Just a quick update on my car that was sold to me with 39200 miles on... instead of the 36000 miles that was advertised.
Sent this email just now:
Hi Adam,
I feel as though the sum of £200 in compensation for a car with 3192 more miles on it than advertised is a somewhat meagre sum, considering i paid a difference of £789.
I'm sure you've heard of it, but under the Sales of Goods Act 1979 it states this:
The Law
When you buy a used vehicle from a trader you are making a legally binding contract. You have legal rights against the trader under the Sale of Goods Act 1979.
The vehicle should be:
- As described - the vehicle should correspond with any description applied to it. In some circumstances, the trader may be liable for any statement made by the manufacturer of the vehicle.
The vehicle (VW MK6 Golf GTI 2011), was NOT sold to me as described, it was sold to me with 39192 miles on, however it was described as 36000 miles.
If the vehicle is faulty , you are legally entitled to request one of the following remedies:
a full refund
compensation (damages)
repair or replacement
rescission or reduction in price
The Consumer Protection from Unfair Trading Regulations 2008 prohibits commercial practices that are unfair to consumers. If a trader misleads you or engages in an aggressive commercial practice and you make a decision to purchase a vehicle which you would not otherwise have done, the trader may be in breach of the regulations. For example, a trader may fail to inform you that the vehicle has previously been accident damaged or may claim it is 'sold as seen' to avoid their responsibilities to you. If you have been misled, report it to Citizens Advice consumer service for investigation by trading standards.
According to you, there was great interest in the car, not only did you mislead me by stating the car had 36000 miles, but you also applied pressure by saying someone else was interested, however at this point i was still undecided and may not have made the decision to purchase the car. I needn't say i was also uninformed of the increased mileage on the cars odometer.
Internet sales
If you decide to buy a used vehicle online from a trader, you have the samelegal rights to expect that it is of satisfactory quality, fit for purpose and as described as you have when buying from a trader's premises.. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you additional rights because the contract you enter into is concluded at a distance and without face-to-face contact with the trader.
The vehicle I purchased from Vindis Volkswagen Bedford was NOT fit for purpose, neither was it as described due to the mileage being 3200 more than i had expected! I needn't state The Consumer Contracts Regulations 2013, as my additional rights without face to face contact are clear.
Aside from the Sales of Goods Act 1979, these following factors spring to mind!
- I have it in writing that the car you sold me was at 36063 miles, with your signature and date on it being 08/11/14 (Das Welt Auto 30 day/1000 mile agreement, Used Vehicle Order… and GARDX certificate).
- Lack of communication within the dealership, between the service department and sales team (as the service book states 39192 miles).
- Negligence on your behalf of failing to look thoroughly through the documents and service book
I hope to hear back from you today, as i have already rang requesting a call back.
Regards,
Harry Norman.