Ms S – Complaint About a Lamborghini
Estimated reading time 2 minutes
Ms S bought a Lamborghini from a dealer for over £100,000 by way of a hire purchase agreement. Soon after taking delivery Ms S experienced difficulties in starting the car and issues in changing gear and it was returned to the dealer, who in turn submitted it to a Lamborghini main dealer. They performed a software/computer E Gear relearn and the car was returned to Ms S.
However, the repair was unsuccessful, the problem persisted and the car was returned for diagnostic testing and repair, circumstances which were repeated on several occasions, which included the replacement of the paddle-shift selector.
The seller suggested that the issues experienced were due to Ms S’s driving style and that the car was not intended to be used as an everyday car or driven for the sort of mileage Ms S had driven, which was around 6,000 miles. Ms S instructed us to pursue the rejection of the car and a refund.
An expert opinion was sought which confirmed the existence of the issue complained of and we prepared the statement of case, applying the facts to the relevant laws; Consumer Rights Act, misrepresentation and consumer protection from unfair trading regulations.
Clutch related issues have long been considered to be excluded from Consumer Rights or breach of contract cases. This is in large part because the clutch is a sacrificial part, the life of which can easily be affected by the driver or driving conditions. This is true for automatic and semi-automatic transmissions. However, there are always exceptions.
Investigations into the car, the model and the gearbox along with the communications with the selling dealer were enough to support the car not matching its description and not meeting the reasonably expected standard.
Although the matter was escalated to the FOS, the finance company were persuaded by our representations and submission, resulting in the finance agreement being cancelled, and Ms S’s deposit being refunded, along with a large proportion of her finance payments, totalling over £45,000.
About Philip Harmer
Philip spent much of his motor trade career in north-west London, working with performance and luxury marques including Bentley, Porsche, Mercedes, and Aston Martin. His track record includes resolving disputes involving prestige vehicles across the UK and internationally, and he is known for his depth of knowledge across a wide range of high-end brands.
He regularly advises on supercar and prestige vehicle disputes, including warranty failures, misrepresentation, and rejection claims.
Contact Stormcatcher for First Free Advice