My new FIAT 500 doesn't have Stop-Start, although I specifically ordered it. Can I reject the car?

I bought a brand new Fiat 500 in March and it was delivered on 30 April. The Fiat 500s were upgraded in January 2010 to have Start-Stop fitted as standard. I have a spec sheet and order form from the dealer stating that the car should have this feature. I have also phoned Fiat UK who confirm that my car should have Start-Stop. But I have just found out that my car does not have this feature!

I took it into the dealer today and they have confirmed that it doesn't. It puzzled them as much as me. They cannot get at my paperwork in the office until Tuesday so they are going to ring me then. The problem I have is that the Start-Stop function is a major engine modification, and for my 'new' car not to have it, I am concerned I have a 2009 model car and engine which has been shipped as a 2010 car. I don't want the car to be sent away for modifications as I don't see it as something that can be fitted afterwards. Can I reject the car under the Sale of Goods Act as not being what I ordered? Is there a breach of contract there somewhere? I bought the car on the Scrappage Scheme so does anyone know what the issue is with me claiming a refund and the price of my scrappage car and the £2000 that was knocked off?

Asked on 1 June 2010 by Gather

Answered by Dan Harrison
It does sound like a strange situation. This is not the car that you ordered and therefore it needs to be put right. You may decide that you want to keep the car, but will accept some form of payment from Fiat as compensation. Alternatively, you may want to reject the car. This could mean a long wait for a replacement, though. Have a read through our guide on how to reject a car. It's at: www.honestjohn.co.uk/faq/consumer-rights
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