HELP NEEDED TO FIGHT CAR DEALERSHIP & SANTANDER CONSUMER FINANCE

akabelson

Hi Everyone,

I am at the end of my tether with a car dealership (Parks MotorGroup Ltd) & Santander Consumer Finance Ltd.
I purchased the vehicle on Thursday 3rd September 2020 from Parks MotorGroup Ltd, through financing the vehicle with Santander Consumer Finance.
After noticing issues as soon as the vehicle was picked up that day, the car was taken back to the garage on Saturday 5th September 2020.
They did rectify most of the issues, but issues still remained. I then booked the vehicle back in to them again to have the original issues sorted that hadn't first time around.
Only this time, one of the main issues still had not been recitified. Roll on again, I have just picked the vehicle up for the 3rd time from the dealership, and again...the issue has not been resolved.
After calling them today, I have been told i will need to wait until the 1st February 2021 before my vehicle can be booked in again with a courtesy car given.
I have battled with the finance company Santander for months now, where they initially upheld my complaint and sent out a 3rd Party Company "ACE Engineering" to diagnose the vehicle. They came back with a "The Start/Stop system does not work, after meeting all of Nissans guidelines as Parameters. This can be put down to a wiring fault, however this would not have been faulty upon finance inception". In other words, they say the fault developed 1 second after I signed the finance agreement.
I have also emails from the after-sales manager at Parks Motorgroup, admitting that the vehicle had not received a pre-delivery inspection prior the vehicle being sold to myself.
I have sent all this evidence, along with service invoices to the finance company, however they still stand by their final decision that the fault was not apparent at the point of signing the finance agreement with themselves.
I have started a case with the financial ombudsman and await their reply also. 
However, I need some sort of guidance as to where I stand legally, if anyone has had any similar issues with car dealerships/finance companies refusing to take notice etc.
Even a sample letter, i could perhaps use to send to the dealership to make them think twice and give a replacement vehicle?
Thanks again for reading
My patience is slowly disappearing, Steve

parking_question_chap

How old is the vehicle? What make and model.

akabelson

parking_question_chap said:

How old is the vehicle? What make and model.

The vehicle is a 2015 Nissan Qashqai Tekna. I know i am over my 30 days period of the Consumer Rights Act 2015 or whatever act it is, but I am still under the 6 month mark surely? I forgot to mention that on the day of picking up the vehicle, as soon as the issues were noticed, the dealership was called. They told me to bring the vehicle in to them on the Saturday 5th September, so they did know of the issues on the same day. The vehicle was then with the dealership for over 3 weeks the first time around. Following this, as soon as i picked the vehicle up again, I had notice some of the faults hadn't been rectified, I then called them a again not even a week or two later, for which I had to wait a further 4 weeks before the car could get booked in again to the service department to be sorted. They had the car again for a period of 2 weeks. This time around (3rd time in the garage) they had the car for a week. Does this pause my 30 day period of rights to reject the vehicle? 

Grumpy_chap

OP - Can you set out clearly (and with paragraphs) a timeline?
Please start with the vehicle details, and then follow with the faults.  So far we have:

• 2015 Nissan Qashqai Tekna
• Is Parks Motor Group a Nissan main dealer?  Car supermarket? 
• Purchased 3rd September 2020
• What mileage?
• What price?
• What type of finance?
• What issues noted day of collection?
• What issues resolved 5th September?
• What issues remained after the 5th September?
• When were these then looked at?
• One remaining issue - was this the stop/start system?
• In detail, what is the issue with the stop/start system?  My wife has a Fiesta and the stop/start system will not operate under certain conditions, e.g. weaker battery, high load (heating).  So, it is possible the stop/start is working correctly but still not "operating" when you stop.
• That was looked at today (21st December) but still not resolved
• What have the garage said about this issue and why it is not resolved?
• Was this issue reported to the garage when collected (3rd September)?
• Were the reported issues in writing?  (Or e-mail etc?)

Maybe, with full information, there will be others that have some experience and can comment in greater detail on the specific issues you are experiencing.

akabelson

• 2015 Nissan Qashqai Tekna
• Is Parks Motor Group a Nissan main dealer?  Car supermarket? Nissan Franchise
• Purchased 3rd September 2020
• What mileage? 38'000
• What price? £12'500
• What type of finance? Higher Purchase
• What issues noted day of collection? 
  1       Knocking from the front end when over bumps or turning the steering wheel.
  2)      Heated seats both driver & passengers not working.

