If you hand over money for a car up front, but it doesn’t arrive on the agreed date, what can you do?
Reader Oliver McClaren from York told us he was still waiting for his 54-plate Nissan 350Z six weeks after paying £16,000 – the full price. But when he went to collect it from Nissan dealer Evans Halshaw in Doncaster, S Yorks, staff said he couldn’t have it, because the registration documents were missing.
“The garage had the money in its account earning interest while I was forced to pay for insurance and make finance instalments,” he explained.
After a four-week wait, Oliver rang the dealer’s parent firm, Pendragon, to complain. But he was told there were plenty of other people interested in the car, and that he could have a refund if he preferred.
We rang the Trading Standards Institute to find out where he stood legally. A spokeswoman told us: “The law does not set out anything unless you’ve agreed a delivery date. However, it does say you must get your goods within a reasonable time. We would say six weeks is unreasonable. The consumer should argue that he should not have to pay for something he hasn’t used – so asking for one month’s finance payment back would be fair.”
To make matters worse, when the 350Z finally arrived Oliver claims it was dirty, scratched and had kerbed wheels. He said the garage initially promised to get the car into an acceptable condition – but he has heard nothing for weeks.
We called Evans Halshaw’s sales manager, Mark Dickson, to find out what was going on. He agreed the length of time Oliver had to wait was unforgivable. “There was a communication breakdown between Mr McClaren and our workshop,” he told us. “I have now spoken to him and his car has been booked in to be repaired. I will then sit down with him and discuss what would make him happy following all this inconvenience.”
Oliver said: “I’m happy that things are progressing. I think six weeks’ insurance and finance payments would be adequate compensation.”
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