Vauxhall Zafira Tourer not rated to tow??.

[wyldeandfree]

We have just bought a used Vauxhall Zafira Tourer specifically to tow a caravan. It's in good condition with a kerbweight of 2455kg. It is a diesel 2.0 - I've posted the engine details in a picture. But we stupidly forgot to check the VIN plate, and having driven only about 5 miles, I stopped to get petrol and check the plate and found that under GTW it says 0000. On the VC5 under braked and unbaked tow it is blank. This seems really weird to me as there are loads of reviews of the Zafira Tourer as a towcar including with this exact engine.
Is there anything we can do?
Dealer is refusing to take the car back saying that it was our responsibility to check it could tow and there is nothing wrong with the car. We had an independent inspection of the car before purchase and the mechanic also said the car is in really good condition.
Is there any chance the information is just blank and Vauxhall might be able to do something?
Is there any modification we could make to enable the car to tow?
Why would a huge diesel well know tow car be rated to tow nothing at all?
We are distraught as it was obviously a stupid mistake and we spent years of savings on this car that we bought entirely for the purpose of towing.
Does anyone have any information or ideas?
Thanks
Rachel

 

[RogerL]

There are some cars with zero towing limit - I seem to recall that one of the Zafira models is among them - if the dealer won't be kind I see no alternative to biting the bullet and swapping the car.

 

[otherclive]

I don’t believe the kerbweight is that high! 2455 kg does not seem correct. Could it be GTW? OP says stopped to get petrol yet the car is heavy oil/diesel.

 

[RogerL]

I don’t believe the kerbweight is that high! 2455 kg does not seem correct. Could it be GTW? OP says stopped to get petrol yet the car is heavy oil/diesel.

I was going to comment on the apparent high kerbweight - you're right, it's probably the gross weight.

I still call at "petrol stations" to fill up with diesel - old habits die hard.

 

[wyldeandfree]

I mean stopped to get diesel!!! Sorry this is my first diesel car and I just use petrol as a shorthand for fuel.

 

[wyldeandfree]

This is VIN plate. If that number is GTW how would I figure out kerbweight? And what could we do about it??? Presumably not legal to tow unless we got documents changed?

 

[otherclive]

If the car has nothing on the weight plate and v5 is blank regrettably there’s nothing Vauxhall or anyone else can do to make it approved for towing.

 

[wyldeandfree]

Sorry upland didn't work. Here it is. On call with Vauxhall as I type but he is just saying "you can tow!" I am asking for more details!!!

 

[ProfJohnL]

Unfortunately you have made a big mistake. There is nothing you can do to make this car legal to tow anything. The VIN plate showing 0000 on the GTW line strictly means it is not approved to tow, and it would be illegal to even fit a towbar

However, if during your discussions with the dealer you told him of your intention to tow a caravan, and he did not advise you the vehicle would not tow he has failed in his duty as a dealer. The law expects dealers to be "expert" about the goods they sell, that is why they are called dealers. Dealers should be able to advise customers should a product be unsuitable for their stated purpose.

I suggest you read up about the Consumer Rights Act.

If you did not mention or state you intention to tow to the dealer, then the dealers response is correct. The old adage of Buyer Beware is poignantly correct.

 

[wyldeandfree]

He knew full well we wanted to tow. We discussed at length. However that was all verbal not in writing so not sure what we can do.

 

[wyldeandfree]

He even specifically said it was a good tow car. He is now saying "its not fault you didn't check it could tow your caravan."

 

[ProfJohnL]

He even specifically said it was a good tow car. He is now saying "its not fault you didn't check it could tow your caravan."

In English law, even a discussion about a specific purpose with a dealer is considered to be contractually significant, and he should have used his expertise to warn you off this car as it is not even approved for towing. You were using him as an expert, and you should have expected him to advise you if the car was not suitable for your stated intention. He should have known or at least checked the vehicle was suitable, that is his job.

Unfortunately, traders often try to use the public's ignorance of their statutory rights, to divert their liability in situations like this.

Look up the consumer associations web pages about the Consumer Rights Act.

Plainly it was not a "Good tow car" as it cannot legally tow anything.

key phrases to consider.
Goods not as described or advertised
Goods not fit for purpose
Missuse of position of trust or expertise

 

[otherclive]

If you had a witness to the conversation that would help. But in the absence of reaching an agreement with the dealer you can take action via the CRA2015 but be prepared for a long haul. This might help.

Consumer Rights Act 2015 for used and new cars | AutoTrader

The Consumer Rights Act provides second-hand and new car buyers with a wider range of rights covering the sale of goods and services. Here we explained which consumer rights could cover you when buying a car, or when you require a refund, car repairs or the replacement of faulty goods.

www.autotrader.co.uk

PS note 30 day right to reject band not fit for purpose clauses. If you go on Which website there is an auto letter generator that spells out to a Seller precisely what your complaint is and what action you expect. Did you pa anything by credit card or on finance? What was the cost of the vehicle.

 

[Jcloughie]

Look at this letter. Make adjustments to suit your situation and send it recorded delivery to the sales manager.

They may deny any conversations were ever had. But it may also scare them into a response in your favour.

There is nothing to lose.

John

 

[Beachball]

Hi Rachel sorry to say some Vauxhall Zafira cannot tow i would bite the bullet and trade it in

 

[Buckman]

I strongly recommend that you contact Which Legal Services for the correct consumer advice even though the advice given in previous posts may be correct.

I am in the midst of a another battle with a car dealership that sold our grandson a car where the gearbox seized after about 3 miles!

