Car Spec not as advertised
Car Spec not as advertised
Author
Discussion

elliewrigley

Original Poster:

7 posts

67 months

Thursday 7th January 2021
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Hi All

Apologies for posting here but I'm not allowed to post under the law forum for 14 days.

I purchased a 2015 Mercedes A-Class from a fairly well known dealer last month. The car was advertised as having Apple Car Play which was one of the main reasons I purchased the car over another similar model which was cheaper at another dealership - I drive a lot for work so the navigation is really useful. I've come to use the apple car play now I'm back in work and found the car doesn't have the feature and is £299.00 to buy from the Mercedes app store

I've managed to get a screenshot of the car being advertised with the Apple Car Play but was just wondering if anyone could advise what the best way to approach/word this to the dealership is?

Help is appreciated smile

dundarach

6,190 posts

256 months

Thursday 7th January 2021
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What have the dealer said when you asked them, via email with your screenshot?

kiethton

14,625 posts

208 months

Thursday 7th January 2021
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Have you spoken to the sales person involved? - if so what did they say?

I'd personally be giving them a friendly call to try and get it sorted out. If they put up any resistance I'd be giving them 2 options:

1) pay for the upgrade of £299 (easiest way to fix this)
2) advise how you can return the car for a full refund because it is not as described.

2 sMoKiN bArReLs

31,975 posts

263 months

Thursday 7th January 2021
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Ring them up and say you advertised it with Apple Play & I can't find it present?

toohuge

3,473 posts

244 months

Thursday 7th January 2021
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Have you tried calling the dealership yet ?

Give them a chance to rectify it - stick to the facts:
Car was advertised with Apple car play
Car doesn’t have Apple car play but this can be rectified by 299

I’d be amazed if the dealership didn’t simply either send you a cheque for the amount, or offer to do it in house as they may have a better rate.


elliewrigley

Original Poster:

7 posts

67 months

Thursday 7th January 2021
quotequote all
Thanks all for the quick response- just about to call them now.

My apologies for it sounding like a stupid question, I only ask because I've read a couple of other similar threads of dealerships being difficult. Just wanted to make sure I don't trip myself up in how I approach the conversation.

Will post an update of how I get on. Many thanks.

Trevor555

5,387 posts

112 months

Thursday 7th January 2021
quotequote all
I came across a similar situation recently.

The dealer blamed Autotrader saying that the Autotrader automatically uploads the specs of the cars.

Stick to your guns if they try this approach as the dealer should check the adverts are correct.

Please let us know the outcome, welcome to the forum.

Toyoda

1,577 posts

128 months

Thursday 7th January 2021
quotequote all
Trevor555 said:
The dealer blamed Autotrader saying that the Autotrader automatically uploads the specs of the cars.
Yes, this. A friend was told the very same after he bought a Vauxhall supposedly with handsfree/bluetooth built in but turned out it didnt. In fairness to the indie dealer they rectified it by fitting a Parrot system which brought the matter to a satisfactory conclusion.

ZX10R NIN

30,484 posts

153 months

Thursday 7th January 2021
quotequote all
So what did the dealership say?

elliewrigley

Original Poster:

7 posts

67 months

Friday 8th January 2021
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Morning all

Just heard from the dealership. Can already tell where this is going, he told me the add is pulled through from Autotrader so that's why they put a disclaimer on their stating you should ask if there's a feature you want (admittedly I didn't see the disclaimer when purchasing the car so didn't ask).

Then goes on to say I think the navigation system in your car is Becker can you check if there is a cradle under the glove box - can't currently do that as I'm in work, so he asks me to call him back later and we'll go from there.

Very frustrating as it already seems like they're trying to get out of this. What are my rights in terms of returning the car? Is it too late now a month has gone by since purchasing?

elliewrigley

Original Poster:

7 posts

67 months

Friday 8th January 2021
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Sorry should have also mentioned the car is financed through moneybarn if this effects things

Muzzer79

12,983 posts

215 months

Friday 8th January 2021
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elliewrigley said:
Morning all

Just heard from the dealership. Can already tell where this is going, he told me the add is pulled through from Autotrader so that's why they put a disclaimer on their stating you should ask if there's a feature you want (admittedly I didn't see the disclaimer when purchasing the car so didn't ask).

