Boot Load Cover Not Included

[FocusSmudge]

Hi folks,

Bought my Focus Estate from a Toyota dealer on the 10/10/14, so a little over 2 months ago.

I picked the car up that day and the salesmen made reference to the dog guard in the boot and how the valeter had removed it, but left it in when the salesmen mentioned I had a dog. It wasn't until a few weeks later I noticed there was no boot load cover but was sure the car had one in when I took it out for a test drive.

Being an essential item, I reluctantly picked one up at a scrap yard for £48 (cheapest I could find) but trawling through my phone, found a picture I took of the car on the forecourt, with the boot load cover!

Therefore meaning the dealer had removed it.

I appreciate the car should've been checked over prior to signing the forms, but do I have a leg to stand on if I went back to the dealer and either demanded the removed item, or requested a 'good will' gesture of the sum I paid for it?

I've checked the sales of goods add (a little OTT I know) but it does clearly say this:

'All goods must be; as described, of satisfactory quality and fit for purpose'

I have technically received the car not as described as an item has been removed.

Wild goose chase?

[laumk7]

I'd say it's definitely worth a try, it's not going to be any good to them unless they've got loads of Focus estates! If they've binned it demand a refund on monies spent - try and pop in when they're busy too, armed with your photo - no one likes bad advertising ;)

I've had a dealer try and sell me a car (main dealership) without the boot carpet before now it wasn't until I asked they replaced it

Sent from my iPad using Ford OC

[gregers]

and maybe find a receipt for the 1 you bought just in case the dealer thinks that you already had it from delivery and thinks your trying to pull a fast 1 on him ;)

[FocusSmudge]

Thanks guys. Got the receipt to hand so we post them a body shortly. I can probably imagine the outcome though.

[The Dark Knight]

Only just noticed this topic. This will be down to dealer discretion for a positive outcome at face value. I say this because your SOGA rights would only come into play if they have sold the car and described it as having a boot load cover.

This description can be wording in an advert or brochure or photographs they have published on a website or magazine advert. You could try enforcing your rights by saying you thought it was included because it was there when you saw the car and it is perfectly reasonable to assume it would remain in the car after purchase.

If they haven't actually described it as having the boot load cover either by words or photo's, they may be able to defeat any SOGA claim by saying (for example) that it was placed in the car temporarily for some reason by one of the staff and the cover belongs to that member of staff. It was never intended to be sold with the car and was never decribed as such.

You never know your luck though!

[FocusSmudge]

Thanks Dave. Some very interesting information; you make some good points!

I went to view the car before the dealer had a chance to take any photos or indeed put a proper description up.

Think I'll save the 20 mile round trip and put it down to experience. Check the car thoroughly before I sign!

[GingerFlame]

Did you end up with a positive result?..

[FocusSmudge]

Hi Kieran,

Thanks for the response.

Decided not to pursue it in the end. As I'd bought another cover which couldn't be refunded, I'd then be stuck with a second that I probably wouldn't be able to sell! (that's of couse assuming they'd give it back)

Lesson learned for next time though; check the car thoroughly before driving away