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Car Rejection

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5ikersh
5ikersh Posts: 11 Forumite
10 Posts
Hi all, I'm new here and looking for some advice on my recent car purchase, it's a bit of a long one so please bear with me...

Here is a brief description of the events:

On 4th January 2020 I purchased a Brand New Car from a dealership in Kent.

On the 7th January 2020 I noticed there was damage to the drivers (O/S) side sill, which was damage that had been badly touched up by the dealer or factory. I contacted the dealer immediately with photographs and they insisted the damage wasn’t there initially and a sales manager at the dealership made some accusatory comments. I complained to the dealership and the Director of the dealership about this.

I was initially going to reject the previous car at this point, but I wanted an amicable resolution so it was agreed with the dealership that they would supply a replacement Brand New car they had in stock which was a different colour but I was okay with that.

I noticed before collection on some photos supplied (and a YouTube video of the New replacement car) that there was damage to the New cars side stripe. It was then agreed that the stripe would be ‘fixed’ before I collected the replacement car, again as I wanted to save any issues / hassle going through rejection.

Upon collection of the car on 24th January 2020 the dealer told me the stripe had been fixed by a 'local graphics company' so not a genuine part, however it was a different colour and it didn’t match the other stripes. It was agreed that the dealer would get the genuine side stripe in stock to replace with the incorrect one.

It’'s now been approx 8 weeks since I collected the replacement car, which still has the different coloured side stripe fitted and the dealer has said the genuine correct coloured stripe is unavailable from the manufacturer.

I’ve paid over £32,000 for the car on a PCP (£560 p/m), including a £2000 deposit.

I've had a lot of inconvenience in having to travel back and forth from the dealership to collect the replacement car which is a 10 hour journey in total as the dealer is in Kent and I’m up North. To still have issues with the replacement car in my opinion is unacceptable.

The car also has issues with the exhaust system, which makes a rattling sound and also a cracked fog light surround. These have also been reported to both the manufacturer and the dealership as well.

I have also still yet to sign the amended finance agreement for the replacement car due to all of this, which was posted to me nearly two weeks after I took ownership of this car and I’m still awaiting the £200 owed in the difference between the price of the previous car and the new one (as the spec was slightly different), which again I have told the manufacturer and finance company about numerous times via email.

I have spoken to Citizens Advice, who advised me to write to the finance company which I did on the 10th March. On 13th March I received an email from the Dealerships Director asking me to contact her. I sent her an email saying that I have written to the finance company and explaining to her the situation and what outcome I’d like. Since then I have received nothing, but I’m preparing for the dealer/finance company to respond in possibly saying they won’t accept it. So I'm looking to have some kind of legal advice/backup just in case this situation arises.

I’ve asked for the car to be collected as I’'m rejecting it, to be refunded my £2000 deposit and for the the finance to be terminated, as I believe I have given the dealer plenty of opportunities to rectify the situation.

I don’t know if this your area of expertise, but I just wanted to see if this is something you think I have a chance of being successful with on my own and something that you would think I’m entitled to ask for due to the circumstances as stated above?

Many thanks,
Simon

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Comments

  • jacsll55
    jacsll55 Posts: 76 Forumite
    Fifth Anniversary 10 Posts
    OP Sorry to hear of your issue, did you document/save all correspondence? Use resolver tool to make your complaint.
    I am in a similar situation with a used car and I have returned the car to the nearest dealers outlet and have not got a response it will be a week tomorrow!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 17 March 2020 at 3:09PM
    5ikersh said:
    On 4th January 2020 I purchased a Brand New Car from a dealership in Kent.
    So over 30 days ago.
    I've had a lot of inconvenience in having to travel back and forth from the dealership to collect the replacement car which is a 10 hour journey in total as the dealer is in Kent and I’m up North.
    It was your choice to purchase from a dealer so far away.
    I’ve asked for the car to be collected as I’'m rejecting it
    They may offer to do that from goodwill, but there is no requirement for them to do so. You are legally expected to return the goods to the place of collection.

    You're outside the 30 day outright rejection period, so the supplier have a right to repair.
    The parts for the minor cosmetic issue (which you admit you were aware of before collection) are out of stock with the manufacturer, but will be supplied as soon as they're back in stock.
    You make no mention of having given them an attempt to sort the rattle and the cracked light housing.
    The warranty should cover those, even without invoking your legal rights - under which they would be within their rights to require you to return to the supplying dealership, but a warranty claim can be done through any dealer.
  • jacsll55
    jacsll55 Posts: 76 Forumite
    Fifth Anniversary 10 Posts
    edited 17 March 2020 at 3:23PM
    AdrianC said:
    5ikersh said:
    On 4th January 2020 I purchased a Brand New Car from a dealership in Kent.
    So over 30 days ago.
    I've had a lot of inconvenience in having to travel back and forth from the dealership to collect the replacement car which is a 10 hour journey in total as the dealer is in Kent and I’m up North.
    It was your choice to purchase from a dealer so far away.
    I’ve asked for the car to be collected as I’'m rejecting it
    They may offer to do that from goodwill, but there is no requirement for them to do so. You are legally expected to return the goods to the place of collection.

    You're outside the 30 day outright rejection period, so the supplier have a right to repair.
    The parts for the minor cosmetic issue (which you admit you were aware of before collection) are out of stock with the manufacturer, but will be supplied as soon as they're back in stock.
    You make no mention of having given them an attempt to sort the rattle and the cracked light housing.
    The warranty should cover those, even without invoking your legal rights - under which they would be within their rights to require you to return to the supplying dealership, but a warranty claim can be done through any dealer.
    Even the dealer will not answer you back like this!!!
    Its a £32K car not a banger Adrian C!!!
    You seem to be a troll on most posts!
    Not offering any advice support or help, that is what this forum is for!

