Short version...

Brother bought a car, picked it up, drove it to work. Noticed corrosion around rear window wiper, his phone wouldn't connect with the stereo as the salesman had described and the car was missing front parking sensors. My brother has emails stating the car did have front sensors and that his phone would work correctly with the stereo.

The car went back in and they sorted the corrosion and claimed the phone issue was sorted too..however it isnt, as well as the car being advertised with front sensors, an email confirming and them definitely not being present.

Called the dealer who said phone wont work then and sensors..tough. Brother has tried to reject it as misrepresented and used car sales manager has said, you've driven it away so tough. Go away.

The faults were notified to them as soon as practicable...I.E the same day as pickup and they have had a chance to rectify. My understanding of the new Consumer Protection Act is that he is within his rights to reject it as it isn't as described and has been misrepresented.

This is from a main dealer too...they are not interested. The car is on finance and he part exchanged too. My brother even advised them that if the faults could not be rectified he would be rejecting it and they said they would keep his part exchange until it was resolved...

What can he do? Anything?

Guessing it's the same with others as well as Skoda, you have a 14 day cooling down 'no questions asked' period, so send it right back. Sounds like the person who dealt with you is an ar5e.

Theyre being deliberately difficult. Ive always been told that theyll always stonewall you unless you get the lawyers in.

Tell them he's spoken to C.A.B. who have told him his rights and advised him to get trading standards involved if the dealer won't play ball.

Take it back, post the keys through their letterbox with a letter.

Tell them it must be as described or you want a full refund or a car equivalent to that you were sold (The description).

It goes like this.

 

If you buy from a car dealership (a business) then they are considered an EXPERT.  The buyer beware exclusions in buying privately do not apply.  Expert is a legal term, think Expert witness.

 

This matter would have been covered by the Sale of Goods act, but the SOGA was replaced last year by the Consumer Rights Act.

Under this act you have 30 days to reject it.  http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

 

Goods sold (the car) must be as described.  If there are no parking sensors then you have a case.

If the presence of the sensors was a deciding factor (MATERIAL) in the purchase decision of that car from that dealer then this adds weight.

 

I suggest putting in writing (to the dealer principal or the company secretary) that you reject the vehicle under the Consumer Rights Act, as the vehicle is not as described and you want a full refund in 7 days. Should you not receive a refund you will take the matter to the Small Claims Court (if the value is under £10,000).  If it's more than 10K then you may need to take it to the civil court.

 

There is a guide here: http://www.which.co.uk/consumer-rights/action/how-to-reject-a-faulty-product-and-get-your-money-back

 

See what happens.

 

You can access the small claims court on line, the details are here:  https://www.gov.uk/government/publications/money-claim-online-user-guide

Edited 5 March, 201610 yr by obd

What OBD said.

I had cause to take a similar approach when an Audi I'd bought spent 14 out of 20 days ownership with the supplying dealer for faults that really should have been picked up and could have been quickly resolved by any garage mechanic with an ounce of knowledge.  

Funny how hand delivering a letter to the dealership invoking the law and emphasising your rights to take the matter further concentrates the mind of the average dealership principal....It's cheap for you to lodge your claim, their lawyers charge them much more per hour and they can always re-sell the car some someone else still maintaining a degree of profit.

More information would be helpful...

 What make of car? how old ? which dealer ?

 Some dealers don't care, others worry about their reputation.

 Finance companies do care, in my experience, if you don't want to pay, they want to know why...they usually have a dedicated team to deal with things like this..

All sorted now. It was my brother car. A BMW 1 series. Basically the sales manager didn't want to know. I sent a strongly worded email detailing the consumer protection act and surprise it was rectified. Eventually.