New car order wrong!!!

Bobb

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Hi guys, just want people's opinion, I had ordered a new e220 cdi sport estate, the car was specked with 19" alloys, full leather, the new Becker sat nav, privacy glass, debadged and panoramic roof. After initially agreeing a price and shaking hands, the sales guy put the order through, and had to correct the cars price twice, so that it meant that i was to pay an additional £250 which was not added to the finance agreed.The sales guy had indicated that there was a good chance that the new car would be delivered by late September 2012 having ordered it late August 2012, after continued delays I suggested that if car hadn't arrived by this weekend 27th Oct, that I would have my deposit back and take my business elsewhere. Yesterday the garage indicated that the car had arrived and a quick turn round would have my car ready today. On arrival and after checking the car, the car was not debadged, and did not have privacy glass. The sales person that the car was ordered from was away on hols till Monday, same story with the manager. The cars registered and taxed, but I don't want retrofit privacy glass. What should I expect the garage to do? I have not taken the car and will wait till after the weekend to speak to the manager.
Any suggestions??
 

Spannaz

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well, that's all down to personal taste. Clearly aftermarket tinting is NOT privacy glass, so it's down to you if your happy to accept the car as it is, if not, reject it as they have not fulfilled their contract.

I understand fully that you have had to wait, then got a different car, so alot of making up is needed from the dealer to sort. Free 3 years servicing? something along those lines after all, if you reject it back, it'll cost them a fortune!
 
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LTD

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Threaten to reject the car completely. Do not take possession until the matter is resolved.

If it is not as you have ordered per contract then they have failed to supply.

Their problem to solve, not yours.
 

Gkinghorn

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Reject the car... It's not what you ordered.... Their fault entirely .... Your ordered one thing they delivered another .... Speak to finance company and advise them you rejected it....
 

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As the others, its not what you ordered, so reject it
 

anyweb

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accept it and ask for some redress, and enjoy having a new car while most of the rest of us drive around in older cars :)
 

mancman

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Reject the car it's not what you ordered, if you except it and they throw in some goodies ie free service or wotever you will never be completely happy with it. It's there problem to sort out and some bodies incompetence which needs to be addressed
 

Frontstep

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The Courts are unlikely to support your rejection.
 

LTD

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The Courts are unlikely to support your rejection.

It need not get to court.

Simple rejection under the Sale & Supply of Goods Act would suffice.

The goods are not as ordered. No debate.
 

Frontstep

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It need not get to court.

Simple rejection under the Sale & Supply of Goods Act would suffice.

The goods are not as ordered. No debate.

Unfortunately you can't and the Courts have already ruled as such

Johnson v HWM, Kingston County Court 1997. Complexity of car manufacture and component supply, impossible for dealers to guarantee a precise specification.

Further I would fall over backwards if MB's order form did not allow for this.
 
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LTD

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Unfortunately you can't and the Courts have already ruled as such

Johnson v HWM, Kingston County Court 1997. Complexity of car manufacture and component supply, impossible for dealers to guarantee a precise specification.

Further I would fall over backwards if MB's order form did not allow for this.

If it happened to me, an MB salesman would have his bollocks in a nice MB box at the end of the discussion.

I would not be taking possession, not be signing any paperwork at all and not paying one penny until I got the EXACT car that I had ordered.

If there was an undue delay on the delivery of this vehicle then they would be bending over backwards to sort me out.
 
OP
B

Bobb

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  • Thread Starter
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Unfortunately you can't and the Courts have already ruled as such

Johnson v HWM, Kingston County Court 1997. Complexity of car manufacture and component supply, impossible for dealers to guarantee a precise specification.

Further I would fall over backwards if MB's order form did not allow for this.

Well you might have to fall over backwards, I have been researching my position, and apart from the fact that they have tried to give me a car which was not as specced, they have the incorrect figures on the finance balloon payment £300 more, provide a car at the same cost without amendment to the price. Plus their order form strictly suggests a sales managers signature is required, and no signature on it, which makes the order not worth the paper it's on. Plus car was over 30 days from expected delivery date which also allows me to cancel.
 

Gkinghorn

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Unfortunately you can't and the Courts have already ruled as such

Johnson v HWM, Kingston County Court 1997. Complexity of car manufacture and component supply, impossible for dealers to guarantee a precise specification.

Further I would fall over backwards if MB's order form did not allow for this.

http://www.honestjohn.co.uk/faq/consumer-rights/


That's not what it says. He has not taken ownership of vehicle yet. He specified it had to come with xyz it came with abc ... I would reject it .. If they argue go get legal advice and use that rather than listen to us lot debate it....

My friend recently ordered a new fiat thing and specified automatic..it came as manual ... He rejected it outright... Dealer accepted that .... Stand by your rights....
 

stumpy

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Guys, let's keep this in perspective. Retro-fitted privacy glass is fine when done properly and you will be able to choose how dark you want it. Wanting to reject a car because it is not de-badged? 5 mins with a hair dryer and some dental floss and it's job done.

Does go to show the importance though of checking the car thoroughly for correct spec. Sometimes you lose out, other's you win. A friend of mine had additional stuff she didn't pay for.
 

Kylinski

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Just curious, but why would you want to 'debadge' a Mercedes?
 

Gkinghorn

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Very clean lines on the rear bonnet.... It looks nice....
 

television

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My CL came de badged, as Gordon it gives a very clean boot line
 

Andy.M

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It's not fair to say to the op it's not the end of the world.

He is spending a LARGE wad of cash and the dealer has cocked up a bit on the paperwork, MB have cocked up a bit on delivering on time and on spec.

I think he is right to be a tad upset and expect the car he ordered.

It's not like the car has extra options which they are requiring extra payment for.

I remember a good few years ago, a friend had a new BMW ordered. When it arrived it had a sunroof fitted that hadn't been ordered. The dealer wouldn't let him have it without paying in full for it so he was allowed to cancel and walked away!!
 
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300SL

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Again, I agree. Reject it. Use any evidence to show that it is not your order.
 

Frontstep

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Well you might have to fall over backwards, I have been researching my position, and apart from the fact that they have tried to give me a car which was not as specced, they have the incorrect figures on the finance balloon payment £300 more, provide a car at the same cost without amendment to the price. Plus their order form strictly suggests a sales managers signature is required, and no signature on it, which makes the order not worth the paper it's on. Plus car was over 30 days from expected delivery date which also allows me to cancel.

I'm still standing by my original statement for the original post.
You have added further details following that.
 


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