# Has anyone ever rejected a car?



## Nath (Jun 20, 2010)

I traded in my IMMACULATE 2009 BMW 318d MSport touring for a 2009 7 seater Hyundai Santa fe (i know, we just need the extra seats - bloody kids) a couple of weeks ago. Since having it i've noticed a few problems, the main ones being the advert and salesman stated it was 4wd when in fact it is only 2wd and also both the advert and salesman stated the car had a CDX trim level, but i've now found out it had a lower GSI level with leather seats retro-fitted.

I'm in the early process of rejecting the car and I know my rights under the 'Sale of Goods Act' and the 'trade description act' and am prepared to take it to trading standards and/or a solicitor if needs be.

I just wanted to know if anyone else has done it and has any advice.


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## Claireeyy (Jul 20, 2009)

Aye I did this a few years back, I wasn't the exact car that I was told it was so I ask for my car back as they had miss sold the car. They took a big of persuasion but got there in the end with a little mention of Trading standards.


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## Nath (Jun 20, 2010)

Yes, the garage i do a bit of detailing for told me as soon as i mention trading standards they'll **** themselves. Apparently if TS get involved it won't cost the consumer anything, but will cost the business a small fortune.


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## Claireeyy (Jul 20, 2009)

I'm not sure on the costs but usually it scares them enough to act. Also looks bad on them, there isn't much they can say if you can prove it's not the car advertised that they sold you.


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## Prism Detailing (Jun 8, 2006)

I previously rejected my Saab, on the day of purchase the gearbox failed, they collected it and replaced that (took 3 weeks) got it back within 24 hours the engine blew at this poimt the car was rejected....promised a refund etc...then the company was going under and they returned the car to me with a new guarenteed engine, and a cheque for a substancial amount...I had paid for the car on a credit card to ensure some kind of come back if there was any problems, but the car worked fantastically with only a few niggles....still got it, still got a couple of things needing fixed but nothing major so cant complain.

but thats an abbreviated version of my story.....was it a good outcome, not really but it could have been a lot worse, or more hassle and an undefined time to being resolved.

Ill also add, i had Trading Standards involved, the reality is, they cannot force the company to give you a refund, they will only support you though if you go to a small claims court.


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## Nath (Jun 20, 2010)

yes, well i fortunately downloaded a pdf of the advert off their website before i bought it. There is a bit of small print at the bottom of the advert that reads:

"Every effort has been made to ensure the accuracy of the information above, however, errors may occur. Do not rely entirely on this information but check 
with your centre about items which may affect your decision to purchase"

But my argument is, no effort has been made to ensure the accuracy of the information as the car is not 4wd and the car is not a cdx trim level which are pretty much the only things mentioned on the advert. With even the smallest effort a main dealer should get these details correct.


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## dsolds (Feb 13, 2008)

Best thing to check is what's on the invoice. If it states something which is materially incorrect you have them. If not, your case is less strong, although not necessarily lost.

In law, the dealers are considered to be the experts, they offer themselves up as such when they open for business in the motor trade. Therefore they have a much larger duty of care than you do. The old Caveat Emptor stuff just doesn't hold water in this scenario.

If you need a good consumer law solicitor send me a PM. Based in Nottingham last time I had occasion to employ his services. He's successfully rejected 2 cars for me, one a rather expensive Range Rover, and the other an equally expensive Jaguar.

The guts of your complaint is that the goods are not "As described" and so you have a case. If they are described correctly on the invoice your case is weakened, but they still have to prove that you were made fully aware of this and that it wasn't hidden in the small print.

Best of luck.


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## Nath (Jun 20, 2010)

I've had a look at the invoice, although it doesn't mention that the car they sold me is a 4wd cdx, it doesn't mention that the car is a 2wd GSI (or any other trim spec for that matter). They know i wanted a 4wd car - that was my main stipulation to them.


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## justina3 (Jan 11, 2008)

Not defending them in anyway, but I have had this problem when I advertise a car on the motors.co.uk website once you fill the car registration number in it auto fills the rest of the data in such as color engine specs ect had a few cases where I have un-ticked boxes such as air con which the car I am selling doesn’t have the add then goes live they do some form of update there side and the car is again advertised as having air con, 

I now check my adds daily which isn’t to major a problem as I have only 20 odd listed but if I had more I could see it causing a right headache.


good luck with it though hope you sort it out


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## Nanoman (Jan 17, 2009)

I'd find out where your old BM is quickly. If they sell it on you're stuck between a rock and a hard place. If it's still there then it could be a simple swap back.


