takes it to and having exactly the same thing done. The guys there piss themselves laughing that people order from the dealer as an extra.

Tinkletwat · 30/08/2019 11:16

I imagine I'm wrong but I thought the dark tints weren't allowed as it's a safety hazard with other drivers/pedestrians not being able to see through the car.

Does make the car look like it's a drug dealer's car like someone upthread mentioned. Regardless, hope it resolves to your satisfaction OP.

movingonbackwards · 30/08/2019 11:16

Totally the brokers fault and their issue to fix. I got the windows tinted on my lease car as an added extra (I didn't pay for it, they "threw it in" for me) and was told on the quiet that it costs them little to nothing to do so they really should be putting it right for you.

prh47bridge · 30/08/2019 11:20

I imagine I'm wrong but I thought the dark tints weren't allowed as it's a safety hazard with other drivers/pedestrians not being able to see through the car

The front windscreen must allow at least 75% of the light through. The front side windows must allow 70% through. The rear windows and rear windscreen can be as dark as you want.