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JUDGE TREAD: I WAS SOLD WRONG CAR
Sunday Mirror, Apr 20, 2008 by OLLIE MISHCON
QHELP! I need your advice after being sold the wrong car.
I bought what I thought was a VW Touareg 2.5 Tdi Sport for pounds 23,799 from a VW- franchised dealer.
It stated this on the invoice and HP agreement, but actually the car I'd bought turned out to be a 2.5 Tdi - a cheaper model with a completely different spec.
After three months of heated discussions with VW and the dealer, they offered me pounds 15,000 for the Tdi in a part-exchange deal, providing I bought another new VW.
They then increased this to pounds 16,000. But I told them I was not prepared to be blackmailed into buying a new car from them, and wanted a cash offer.
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They have now agreed either to buy back the car for pounds 16,500, leaving me with pounds 3,000 outstanding on the finance, or pay me pounds 1,300, which they say is the amount I was overcharged originally.
As I find neither of these offers acceptable I have cancelled my monthly direct debit to cover the HP. I have also challenged the garage to get a court order to collect the vehicle as I am not willing to pay for a car I did not want in the first place. What are my rights? - Gareth Davies, by email
A YOU are certainly entitled to compensation and you might even be able to keep the car without making further payments.
Quite simply, it appears you have been a victim of "misrepresentation", a breach of contract where you have been induced into signing a contract by being promised one thing and actually getting something else.
Assessing what you are entitled to is not so simple. You need to work out the difference between your position now and the position you would have been in had you received the correct vehicle.
Your claim, essentially, is for a replacement car - the one you thought you'd bought - or a refund of the difference between what you paid for this lower-spec model and the actual price of the inferior vehicle.
On top of that there may have been breaches of the consumer credit legislation, which is extremely strict and complicated.
It is impossible to say this categorically without seeing all the documentation. But as finance companies rarely comply with this law entirely I doubt they will go near a court for fear of any breaches being exposed.
Good on you for telling VW and the finance company where to stick their contract. Most people get confused by all the small print in HP deals then get scared by the threats, assuming there is no way they can win.
You were quite right to hit the finance company where it hurts - in the pocket. By stopping your direct debit you will certainly grab their attention.
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