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## justina3 (Jan 11, 2008)

Nath said:


> Yes, the garage i do a bit of detailing for told me as soon as i mention trading standards they'll **** themselves. Apparently if TS get involved it won't cost the consumer anything, but will cost the business a small fortune.


I find trading standards a right pain in the backside as they give the customer more often than not incorrect information, there is this massive misunderstanding of what trading standards do they will not fight your case for you the op will still have to instruct his own solicitor if he wishes to take that route.

TS might take it upon themselves to inspect the garage in question if they found a few cases of the garage falsely advertising cars or misleading pos then they could fine them or issue a caution other than that cant see where "a small fortune" would come from


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## SarahAnn (Apr 6, 2011)

I hope that you get it sorted. 

When we were searching for a 4x4, some of the dealers didnt even know that their vehicle was 2 wheel drive until i told them. A lot of them are advertised as 4 wheel drive that aren't. Arnold Clark had lots of Chevrolet Captiva that were advertised as 4wd but were 2wd. 

You would expect them to know. It's bonkers having a 4x4 'type' vehicle without the capability of 4 wheel drive. There were loads of 2 wheel drives for sale when we got our's and i don't understand why they are even produced.

Really hope you get it sorted  Even worse when your part ex was immaculate and you haven't got what you thought you were getting


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## Nath (Jun 20, 2010)

Nanoman said:


> I'd find out where your old BM is quickly. If they sell it on you're stuck between a rock and a hard place. If it's still there then it could be a simple swap back.


I know they still had my beemer for sale when i went there on saturday (with £2500 added to its part ex price - i asked them how they can add so much on, the salesman told me its partly for profit but mainly for task such as valeting, body repairs, servicing etc - my car was immaculate and had a service the week before!). The best outcome for me would be to get that car back and the remaining balance.


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## SarahAnn (Apr 6, 2011)

Nath said:


> I know they still had my beemer for sale when i went there on saturday (with £2500 added to its part ex price - i asked them how they can add so much on, the salesman told me its partly for profit but mainly for task such as valeting, body repairs, servicing etc - my car was immaculate and had a service the week before!). The best outcome for me would be to get that car back and the remaining balance.


I agree with the other poster. I would say i wanted to swap back before the BM sells and see what happens. 
Are you allowed to say which dealer it is?

PS i bet the dealer is not keen to have it back as winter is on it's way and it won't be easy to sell as it's not 4x4 (unless they mislead someone else again)


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## srhutch (Aug 2, 2009)

I rejected a BMW Z4M Roadster in September after only 2 days from a BMW main dealer

I had asked the saleman about the service history and was advised it was 100% correct. He read out the mileages to me between services which were fine, and stated they liked M power cars to have full BMW servicing as well.

Two days later I couldn't find the Bluetooth code so started to get the boot carpet up as I knew it was there, but due to battery location was to much of a pain so went through all the literature to see if it was in any of it.

Got to the service book and that's when I found the car hadn't been serviced for 2 years and 8 months.

BMW warranty would not cover this in the event of an engine claim so I used that as leverage when I rejected the car. The dealer offered 2 years warranty and the next Inspection 2 service FOC etc but I advised I wasn't interested.

It appears BMW AUC means nothing at all, if a dealer is happy with the condition of a car regardless of service history they can and will sell it.

In fact it's still for sale with them today.

I'm also considering contacting trading standards about it's replacement as I have found out since purchase the car has had a wind repaired and the rear bumper has minor compression damage. Again dealer declared car was "100% straight" when asked about damage. When I reported the damage when I got home the dealer pleaded. Since found out from previous owner the garage knew about both and in fact pointed out to previous owner about bumper damage.


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## justina3 (Jan 11, 2008)

Nath said:


> I know they still had my beemer for sale when i went there on saturday (with £2500 added to its part ex price - i asked them how they can add so much on, the salesman told me its partly for profit but mainly for task such as valeting, body repairs, servicing etc - my car was immaculate and had a service the week before!). The best outcome for me would be to get that car back and the remaining balance.


the fact they have marked the car up by any figure has no relevance to your case if they can get away with it then good on them.

i agree the best outcome would your car returned and the difference received back

good luck.


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## Nath (Jun 20, 2010)

justina3 said:


> the fact they have marked the car up by any figure has no relevance to your case if they can get away with it then good on them.
> 
> i agree the best outcome would your car returned and the difference received back
> 
> good luck.