 

[ProfJohnL]

Here is a link to Honest John who describes exactly the position you find yourself in it even mentions caravans!

https://www.honestjohn.co.uk/how-to-reject-a-car-your-consumer-rights/#what-qualifies-as-a-reason-to-reject-a-vehicle

 

[Buckman]

This will need formatting;

(Your address)​

(Company/ supplier address)


Dear

Formal Letter of Complaint: make and model

On [date] I bought the above [item] from your store. On [date], [……] days after purchase, it developed a serious fault [describe].

Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. The problem described above shows there was an inherent defect in the [item] at the time of purchase. You are therefore in breach of contract.

In these circumstances under Section 19 and 20 of the Consumer Rights Act 2015 I am entitled to reject the vehicle .

Please note that liability for substandard goods cannot be restricted or otherwise excluded, pursuant to s.31 of the Act, despite any terms and conditions to the contrary. To be clear, these rights act independently of any guarantee that may or may not have been provided in respect of the works.

Under the Consumer Rights Act 2015 remedies for breach of contract must be performed within a reasonable amount of time, without significant inconvenience to me, with you bearing all necessary costs.

I look forward to a satisfactory response within 14 days in response to this claim for a refund of (cost of car, reg number).

Yours sincerely,

 

[Lutz]

This will need formatting;

(Your address)​

(Company/ supplier address)


Dear

Formal Letter of Complaint: make and model

On [date] I bought the above [item] from your store. On [date], [……] days after purchase, it developed a serious fault [describe].

Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. The problem described above shows there was an inherent defect in the [item] at the time of purchase. You are therefore in breach of contract.

In these circumstances under Section 19 and 20 of the Consumer Rights Act 2015 I am entitled to reject the vehicle .

Please note that liability for substandard goods cannot be restricted or otherwise excluded, pursuant to s.31 of the Act, despite any terms and conditions to the contrary. To be clear, these rights act independently of any guarantee that may or may not have been provided in respect of the works.

Under the Consumer Rights Act 2015 remedies for breach of contract must be performed within a reasonable amount of time, without significant inconvenience to me, with you bearing all necessary costs.

I look forward to a satisfactory response within 14 days in response to this claim for a refund of (cost of car, reg number).

Yours sincerely,

The above template will have to be edited somewhat before it can be sent off, because it includes statements that are not true. It states, for example, "it developed a serious fault" and "there was an inherent defect". The car didn't develop a fault in the course of time. The manufacturer never claimed that it would be suitable for towing so it was always like that so it didn't develop any fault. Consequently, it doesn't suffer from an inherent defect either. The only argument that can be put forward is that the dealer didn't make the purchaser aware of the issue although he was informed prior to the purchase of the customer's intended use.

ps: I have checked all the old tech specs of the Zafira 2.0 CDTI and couldn't find any version where the towing limit was zero, so the issue puzzles me somewhat. The only possible explanation that I can think of is that only right hand drive models were affected.

 

[Buckman]

The above template will have to be edited somewhat before it can be sent off, because it includes statements that are not true. It states, for example, "it developed a serious fault" and "there was an inherent defect". The car didn't develop a fault in the course of time. The manufacturer never claimed that it would be suitable for towing so it was always like that so it didn't develop any fault. Consequently, it doesn't suffer from an inherent defect either. The only argument that can be put forward is that the dealer didn't make the purchaser aware of the issue although he was informed prior to the purchase of the customer's intended use.

Which is why I said it needs formatting to suit the circumstances? Section 10, 19 and 20 would apply. Plus of course S22.

 

[wyldeandfree]

Here is a link to Honest John who describes exactly the position you find yourself in it even mentions caravans!

https://www.honestjohn.co.uk/how-to-reject-a-car-your-consumer-rights/#what-qualifies-as-a-reason-to-reject-a-vehicle

Wow! That's helpful, thank you so much. We spoke to CAB and they said the same thing- that we are covered. Dealer isn't willing to admit liability though he has offered a refund minus his re-advertising costs (£250).

 

[wyldeandfree]

The above template will have to be edited somewhat before it can be sent off, because it includes statements that are not true. It states, for example, "it developed a serious fault" and "there was an inherent defect". The car didn't develop a fault in the course of time. The manufacturer never claimed that it would be suitable for towing so it was always like that so it didn't develop any fault. Consequently, it doesn't suffer from an inherent defect either. The only argument that can be put forward is that the dealer didn't make the purchaser aware of the issue although he was informed prior to the purchase of the customer's intended use.

ps: I have checked all the old tech specs of the Zafira 2.0 CDTI and couldn't find any version where the towing limit was zero, so the issue puzzles me somewhat. The only possible explanation that I can think of is that only right hand drive models were affected.

Thank you. Re your PS Vauxhall is also puzzled by this and is investigating.

 

[wyldeandfree]

Hi Rachel sorry to say some Vauxhall Zafira cannot tow i would bite the bullet and trade it in

Could I ask where you found out about that? Vauxhall have said all their Vauxhall Zafira Tourer cars can tow. Though they are double checking.

 

[otherclive]

Wow! That's helpful, thank you so much. We spoke to CAB and they said the same thing- that we are covered. Dealer isn't willing to admit liability though he has offered a refund minus his re-advertising costs (£250).

That’s a good outcome and saves you a lot of additional hassle albeit with the loss of £250.

 

[Buckman]

Like you it also seems we have had a successful outcome with grandson's recent purchase of a motor vehicle.