Motorpoint ad banned after £17,000 savings claim ruled misleading

Used-car retailer Motorpoint has fallen foul of the Advertising Standards Authority (ASA), after one of its social media ads was banned for being misleading.

The paid-for ad on Instagram went online on 5th March and featured images of 40 cars "on a plain studio-style background" accompanied by the text "Why buy new? Save £1000s off nearly new used cars. Browse our wide range across 21 stores nationwide."

The images also featured arrow-shaped graphics saying  “NOW ON” and “UNBEATABLE PRICE EVENT”, while accompanying text stated "Save up to £17,000".

However, a complaint was raised by someone who viewed the ad and was then unable to find a car with a saving of £17,000 on the firm's website, claiming it was misleading.    

The case of the missing £17,000 discount

Responding to the complaint, Motorpoint explained that the £17,000 saving was one that buyers could make "against the recommended retail price of an equivalent car bought brand new from a manufacturer or new car dealer, rather than a discount from Motorpoint’s own selling price."

However, while those in the know might be aware that Motorpoint specialises in selling used cars up to three years old and doesn't offer brand-new models, that information may not be shared by the average buyer. 

Motorpoint added that the savings claim had been used for several months in other places, and approved for use by ad clearing agency Clearcast, following evidence it provided that 10.68% of cars it offered for sale offered savings of £19,000 or more. 

While the firm's website explained how the savings were calculated, it accepted that the terms and conditions could have been clearer in the social ads. 

ASA complaint upheld

The ASA decided that in the context of the Instagram ad, "consumers would have understood the claim "Save up to £17,000" to mean that a significant proportion of the nearly new, used cars included in the offer were available with savings of up to £17,000." 

The “UNBEATABLE PRICE EVENT” and “NOW ON” graphics were also singled out for adding to the problem, with the ASA adding "Because those claims were presented as one overall promotional message, we considered consumers were likely to interpret the £17,000 claim as part of the savings available through that event."

The ASA also acknowledged Motorpoint's comment that 10.68% of stock offered savings of £19,000, but the vast majority did not, saying that within the £17,000 to £17,999 saving band, only 20 of 1611 vehicles were available with that level of saving.

As a result, the ASA considered the ad was misleading and concluded that it breached the ASA's code and must not appear again in the same form. 

Motorpoint was asked to ensure that "future "up to £x off" claims should including a significant proportion of vehicles available with savings of the stated amount and that such claims represented the true overall picture."

Ask HJ

Dealer sold me a car that was remapped but I didn't know - what can I do?

I bought a Land Rover Evoque in April 25 and it started having performance issues this April. I took it to the garage but they couldnt find what the issue was so they sent it to a Land Rover specialist, they informed me that it had been remapped and that it needed to be reset to factory so that any hidden errors would show. The DPF error code came up, they tried to clean but said it had 3 x the soot as it should have, they had to replace the DPF and they said that it had been gutted. It cost me £2770, is the dealer that sold me the car, liable?
If the specialist has confirmed that the inside of the DPF has been gutted this makes the vehicle illegal for road use and should not have been sold in that condition. We would suggest writing to the dealer with the evidence from the specialist requesting that they reimburse you for the cost of the repairs as the vehicle is not as described and not road legal. If they dispute this claim you can report them to Trading Standards with your evidence and have the option to pursue them through small claims court.
Answered by David Ross
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