Dad wants to reject faulty car

DevilsAdvocate1

My dad bought a car from a well know, large dealership chain around 6 weeks. Whenever it goes about 60mph the car judders really badly. Also, its an automatic but seems to sit in 2nd gear and not move up through the gears.


Dad took it back well within the 4 weeks to reject it. They persuaded him that there were two possible problems and that they would fix them. The had the car for a few days (this would have been 2 weeks ago) and said the work had been done, but the problems remain.


He sent a letter last week. They've contacted him today to basically say "Tough". Very shocked as this is a large dealership chain. We are going to the dealership this afternoon and dad wants to reject the car.



Dad paid cash for the car. There is no finance.


Any advice on how to handle things this afternoon. I had an operation last week - emergency removal of my gallbladder and I'm still in a fair bit of pain, so I want to be as calm and prepared as possible. Dad is so wound up I'm worried he could have a stroke or heart attack so need to go today.


Thanks.

DoaM

Consumer Rights Act 2015. They've had their one repair attempt so he can invoke his Final Right to Reject.

How did he pay? Missed it in the OP. If they won't play ball then he'll need to raise a claim in the County Court. How much did he pay?

marcarm

Actual cash as in notes, or cash like bank transfer/debit card?

CardinalWolsey

And the amount is very, very important, as it will dictate whether you can go down the small claims track or not (and therefore at this stage whether it is a threat you can use with the dealership).

System

Sorry to hear about your problems. I'm currently in dispute with a dealer.

Your father will need to write a letter to the dealership outlining the reason for the complaint, what they want as a resolution & requesting a copy of there complaints procedure and ask if they are a member of a alternate dispute resolution scheme.

If they are you can ask the adr to mediate between your father & the dealership. If this fails you can commence court action. Win & upgrade it to high court for a writ & get the sheriffs on to them.

If you paid by credit card you can raise a section 75 but this is difficult because you will need to prove the faults & this can take time.

I would advice not to use the car any further if the fault is still ther. It can affect your claim for fault as I found out.

You can contact CAB consumer helpline for advice.

DevilsAdvocate1

Hi,


Thanks for you replies.


We took the car back yesterday and handed in the keys. Surprisingly, no one was around to speak to us and dad has since had an email. He's asked me to handle it from here. I've asked dad to email me a timeline of events so I have all the facts and also to email the sales manager to give permission for me to be involved in handling it.


The car was £10150 and I expect it would have been bank transfer. There were no finance agreements.


I know dad sent a letter last week informing them of his intention to return the car yesterday. Whenever he tries to speak to someone he gets told everyone who could deal with it is on holiday. Find that hard to believe.

Aylesbury_Duck

DevilsAdvocate1 wrote: »

Hi,


Thanks for you replies.


We took the car back yesterday and handed in the keys. Surprisingly, no one was around to speak to us and dad has since had an email. He's asked me to handle it from here. I've asked dad to email me a timeline of events so I have all the facts and also to email the sales manager to give permission for me to be involved in handling it.


The car was £10150 and I expect it would have been bank transfer. There were no finance agreements.


I know dad sent a letter last week informing them of his intention to return the car yesterday. Whenever he tries to speak to someone he gets told everyone who could deal with it is on holiday. Find that hard to believe.

That sounds a positive step. You may need to get something in writing from your dad to say he's authorised you to deal with it on his behalf. If the dealer wants to be obstructive they can simply refuse to deal with you since they have no contractual relationship with you.

DevilsAdvocate1

The dealership did not respond, so after a week I took my dad back there. He wouldn't go in and stayed in my car.


I asked for the used sales manager and declined to give a reason why I was there or who I was. The manager came straight out. He told me that they could not replicate the problem and until they did they could not process any refund. I explained that my dad really needed a car and asked if they had a courtesy car. The manager said this was not possible (which I expected). However, he said he would be prepared to do a straight swap for something else and at the end of the day,my dad still needed a car. He said if a swap was done, it could be processed within a few days.


We spent the afternoon looking at various options, including a brand new version of the car dad had originally bought. Four days later he picked up the brand new car. They gave him a £1000 discount on it, plus 0% finance for the extra £9000 that dad needed to pay.


Dad seems happy with the new car :T. Think this is a win win situation as the dealership earnt a bit more money as the new car cost £9000 more than the one he handed back.

[Deleted User]

Not the resolution I’d have settled for but all’s fair in love.

hollydays

Bearing in mind the stress it caused dad, seems like a great resolution

mattyprice4004

The most important thing is that Dad is happy with the deal — and it sounds like he is.