Do I have to take recalled car?

BykerSands

onlyroz wrote: »

Yes we were reading about this last night. So if our car has a fault we can get a refund within 30 days regardless of whether the fault can be fixed. Perhaps this is why they are refusing to give us the car?

A refund minus the use you've had out of the car.

BykerSands

Marktheshark wrote: »

What it says about taking possession of goods and start of contracts would be the relevant area, it was quite clear in the SOG act, when you go the goods you started the SOG act, if they refused to supply you had the right to walk away, finding what the new act says would be the relevant part.

So in other words,,as usual you haven't got a clue?

tower

Are you sure it's a recall and the car wasn't damaged during delivery so had to be returned for repair?

onlyroz

tower wrote: »

Are you sure it's a recall and the car wasn't damaged during delivery so had to be returned for repair?

No idea. Nobody else seems to know either.

Marktheshark

I would think the truth would be a good starting point with them, exactly what is wrong with the car, have they accident damaged it and are bodging it up whilst hiding behind this recall thing thats not even listed as a recall.
If they are doing a recall, which one and where is it listed in the manufacturers website.
Making such a substantive purchase I would want some truth and very quickly, or like you scourging the new law for the opportunity to rescind the deal.

fred246

I would hate to have a dealer messing around with my brand new car. It all depends what the fault is but they could very easily cause a whole heap of damage. In my experience garages never re-assemble things properly when they have taken them apart. You haven't got a clue who is messing with your car. There is no need for anyone to have had any training or pass any exams. There is no regulation of mechanics. I would much prefer to have a brand new car that hadn't been subject to 'repairs' by a dealership.

k3lvc

fred246 wrote: »

I would hate to have a dealer messing around with my brand new car. It all depends what the fault is but they could very easily cause a whole heap of damage. In my experience garages never re-assemble things properly when they have taken them apart. You haven't got a clue who is messing with your car. There is no need for anyone to have had any training or pass any exams. There is no regulation of mechanics. I would much prefer to have a brand new car that hadn't been subject to 'repairs' by a dealership.

So you make all your cars yourself to ensure they meet your exacting standards ???

BykerSands

The garages responsibility to deliver the car at the agreed time are clearly outlined.


Unless you agree otherwise it is your responsibility to deliver the goods that you have sold to a consumer. If you do not agree a delivery time you must deliver the goods without undue delay and certainly no later than 30 days from the day after the contract was made.

A consumer may treat a contract as being at an end and request a full refund in any of the following circumstances:

you refuse to deliver the goods
you fail to deliver within the agreed time and it is clear from the circumstances, or from what the consumer has told you, that this agreed time was essential
the consumer has specified an appropriate delivery period, which you fail to meet
If your contract consists of a variety of goods, some of which you fail to deliver on time, the consumer has the right, as an alternative to ending the contract, to cancel that part of the order or return goods that have already been delivered. You must then reimburse him without undue delay for the goods that have been cancelled or rejected. If the goods form part of a commercial unit that would be devalued or have its character changed if they were split up, the consumer can only cancel the order for the goods or reject them as a whole.

This does not prevent consumers also seeking other remedies that they are entitled to for late deliveries. As an example, a consumer who suffers delays as the result of the late delivery of parts of a fitted kitchen may be able to claim the wasted labour costs of their fitters if they are able to quantify this.

bigjl

onlyroz wrote: »

For clarification we are trading in a car bought under a PCP scheme for another car from the same dealer under another PCP scheme. The finance on the old car has been settled and the first payment for the new car is in a few weeks. At the moment we are still driving the old car but the registration documents etc for the new car arrived a few days ago.

I would rather not name the manufacturer at this stage.

Are you being asked to make the payments on the car you are trading in?

At the end of the day you should not be left immobile.

But Inwould probably ask for information on the issue with the car in writing.

Possibly contact the Finance Company as it is their car and they will be able to get answers easier than you as without their money the dealer would likely sell and awful lot less cars.

Have you actually seen you car in the flesh?

Just in case, as already mentioned, it has been damaged in transit.

Which happens all the time at the docks as the drivers that drive them drive them like they stole them and damage is extremely common.

I friends of mines brother used to work at the dock in Kent and some of the stories he told were eye opening of not eye watering.

A brand new A8 was smashed up one day when somebody was mucking about.

And people would regularly jump in cars and try and start them with the engine already running. Cue mechanical noises.

If memory serves I am sure he said there was an onsite bodyshop aswell.

They also used to wheel spin them all over the place.

Makes you want to buy British.

onlyroz

Hi no we haven't seen the car. I'm not totally sure where it is but I think the dealer has it because we were originally told we could have it on December 22nd and we were only told on the 21st about the issue.