Can I reject New Car as being unfit to drive?

vaio

custardy wrote: »

even if you did get a refund,it wouldnt be full
you have had a year of use from the car
personally i feel you are being unreasonable
its a fault the dealer will rectify

Before or after the OP has an accident because the wipers stop working at 70 in the outside lane of a motorway?

Alternatively, how many attempts do you feel is reasonable for the dealer to have before something else happens? They are up to four already and still the fault is there

custardy

vaio wrote: »

Before or after the OP has an accident because the wipers stop working at 70 in the outside lane of a motorway?

Alternatively, how many attempts do you feel is reasonable for the dealer to have before something else happens? They are up to four already and still the fault is there

unreasonable expecting a full refund on a year old car?

alleycat`

I would have thought the dealer could reasonably offer the OP an alternative suitable vehicle as a "swap" if they cannot rectify the current one in a reasonable time frame.

I wouldn't have thought they'd want to eat a full refund on a vehicle that lost value as soon as it was driven off the forecourt.

Equally, if i was the OP, i'd be less than happy expecting a car to have a major electrical failure at that sort of speed in adverse weather.

A swap of a suitable similar vehicle and a bit of complimentary service / bits and bobs would seem fair and equitable if it can't be sorted out without a visit back to hyundai TECH.

As to something else:-

I was going to ask the OP if they had GAP insurance should the dealer/manufacturer offer a partial refund and would it even apply in this sort of instance?

Just a thought.

Lum

Suppose it wasn't a car but a washing machine that broke after 7 months, and then repeatedly failed despite supposed fixes.

I doubt many people here would argue for anything less than a full refund, what makes a car special?


And yes a wiper fail at high speed is scary. Had it happen to me with one of those new (at the time) Tesco flat wiper blades that had the mounting mechanism snap off at 70mph in the wet. I made them refund all 3 wipers that I'd just bought, even the two that hadn't failed.

alleycat`

Lum wrote: »

Suppose it wasn't a car but a washing machine that broke after 7 months, and then repeatedly failed despite supposed fixes.

I doubt many people here would argue for anything less than a full refund, what makes a car special?


And yes a wiper fail at high speed is scary. Had it happen to me with one of those new (at the time) Tesco flat wiper blades that had the mounting mechanism snap off at 70mph in the wet. I made them refund all 3 wipers that I'd just bought, even the two that hadn't failed.

Depending on the car spec you could be talking about a £5K write down on the first year of an i30.

Thats a lot more than the write down on a washing machine.

I agree in principle that money shouldn't come into it but a like for like swap (with working wipers) would be seen as a fair outcome (under the SOGA - my interpretation i'll admit).

I'd think the op would fall into this catergory if they won't accept a replacement:-

"If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit"

i know 7 months isn't a lot but it could be seen as some benefit (not much for a car i'd agree).

Taking a swap and some extra gesture of good will would seem their best recourse.

Under the SOGA the 6 month time cut off is the bit where it becomes the consumers onus to prove the fault was inherent rather than the manufacturers and this is probably the hurdle that would make it difficult to get a full refund (without throwing more money at independent inspection, etc.).

jd82

It will be a CAMBUS system or similar so I suspect the fault is with that. There will be apart of the ECU which sends the signal via the bus to switch on the wipers. I suspect this is faulty, not sure if the cambus controller is in the ECU itself or seperate.

I think its unreasonable to expect a full refund, but I think you do need to get Hyundai to fix this and threaten them with legal action.

Hintza

jd82 wrote: »

I think its unreasonable to expect a full refund, but I think you do need to get Hyundai to fix this and threaten them with legal action.

Why has he OP made no mentin of having any contact with Hyundai customer services?

OP get o to Hyundai and get them involved.

jd82

Its what I meant just didn't make it clear. I know FIAT often get involved when people are having problems with dealers not fixing things, FIAT will actually send their own engineers to look at the problem. I am sure Hyundai will do the same.

The OP does have a legal right to get this fixed properly. I just have no idea what the law says after all attempts have failed? Surely its time to give the OP another 1 year old car?

goldspanners

jd82 wrote: »

It will be a CAMBUS system or similar so I suspect the fault is with that. There will be apart of the ECU which sends the signal via the bus to switch on the wipers. I suspect this is faulty, not sure if the cambus controller is in the ECU itself or seperate.

its CANbus. .

and your right, if it is a CANbus system then there may be a seperate relay interface that supplies power to the wiper motor,controlled by an auxilliary ECU. unfortunatly its not as simple as it used to be.

vaio

custardy wrote: »

unreasonable expecting a full refund on a year old car?

Fair point

On the other hand, if the car had not been defective the OP would….

Be a happy punter, with a year old, one owner car that had done 4k miles.

I suspect happy punter is out the window but the dealer/manufacturer do have the ability to make the rest (or better) happen and to be frank I can’t really see any reason why they shouldn’t and if that means them taking a hit on the depreciation then they should swallow it/balance it against the grief they have caused the customer & time (s)he has wasted taking it back for repairs.

I might have a different view if it was a single or even two faults as even new cars do go wrong but this is a wiper fault which the dealer has already had four attempts at fixing.