I know that :thumb: i just found it a ridiculous mark up and a faultless and spotless car


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## justina3 (Jan 11, 2008)

surpose it depends on the value of the cars in question which i dont know might be a bonkers overprice might not be have no idea, also depends on how they price there stock up some dealers go straight in at the lowest price they can take so the cars attract buyers others over inflate there stock so they appear to offer more money on part exchanges.


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## Nath (Jun 20, 2010)

SarahAnn said:


> I agree with the other poster. I would say i wanted to swap back before the BM sells and see what happens.
> Are you allowed to say which dealer it is?
> 
> PS i bet the dealer is not keen to have it back as winter is on it's way and it won't be easy to sell as it's not 4x4 (unless they mislead someone else again)


I really dont want to bad mouth the dealer yet. If they sort this mistake without any fuss then i will not have a problem with them - and ill have no problem buying from them again, obviously if i have to start involving solicitors then its free game.


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## Nath (Jun 20, 2010)

just an update. The dealership in question has just phoned me and said, they are going to try and source another car for us over the next few days, if they can't find any they'll give us our part ex and money back. That was painless!


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## SarahAnn (Apr 6, 2011)

Nath said:


> just an update. The dealership in question has just phoned me and said, they are going to try and source another car for us over the next few days, if they can't find any they'll give us our part ex and money back. That was painless!


That is fantastic news!!! You can tell us who it is now and then we know that they are fine to deal with :thumb: Phew bet it's a relief. If they offer you a 10 reg kia sportage 4WD from stratstones donc, it's our old one


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## Nath (Jun 20, 2010)

It is a relief! The dealership is Read-Hyundai in grimsby, they admitted it was their fault (or the fault of the company who makes the website adverts). I hope they dont offer us your old car as we need the 7 seats haha  I'm so happy, the mrs has been worrying like mad! I will now recommend Read Hyundai to anyone who is looking for a Hyundai. Why every dealership can't be like this i do not know.


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## SarahAnn (Apr 6, 2011)

Oh i bought a new hyundai coupe in 2006 from that site but it was Phillip Middleton back then. Good to know that the new owners are willing to sort problems :thumb:

So glad you got it sorted. The chevrolet captiva 7 seater is a 4WD but i know some folk dont like the brand. 
I don't know which other makes have 7 seats. What are you choices with 7 seats?


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## justina3 (Jan 11, 2008)

well done mate chuffed for you and hats off to the dealer for sorting it nice to see


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## PugIain (Jun 28, 2006)

Nath said:


> yes, well i fortunately downloaded a pdf of the advert off their website before i bought it. There is a bit of small print at the bottom of the advert that reads:
> 
> "Every effort has been made to ensure the accuracy of the information above, however, errors may occur. Do not rely entirely on this information but check
> with your centre about items which may affect your decision to purchase"
> ...


Bit disgraceful,the dealer should make it their jobs to know every concieveable detail of every car.Yes they have lots of cars in and out but I know everything about everything my job entails!
I knew more about my car when I was buying it than the salesman I was buying it off!
I knew exactly what to look for and was even telling him what it had and didnt have.



SarahAnn said:


> Oh i bought a new hyundai coupe in 2006 from that site but it was Phillip Middleton back then. Good to know that the new owners are willing to sort problems :thumb:


I bought my 406 from Phillip Middletons,from a guy called Kevin Will**** and he was a nice guy.


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## Deano (Jul 7, 2006)

glad you got it sorted. On a related note, I got sold a car that wasnt as described and TS got involved and they were next to useless.


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## Nath (Jun 20, 2010)

I'm so glad i'm getting my BMW back, i think i may have to drive it around for a couple of weeks before part exchanging it again. I've missed the refined quality you get from a beemer. The grass is most definitely not greener on the other side in some cases.

I'm in the dilema again though, do i go for a nearly new Santa fe 4x4 / sorrento 4x4 / qashqai+2 4x4/ Captiva 4x4, or do i go for a slightly older Q7/7 seater X5/Discovery/XC-90?


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## Nath (Jun 20, 2010)

oh and thanks for all the advice, i'm glad it wasn't needed in the end though


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## SarahAnn (Apr 6, 2011)

I bet it's weird (but nice) to get the BMW back. I won't be surprised if we get an update to say you can't let her go again :lol:


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## Nanoman (Jan 17, 2009)

Have you actually got it back yet? The longer it goes on the more difficult it is to reject especially if you have no written evidence that you've pointed it out to them. Get something signed on headed paper asap while they sort it out.


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## Grizzle (Jul 12, 2006)

For the warranty you cant beat the Hyundai and Kia brand and i think we are seriously considering a Kia or Hyundai for peace of mind next.

