New Ka doesn't match the model in the brochure - what can I do?
I took delivery of a brand new Ford Ka Titanium three weeks ago and I have been in dispute with the dealer ever since. The car is described in the brochure as having a premium steering wheel, shown with radio control buttons on it as 'standard'. The car has arrived without the steering wheel control.
To cut a long story short, Ford have advised that the equipment cannot be retrofitted and that it was an option not standard and was not specified. It is clearly marked as standard in the brochure I ordered from and discussed with the salesman. I have explained that as it is referred to as standard it would not have been specifically ordered this model.
After three weeks of arguing, Ford have now told me that they will not discuss it further and won't help me. I am now contacting FCE Bank as they provided the finance under a hire purchase PCP agreement referring the Supply of Goods and Services Act. What’s your thoughts?
To cut a long story short, Ford have advised that the equipment cannot be retrofitted and that it was an option not standard and was not specified. It is clearly marked as standard in the brochure I ordered from and discussed with the salesman. I have explained that as it is referred to as standard it would not have been specifically ordered this model.
After three weeks of arguing, Ford have now told me that they will not discuss it further and won't help me. I am now contacting FCE Bank as they provided the finance under a hire purchase PCP agreement referring the Supply of Goods and Services Act. What’s your thoughts?
Asked on 25 July 2013 by Fizic
Answered by
Honest John
It doesn't matter what is in the brochure. The spec of a delivered car can change and the courts have ruled that this is acceptable because there are thousands of parts in a car and the production line cannot be stopped just because one part is not available to match a brochure description. The relevant case law is Johnson v HWM, Kingston County Court, 2007/ However, you could have refused to take delivery of the car because it did not have an item of spec that you consider to be vital for your needs.
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