Missold car - what are my options?

[newtothis1123]

I bought a second hand car today from a dealer. I asked about cameras and they confirmed it had a reversing camera but stupidly I didn't check it myself. When I got home and reversed I realised it doesn't have a camera. Retro fitting a camera is going to cost £700+ and I don't think I'd have purchased the car if I realised it didn't have one. Does anyone know what my options are? The dealer is unsurprisingly being unhelpful and said they have no record of the advert but did admit to verbally giving the wrong information.

The car does not match the description, so you are entitled to reject it and get your money back.

Doesn't this rather depend on the op being able to show that, on the balance of probabilities, the description was false.

With nothing in writing would you take the case to court?

Yes, if it goes to court OP will need to show that, on the balance of probabilities, the dealer claimed the car had a reversing camera. OP says the dealer has admitted giving an incorrect description. If that admission is in writing, OP is on solid ground if it goes to court. However, we aren't at that stage yet. Whether the courts would find in OP's favour isn't relevant as I didn't advise OP to go to court. What matters is that the dealer has admitted giving an incorrect description so, as far as the law is concerned, OP has the right to reject the car and receive a full refund. It is only if the dealer refuses that OP needs to think about whether they should take it to court.

Ex car dealer here. Did you test drive the car before purchase? How did you pay for it? Do you have a copy of the advert stating there were cameras? Or an email/text exchange? What sort of dealer was it? Franchised or non-franchised? Did you p/ex anything?

Yes we test drove the car and it was during that outing that the dealer confirmed there was a rear camera
They have since sent a text confirming they did say that but it was a mistake. They have no copy of the advert, apparently it has been irretrievably deleted. Stupidly we didn't take a copy before they took it down. Non franchise dealer and nothing part exchanged. Paid part cash part credit card. Thank you!

The text is all the evidence you need if this goes to court. But you aren't at that stage yet. Stop using the car. Tell the dealer you are rejecting it and you want your money back.

The consumer rights act 2015 (which you need to quote at them) states that:-

You are in a strong position as you have a text from them confirming they said it did. You just need to write to them rejecting the goods and return the car and ask for a full refund. You can quote the Consumer rights act and there are plenty of online resources to give templates etc for doing this properly.
You wanted a car with this feature, you asked if it had and the dealer misinformed you. Therefore no question you can get your refund

As others have said you are within your rights to return the car and get a full refund. Alternatively if you're happy with the car you could ask the dealer to pay for the retrofit of the reversing camera instead.

They have no copy of the advert, apparently it has been irretrievably deleted.

O'Really ?

@prh47bridge really knows their stuff so listen to that advice and reject and ask for full refund.

@newtothis1123 how much was the contract for the car in total?

£32k

Reject the car, but you have to stop using it.
Using the car could be seen as acceptance.

The dealer made a misrepresentation and if you decided to purchase the car based on that information then the contract is voidable. Call the dealer and offer for him to fit the cameras or take the car back and repay you. Don't delay in getting it sorted.

@newtothis1123 ok, so you cannot claim anything under the S.75 rule from your credit card as the upper limit for contracts protected by this legislation is £30k. I assume by cash you mean a bank transfer not a loan procured elsewhere and then the cash transferred (you will have different rights if finance is involved)

You do however have 30 days to reject the car under the Consumer Rights act 2015. For this to apply, the car needs to be either of satisfactory quality, be as described and fit for purpose. In your case, The car is not as described as it does not have the specification level you were expecting.

So now you need write straight away today to the head of the dealership stating that you are rejecting the car under the CRA 2015 owing to the fact that the car does not match the description you understood from the advert and subsequent electronic communication with (insert name of salesman) on the (insert date). State you want a full refund. Ask them if they would like to collect the car from you. Then give them 24 hours if you do not receive a response before following up in writing stating the same. Keep a record of any phone conversations you may have subsequently.

If you did look at the advert online and you cannot retrieve from your browser history you may be able to use ‘way back machine’ or similar to find the original ad which would be helpful to include.

Hope that helps. Good luck 🤞

Very helpful thank you. And thanks to everyone else who has contributed. 🤞 we can sort this out!