If Warranty isn't an issue then the XC90 would be my choice i think they are cracking vehicle's.


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## chillly (Jun 25, 2009)

I have refused 2 brand new cars before and had to wait for replacements. Some say thats a result but really just meant i had to wait longer.


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## srhutch (Aug 2, 2009)

OP, did the dealer just reverse the deal like mine did.

I guess they will want to negotiate on the replacement.


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## Nath (Jun 20, 2010)

srhutch said:


> OP, did the dealer just reverse the deal like mine did.
> 
> I guess they will want to negotiate on the replacement.


They have said they will try find a replacement in the same price bracket, if its not possible, they will simply reverse the deal and we'll swap keys.

I think they want to keep me sweet as both my parents have bought new cars from there over the last year, and have stuck with read/middletons for about 10 years now.


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## GJM (Jul 19, 2009)

Nath said:


> I know they still had my beemer for sale when i went there on saturday (with £2500 added to its part ex price - i asked them how they can add so much on, the salesman told me its partly for profit but mainly for task such as valeting, body repairs, servicing etc - my car was immaculate and had a service the week before!).


Salesman is just that a salesman, it's mainly for profit as if you don't make profit you close your doors or someone does that for you.

If anyone had bought your car with £2500 added, then £416 goes straight to the VAT man


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## Nanoman (Jan 17, 2009)

GJM said:


> Salesman is just that a salesman, it's mainly for profit as if you don't make profit you close your doors or someone does that for you.
> 
> If anyone had bought your car with £2500 added, then £416 goes straight to the VAT man


VAT on a used car? Not unless it was VAT qualifying...

Anyway a £2500 mark-up? It's all smoke an mirrors. You'll probably find it's about the right screen price for that car. Also... £500-£1000 of that is used to bump up the trade-in price for the person that buys it.

That leaves £1500-£2000... the car might be immaculate but then the garage is taking on a risk - if it sells and a fault develops soon after they'll be expected to rectify it. Many people trade cars in knowing there's a problem with it. You might be honest but many others aren't.

Then there's the cost of running their business, paying their staff, bills, advertising the car, depreciation of the stock... Hopefully there's enough leftover for a bit of profit... but not always.

Has the OP actually got their old car back or anything in writing?


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## Nath (Jun 20, 2010)

Thanks for everyone's input into this thread. I can happily say that the issue has been finally resolved today. I have got my BMW back and the money we spent on top. I've noticed a few marring marks that have happened whilst its been washed by their valeters but its nothing a day off on sunday won't sort out. I'm so happy, i'm even considering keeping this car for a while as i've missed it so much.


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## SarahAnn (Apr 6, 2011)

Great news Nath. I said you would keep it if you got her back :argie:

Glad it turned out well for you


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## GJM (Jul 19, 2009)

Nanoman said:


> VAT on a used car? Not unless it was VAT qualifying...
> 
> Anyway a £2500 mark-up? It's all smoke an mirrors. You'll probably find it's about the right screen price for that car. Also... £500-£1000 of that is used to bump up the trade-in price for the person that buys it.
> 
> ...


Yes VAT on a used car, that's the problem with Joe Public, they only see the mark up and winge about it, if they had been involved in actually running a car business they would know exactly what the VAT man runs away with before any other expenses involved.

Anyway the 2.5k mark up as you put it, the VAT man is having £416 of that for kick off, no questions asked.

That will be under the 'margin scheme', qualifying doesn't make a difference really, it works out the same, only benefit is to the buyer and to potentially aid cash flow for the business.


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## Nanoman (Jan 17, 2009)

Glad OP got it resolved.


GJM said:


> Yes VAT on a used car, that's the problem with Joe Public, they only see the mark up and winge about it, if they had been involved in actually running a car business they would know exactly what the VAT man runs away with before any other expenses involved.
> 
> Anyway the 2.5k mark up as you put it, the VAT man is having £416 of that for kick off, no questions asked.
> 
> That will be under the 'margin scheme', qualifying doesn't make a difference really, it works out the same, only benefit is to the buyer and to potentially aid cash flow for the business.


Random. When I was in the trade only certain (few) used cars were VAT qualifying.


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## GJM (Jul 19, 2009)

Like I said, it's neither here nor there, if you mark a margin onto a car you still pay the VAT man on the actual mark up.

Buy or take as a trade in, a run of the mill margin scheme car for £2000.

Complete a sale at £4000 and there is a 2k margin which results in £333 to the VAT man.

The VAT man does not see any repairs or expenses etc, all he is interested in is the difference between the entries in the stock book and he will have his cut on that at your next return


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