Unfortunately, the burden falls on you to prove them in the wrong on this one. Totally unfair but true. Its very hard to reject a car once you drive off, but you have reason here because of the advert and because as a main dealer, they are the experts not you, and you are within your rights to trust them to some degree over technical details in which you are neither trained or experienced in.
I'm no legal expert but I have rejected 2 cars successfully in the past. One I got my money back for in full (the trade in was still sold to them for £500 more than on the original deal as they had a buyer lined up), the other was fully fixed in the interim period with a loan car provided for me in the interim period.
So take some time to sit down and plan your strategy of
how to deal with it. Go with a plan that you lay out on paper and stick to it. Some key elements have been mentioned already but keep calm when speaking with the dealer (you don't need the dealer taking a "dislike" to you or you attitude - so present yourself well). It is illegal to record conversations without the other person's knowledge so if you do decide to do that, never let on you are and remember that it is not of any use other than to take notes from.
Don't use the car at all
without their agreement as if any damage occurs, you lessen your arguement about rejection and they strengthen theirs about your acceptance of the deal
which is important. Your journey home is OK as that is not unreasonable.
Step 1 - Gather Your Evidence :-
- Find the info on what "Seat Approved" really means. The Seat web site will have the details, and ensure that the car was advertised as Seat Approved, and that it meets all of their own criteria.
- Study the advert and ensure you have a printed copy. Have it in front of you when on the phone.
- Check your receipt for any info around it being a 130.
- Make a note of the times and dates of conversations that you have had already had with them (and any names you can recall) that you can clearly remember. You don't need any uncertainty creeping in - stick to the absolute facts. These people are trained in sales and therefore in talking people into corners! If they take the conversation "off track" stop them and re-ask the origianl question or restate the original statement.
- Know what it is that you want from them - a refund, or some cash due to the lesser spec (know how much or at least tell them that you will let them know), how much your expenses are for travel and fuel etc. Have it all written down so you don't waver and so that you come across as authoritative and assertive, confident in what your saying, knowing your position and knowing what you want. I'd want a full refund and nothing less.
Step 2 - Call Them to Reject the Car
- Most important thing of all - KEEP CALM! KEEP POLITE and PROFESSIONAL in your approach! Really hard to do when they deserve both barrels, but like it or not - you need their help and co-operation.
- Be very careful about NOT using words like "Stolen" and "ripped off". Use words like "disappointed" and "upset". Think of it like this...... if someone says you ripped them off or that you stole from them you'd get defensive and dig your heels in. If they said they were disappointed in you or that they were upset by your actions, you'd feel guilty.
- Make the call from somewhere quiet so you can concetrate 100% on the call without distraction and so that you can make notes in peace.
- Find out who is the most senior person on site today. Speak to the most senior person available today. Request a call back within the hour if they are not available. Don't discuss the nature of the complaint with the person answering the phone as you don't want them pre-warned. Simply tell them who you are and that you have an issue with the car you picked up yesterday. Chase them up after the hour expires. Do not request to speak to the sales person - you already have no trust in him/her so don't speak to them any further.
- Explain the nature of your complaint and that you have only this morning discovered that the car you have purchased isn't the car you thought your were purchasing in terms of spec. Let them respond. Don't be afraid to make a statement and then say nothing - they will feel as if they have to respond and even if you pause for a minute of awkward silence, let them respond first (even if you have to ask if they are still there to prompt them!). It puts the pressure on them to say something and respond.
- Then, mention the misrepresentation in the advertising etc. and that according to your other half's employer who happens to be a solicitor, this gives you just cause for receiving a full refund and your car back, plus expenses incurred. Make sure they know she works for a solicitor.
- As you are talking, make notes. Record the time, date and who you spoke to. Note also the times you call and leave messages, or where you request a call back. List any actions, agreements, requests made (with answers) etc.
- When you finish the conversation, read back your understanding of the status (eg that they agree you can use the car in the mean time withouth fear of penalty or it implying any acceptance of the deal) and list any actions they agree to take and anything you agree to. Before hanging up, take a moment to decide if you are clear with the conversation and anything agreed. Clarify anything that is not clear to you. Also agree with them when they will come back to you with any info/actions and if they are late chase them. Again, note it all down including that you had to chase them as they didn't respond at the agreed time.
- Write notes on the conversation whilst its all fresh. Be honest and note detail of how you were spoken to - were they polite, professional, helpful for example or were they rude. Be honest.
If you do decide to keep it, do your homework about the difference between a 110 and a 130 in price for the same spec. Also, make sure you know what your car does not have, that the 130 will have as standard (such as trip computer, shape of the seats, wheel sizes, rear electric windows, front fogs - just some examples of the sorts of things some makers leave off smaller engined versions of cars which might not be true for your car, but check it all on Parkers). Also I'm pretty sure that the SE130 is badged on the boot with a 130
badge.
Personally, I would not accept the car. They have charged you a lot because of the sat-nav, the condition and mileage so don't accept a replacement either. Get your car and your money back. If they can't get your car back, then go for the value on the receipt that they list the Leon for in total. If they source you another car, it will be any old pile that they can get a hold of to get rid of you. Get your money back and accept nothing less - at least then you can buy something dirt cheap to run about in whilst you find a decent Leon that you actually want.
Don't accept any excuses around it being "chipped" and therefore a 130. Seat Approved cars should not be modified and if it has been and they admit as much, note it down as additional important information missing from the advert and any written information you have from them as you would not be able to insure the car correctly without knowing this, and "you would not have bought it if you knew it was chipped" is what you should stick to even if you might have considered it still - be very definite about this.
Get further advice from them and Citizen's Advice if your Mrs can't
help via her work.
I really hope you get to a satisfactory resolution with this one. Its a bitch when things like this happen.