Then goes on to say I think the navigation system in your car is Becker can you check if there is a cradle under the glove box - can't currently do that as I'm in work, so he asks me to call him back later and we'll go from there.

Very frustrating as it already seems like they're trying to get out of this. What are my rights in terms of returning the car? Is it too late now a month has gone by since purchasing?
Why are you already thinking of rejection? Hold your horses.

I'm seeing nothing about them trying to get out of this. I'm seeing them saying that you need to check under the glove box then talk to them some more.

Speak to the dealer. Make a deal. These situations are never black and white.

If you can make arrangement where you and the dealer go 50/50 to add CarPlay, take it.


Trevor555

5,387 posts

112 months

Friday 8th January 2021
quotequote all
elliewrigley said:
Morning all

Just heard from the dealership. Can already tell where this is going, he told me the add is pulled through from Autotrader so that's why they put a disclaimer on their stating you should ask if there's a feature you want (admittedly I didn't see the disclaimer when purchasing the car so didn't ask).

Then goes on to say I think the navigation system in your car is Becker can you check if there is a cradle under the glove box - can't currently do that as I'm in work, so he asks me to call him back later and we'll go from there.

Very frustrating as it already seems like they're trying to get out of this. What are my rights in terms of returning the car? Is it too late now a month has gone by since purchasing?
If they fight you on this give citizens advice a call, it's a free service.

The last time I spoke with a trading standards officer about mileage disclaimers on dealer adverts, he told me mileage disclaimers on adverts are fine, but the dealer cannot also state the mileage on the advert if they are going to disclaim it as " we are unable to verify the mileage so should be considered incorrect"

So I'll guess it'll be similar rules to stating other facts on an advert.

That was a few years back, so could be out of date advice, so best to give citizens advice a call.

But I'd say the dealer should be checking their adverts, and can't write anything they like, to then say it's up to you to ask.

Edited by Trevor555 on Friday 8th January 11:18

ZX10R NIN

30,484 posts

153 months

Friday 8th January 2021
quotequote all
elliewrigley said:
Morning all

Just heard from the dealership. Can already tell where this is going, he told me the add is pulled through from Autotrader so that's why they put a disclaimer on their stating you should ask if there's a feature you want (admittedly I didn't see the disclaimer when purchasing the car so didn't ask).

Then goes on to say I think the navigation system in your car is Becker can you check if there is a cradle under the glove box - can't currently do that as I'm in work, so he asks me to call him back later and we'll go from there.

Very frustrating as it already seems like they're trying to get out of this. What are my rights in terms of returning the car? Is it too late now a month has gone by since purchasing?
So you've not done your checks or read the advert fully & also didn't check for this key feature when you got the car & it's all the dealers fault?

In this case see what they have to say & if they pay for it to be added then you've had a great result if they offer 50/50 (this is where I think you'll end up) you've had a result & if you have to pay for it yourself then you'll do your checks more thoroughly in future.

Trevor555

5,387 posts

112 months

Friday 8th January 2021
quotequote all
ZX10R NIN said:
elliewrigley said:
Morning all

Just heard from the dealership. Can already tell where this is going, he told me the add is pulled through from Autotrader so that's why they put a disclaimer on their stating you should ask if there's a feature you want (admittedly I didn't see the disclaimer when purchasing the car so didn't ask).

Then goes on to say I think the navigation system in your car is Becker can you check if there is a cradle under the glove box - can't currently do that as I'm in work, so he asks me to call him back later and we'll go from there.

Very frustrating as it already seems like they're trying to get out of this. What are my rights in terms of returning the car? Is it too late now a month has gone by since purchasing?
So you've not done your checks or read the advert fully & also didn't check for this key feature when you got the car & it's all the dealers fault?

In this case see what they have to say & if they pay for it to be added then you've had a great result if they offer 50/50 (this is where I think you'll end up) you've had a result & if you have to pay for it yourself then you'll do your checks more thoroughly in future.
Sorry ZX10 I don't agree with you there.

I buy two/three cars a week for dealers.

Have I got to call each dealer/seller just to ask if the car really does have everything they've written in the advert just because they've dropped a disclaimer in there?