  • 5ikersh
    5ikersh Posts: 11 Forumite
    10 Posts
    edited 17 March 2020 at 3:45PM
    AdrianC said:
    5ikersh said:
    On 4th January 2020 I purchased a Brand New Car from a dealership in Kent.
    So over 30 days ago.
    The previous car was purchased on 4th Jan and within the first few days I spotted the damage. The replacement cars fault was spotted before I even collected (24th Jan). It was fixed, but not with the correct part and now this part is unavailable. I have given the dealer 8 weeks to rectify which I think is fair considering how much the car cost/costs.
    I've had a lot of inconvenience in having to travel back and forth from the dealership to collect the replacement car which is a 10 hour journey in total as the dealer is in Kent and I’m up North.
    It was your choice to purchase from a dealer so far away.
    Not really as there's only a few dealers who specialise in the car I purchased. I've had to travel back and forth due to the dealer supplying an initial damaged car.
    I’ve asked for the car to be collected as I’'m rejecting it
    They may offer to do that from goodwill, but there is no requirement for them to do so. You are legally expected to return the goods to the place of collection.
    Not from what I've read, it's upto the the dealer to collect the car, but if required I would be willing to drop it off.

    You're outside the 30 day outright rejection period, so the supplier have a right to repair. 
    They have already repaired the car within the 30 days (even before I collected) and now unable to fit the correct part.
    The parts for the minor cosmetic issue (which you admit you were aware of before collection) are out of stock with the manufacturer, but will be supplied as soon as they're back in stock.
    I wasn't aware it would take this long for the part to be supplied and I've been told by the dealer themselves that the part is unavailable.

    You make no mention of having given them an attempt to sort the rattle and the cracked light housing.
    The warranty should cover those, even without invoking your legal rights - under which they would be within their rights to require you to return to the supplying dealership, but a warranty claim can be done through any dealer.
    This may be so, but common sense would prevail in this case having had to return a damaged car just before, and then to have faults with the replacement. Not only that the car is £32k car, it's unfair to suggest to anyone in that situation that this is acceptable from the dealer.
    See above 
  • 5ikersh
    5ikersh Posts: 11 Forumite
    10 Posts
    jacsll55 said:
    OP Sorry to hear of your issue, did you document/save all correspondence? Use resolver tool to make your complaint.
    I am in a similar situation with a used car and I have returned the car to the nearest dealers outlet and have not got a response it will be a week tomorrow!
    All docs saved yes :) I will try resolver, thanks!
  • born_again
    born_again Posts: 20,320 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 17 March 2020 at 3:59PM
    Intrigued as to which car this is?

    >>Upon collection of the car on 24th January 2020<<
    So you have already rejected the original car and have yet to sign the new finance agreement.
    So this could well be argued that it is a new purchase.
    As AdrainC said, the other 2 issues should be covered by the warranty. As to the stripe. It will be a special order as not something that a dealer will stock. So could be months before supplied, especially given the current health issues and the effects they are having on supply chains.
    Would getting them to replace the other genuine one with a matching one from the same co that supplied other be OK?

    Perhaps best advice would be to speak to Citizens advice.
    Life in the slow lane
  • 5ikersh
    5ikersh Posts: 11 Forumite
    10 Posts
    Intrigued as to which car this is?
    It's an Abarth 695 (Fiat 500 Abarth) so for £32k you'll understand why I'd want it right!
  • born_again
    born_again Posts: 20,320 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    5ikersh said:
    Intrigued as to which car this is?
    It's an Abarth 695 (Fiat 500 Abarth) so for £32k you'll understand why I'd want it right!
    So any Fiat dealer would be able to supply it then.
    https://www.abarthcars.co.uk/retailers

    Don't know exactly in the north you are but put in Newcastle and got 7 dealers within 90 mins.
    Life in the slow lane
  • 5ikersh
    5ikersh Posts: 11 Forumite
    10 Posts
    Intrigued as to which car this is?

    >>Upon collection of the car on 24th January 2020<<
    So you have already rejected the original car and have yet to sign the new finance agreement.
    So this could well be argued that it is a new purchase.
    As AdrainC said, the other 2 issues should be covered by the warranty. As to the stripe. It will be a special order as not something that a dealer will stock. So could be months before supplied, especially given the current health issues and the effects they are having on supply chains.
    Would getting them to replace the other genuine one with a matching one from the same co that supplied other be OK?

    Perhaps best advice would be to speak to Citizens advice.
    The agreement is just amended with the VIN number from the replacement car. However I am owed £200 in difference between the new and previous car, hence why I haven't signed it.
    If the dealer would have said the stripe won't be in for months I would have rejected the previous car and that would have been that! I wish I had now tbh....
  • AdrianC said:
    I’ve asked for the car to be collected as I’'m rejecting it
    You're outside the 30 day outright rejection period, so the supplier have a right to repair.
    The initial problem was reported well within the 30 day short term right of rejection period and when that happens, the clock stops as far as rights and remedies under the CRA are concerned so no, the OP is not outside of the time allowed for rejection.
    The supplier has already had at least one attempt to repair the car, a repair that has failed so again, this gives the OP the right of rejection and as the repair was requested within the first 30 days, this must be a full refund with no deduction made for usage.
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