did they state that it was NEARLY NEW with delivery mileage ? - all very much legal if sold to you after 90 days, pre this time they are breaking the law (buying in bulk for a massive discount to sell hinders the smaller dealer, thus they must keep the car for a few months) also they should have offered you GAP insurance, it covers the price difference from what the car was purchased to the insurance value. if they offered it and you turned it down they should have have made you tick a box stating that they explained the importance of it - this may be your un doing if you try to sue them. the info above is soley my view :S
Dealer sorry I only just saw this... The car was bought as a NEW car. I had ordered a 'fresh' one from another FIAT dealer and was waiting for it to arrive from the docks. i picked a reg no from the book but said I did not want it for a few weeks til I sold my other car. in the meantime they went bust...(The FIAT regional sales director phoned to tell me and arranged for a FIAT dealership in Wakefield to take on the task of sorting it out). They checked that the car was still in the docks - it was and they arranged to have it delivered to them. They told me my chosen reg number could no longer be used as it was part of a 'batch' issued to the other dealer. So they got the car on the 28th May & registered it in their name!? PDI'd it on the 10th May and I collected it taxed with 4 miles on it on the 14th May All my paperwork except the Reg document (the important one) states it is a 'New car' which is what I believed and was told it was! It was most definitely NOT a heavily discounted (about 8%) as i had no Part-ex and they said they were offering me a better than normal deal as I had been "inconvenienced" - (FIAT are on a bit of a 'charm offensive' at the moment). In spite of all the posts to the contrary i still think i have a case against either the insurers or more likely the dealers as I have documentation to say it was a NEW car but if the insurers are right and legally it is 2nd hand then the dealers are at fault. Either way I cannot locate a similar car as there ain't many about i.e NONE -not even new ones -in the UK at the moment with the extras and colour I had. It is a FIAT new car finance package I have and the invoice states it is a new car.
what i dont understand is how it can be second hand? your dealer bought a car from a manufacturer and sold it straight to u morrisons buy food from a manufacturer and sell it straight to u what is the difference? your food isnt second hand but your car is? thats crap and insurers need to be stopped soon as they are ripping their customers off
RE: what i dont understand is how it can be second hand? I think is its because pre-reg cars that have been around a long time are sold with huge discounts. However I may have a 'get out' in that a car is not defined as pre-registered when it is registered AFTER the terms and conditions of sale with the end user have been determined. I can prove (I think) that the same car that I agreed to buy was registered only on the day that I signed the forms with the dealer and several days AFTER I had paid the original deposit for it (after it had been located at the docks). i agree though it's unethical and immoral of insureance companies to avoid paying out using this excuse in this instance as I did not financially gain from the 'pre-reg' situation as would normally be the case. Mind you - what else is new with insurers these days. I took a loss adjuster on once before and ended up with a better deal than I was prepared to settle for. You CAN grind them down if you work at it!