So if a dealer advertises a car as being a V8 and when I get there it's a four pot, are they really going to say it was up to me to call to check the actual engine size?

I know that' not comparable to apple car play, but SOG act states goods must be as described.

I'm not trying for an argument, I love seeing your very helpful posts, but don't think the buyer is at fault here.


Edited by Trevor555 on Friday 8th January 11:38

ZX10R NIN

30,484 posts

153 months

Friday 8th January 2021
quotequote all
Trevor555 said:
Sorry ZX10 I don't agree with you there.

I buy two/three cars a week for dealers.

Have I got to call each dealer/seller just to ask if the car really does have everything they've written in the advert?

So if a dealer advertises a car as being a V8 and when I get there it's a four pot, are they really going to say it was up to me to call to check the actual engine size?

I know that' not comparable to apple car play, but SOG act states goods must be as described.

I'm not trying for an argument, I love seeing your very helpful posts, but don't think the buyer is at fault here.
I buy a number of cars from dealers & I always check the specs are as advertised (especially as I'm buying for clients) mainly for the reason above.

If it's not the right engine/wrong sized alloys/Ivory not Red Leather & I've turned up to check it over then I've wasted my time & I don't like wasting my time.

Also it was the main reason the OP bought the car so it would be one of the first things i'd be checking t make sure it worked properly.

We can agree to disagree a good debate hurts no one beer

I'm not saying it's fully the OP's fault but in this case it's not fully on the dealer either, which is why I said 50/50.

elliewrigley

Original Poster:

7 posts

67 months

Friday 8th January 2021
quotequote all
Muzzer79 - You are right I will see what they say, I guess I'm making assumptions as I had a similar experience with them when buying the car. Website stated you get five days free insurance with the additional car package I paid for, was told in the dealership the website wasn't up to date I need to sort my own. Which I let go for the sake of ease.

Trevor555 - Thankyou for the helpful suggestion I will give them a call and see what they say.

ZX10 - Sorry you seem to have taken my posts in the wrong way but I don't believe I've blamed the dealership once? I simply joined and posted for some friendly advice on how to approach the situation and my legal rights.

I didn't check for the feature as it requires you have a USB cable which I do not readily carry around with me, so clearly naively relied on the fact I had chosen a dealer with good reviews and would have expected the adverts they put on their site to be accurate. Disclaimer is also at the bottom of their site not specifically on the ad. Would also point out if I have a duty to check this, then surely the dealership has a duty to check what's being pulled over from Autotrader?

Hope this explains my reasoning somewhat to you, I'm happy to accept responsibility if this is my fault there is nothing I can do and I will pay the fee myself, as I say I was just looking for some advice on my rights unfortunately not a seasoned car buying pro it's only the 2nd car I have ever purchased, thankyou all for the help.

ZX10R NIN

30,484 posts

153 months

Friday 8th January 2021
quotequote all
Sorry if I've come across as harsh but posting here before speaking to the dealership seemed a bit odd.

As I said in all honesty I see this as a 50/50 BUT seeing as you had to sort your own insurance etc I'd then use that as extra leverage, most dealerships will meet halfway.

As others will tell you, when your buying a car make sure everything works & check everything not just the car but paperwork etc.

raspy

2,714 posts

122 months

Friday 8th January 2021
quotequote all
Sounds like that particular car came from factory "enabled for Apple Car Play" but nobody "activated" it yet.

Legally speaking if you advertise a car with Apple Carplay but it hasn't been activated yet, are you misrepresenting? I'm not sure.

elliewrigley

Original Poster:

7 posts

67 months

Friday 8th January 2021
quotequote all
It's no problem ZX10, I appreciate the advise and will indeed learn from this.

Spoken to the dealership, he tells me I have a navigation system so won't have car play and don't need it because this will get me from A to B. I say well that's not quite correct e.g. as my partners car has both and it will only get me from A to B should the maps be updated every year (£250.00 cost with Mercedes for this) and the maps on my previous car were constantly out of date. To this he tells me again I have a navigation system so there is nothing he can do.

Now speaking with Citizens advice to see what I should do, very frustrated by the unhelpful rude nature of the call, I really get the impression they feel they can take advantage of me. If all I can do in the end is leave a bad review then so be it, definitely a lesson for my next car purchase!