Going back to my previous post 'Help! Kerb weight VW Passat ' does anybody know if I am covered under the sale of goods act 2003. It turns out the the gloss sales book was wrong (this was the info the dealer looked at when I asked about kerb weights)and the handbook is right. There is a error of 178kgs between the figures which makes is the diff between having to change my car or not.
I purchased it from new and it 13 months old.
Thanks
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Explain how the error in the weight causes you a problem, please ...
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He bought the car becuase he wanted to tow a caravan and need a car with a specific minimum weight. The car he bought was advertised as having at least x kgs, but now finds it is 10% lighter. This means it is now not fit for the purpose for which it was bought.
I think that as long as you specifically mentioned your purpose whem buyng that you are on strong grounds. Go to see a solicitor.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Thanks for the reply.
If you take a look on page 2 under Kerb weight - VW Passat.
hope you don't mind me pointing you to another post.
Thanks
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Somehwere in the glossy brochure there will be a disclaimer...that all contents are correct to the best of their knowledge but are subject to change, correction or removal and should not be relied upon.
StarGazer
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So what are you meant to do, take a demonstrator to a weighbridge?
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Standard get out clause if they want to change the spec slightly without reprinting the brochures. Usually salespersons will be able to advise if the final spec is different to the brochure, but if it is a error that hasnt been noticed before they will not.
Do cars have the GVM on the Id Plate? If this was incorrect that would be more serious.
StarGazer
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If the kerbweight was a specific factor for choosing that car, it should have been noted in writing at the time of sale.
Specifications change, as the gloosy brochure (for thats all it is) states quite clearly.
Leg to stand on on? 13 months on? No written confirmation about the kerbweight and its requirement then no legs of any kind.
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If the kerbweight was a specific factor for choosing that car, it should have been noted in writing at the time of sale.
RF hits the nail squarely on the head. If you are buying a car for a very specific purpose, then you msut get that scribbled down on the purchase order - like when you order goods through mail order and write 'time is of the essence' - it's there for your protection and if you bought it on a specific assurance and if it is written down, then you have a case.
Leg to stand on on? 13 months on? No written confirmation about the kerbweight and its requirement then no legs of any kind.
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Again as RF says, no chance... :(
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Im not plain stupid, just a special kind of stoopid.
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And i'd put money on the handbook having the same type of disclaimer in it - the question that then rises is which one is correct?
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VW UK are saying that the hand book is correct, however I have asked them to go away and check again.
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What is the max towing weight for the vehicle, and what is the weight you are going to tow?
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Judging from your previous thread
www.honestjohn.co.uk/forum/post/index.htm?f=2&t=32...7
that even though you have not told us the weight of the caravan, it probably falls outside the 85% advisory rule but within 100% of the cars weight. Hence, VW could argue that you would be perfectly safe because the van falls within the 100% and the difference from the originally quoted figure makes no difference to the legal position or its capacity to tow your new van. It would help a great deal if you told us the weight of the van - the "85% rule" is after all only advisory and carries no weight in law. Have you been to a weighbridge to see what the real weight is? It might even be heavier than the book/dealer/VW say!!
I wouldn't go by max permitted trainweight etc because I have a feeling that these are somewhat theoretical and not supposed to reflect what you actually tow on the road (I will stand corrected - someone will know better!!)
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In theory the gross train weight is the weight of the vehicle, plus the max weight the vehicle can carry, plus the max towing weight. On some cars this is clearly set out on a vin plate, but I suspect this is mainly limited to larger vehicles that are likely to be used for towing seriously.
For instance, my Landcruiser plate says something like:-
Vehicle weight = 2450kg
Max veh. weight= 2950kg
Gross train weight= 6450kg
Which means the max tow weight is 3500kg, which is what Toyota recommend. The fact that it's greater than 100% of the vehicle weight doesn't matter, as the 85% and 100% rules are both only guidelines.
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