• 3)      Start/Stop function not working.

  4)      Air Filter box was not secured properly and was rattling badly against the bodywork.

  5)      Rear right wheel speed sensor had been repaired to a sub-standard quality, causing a fault with regards to the ABS, traction control and Hill Start function.

  6)      Rear Interior Courtesy lights were not working through use of the switches.

  7)      Air Conditioning was not ice cold as it should be.

• What issues resolved 5th September? 1,2,4,5, 6
• What issues remained after the 5th September? 3 & 7
• When were these then looked at? 11/11/2020
• One remaining issue - was this the stop/start system? Yes
• In detail, what is the issue with the stop/start system?

The issue being, it never works. I have had the finance company send out their own individual "un-biased" party to check the vehicle. For which was was noted by there engineer that having met all the parameters that nissan say for the Stop/Start system to work, my start/stop system did not function at all. They said that there must be a wiring fault with the car to cause it not to work. My wife has the exact same car as me, same engine, same model and hers works perfectly when and as it should do.

• That was looked at today (21st December) but still not resolved. 17th December, received the car back on Friday 18th. Still no stop/start. Battery however was replaced this time around.
• What have the garage said about this issue and why it is not resolved? They say it is resolved and working as it should do, but I have drove the vehicle over 60 Miles now and not once has the start/stop kicked in. Various driving from town to motorway.
• Was this issue reported to the garage when collected (3rd September)? Yes, on the same day I picked the vehicle up. Approximately 35 Minutes after I picked the vehicle up. I then was told to bring the vehicle in on Saturday 5th September, where a courtesy car would be given to myself until they could get around to fixing the vehicle. This had taken around 3 weeks to resolve most of the issues with the vehicle.
• Were the reported issues in writing?  (Or e-mail etc?) Yes, I made a formal complaint to the dealership on 17th September 2020 after them still having my vehicle in for repair the first time around.

Thanks again and sorry about the lack of information, Steve

Uptown_Boy

Per the CRA 2015 the seller is allowed a single repair attempt to make the goods conform to contract. If goods still fail to conform to contract after this repair attempt then the consumer may return the vehicle for a refund. As it is a vehicle then the amount of refund may be reduced to account for the consumer's ownership - mostly related to the additional miles put on it. IMHO any finance payments you've made to date should be more than enough of a reduction in refund.

If the finance company are playing silly beggars then contact them to raise a Section 75 claim. If they still play silly beggars then raise a formal complaint which you can subsequently take to FOS.

Grumpy_chap

I think you have enough there to establish that the fault was present or developing at the time of purchase.  Irrespective of the finance company trying to establish otherwise.

Others may now be able to comment on any technical items to check and / or best route to obtain a satisfactory outcome.  What would you actually accept as a satisfactory outcome?  If they now fix the car, would that be sufficient?

Just one final thought, and it will seem like a daft question.  Does the stop/start system come with an "off/disable" switch / function deep in the menus?  Is it definitely enabled?  You would obviously expect the main dealer to have checked this but it could be so obvious as to have been overlooked.

akabelson

Uptown_Boy said:

Per the CRA 2015 the seller is allowed a single repair attempt to make the goods conform to contract. If goods still fail to conform to contract after this repair attempt then the consumer may return the vehicle for a refund. As it is a vehicle then the amount of refund may be reduced to account for the consumer's ownership - mostly related to the additional miles put on it. IMHO any finance payments you've made to date should be more than enough of a reduction in refund.

If the finance company are playing silly beggars then contact them to raise a Section 75 claim. If they still play silly beggars then raise a formal complaint which you can subsequently take to FOS.

I thought section 75 would only be available to me if i had paid by credit card? The finance company after speaking with them today again to try and re-open my case are firm in their decision that the fault developed after the point of signing the agreement. I have also raised a complaint via the Financial Ombudsman, Motoring Ombudsman (the garage is a member of this) and Trading Standards in Scotland as they sold me a car without inspecting the vehicle. I will copy & paste the e-mail from the After-Sales Manager at Parks Motor Group Ltd.

Grumpy_chap said:

I think you have enough there to establish that the fault was present or developing at the time of purchase.  Irrespective of the finance company trying to establish otherwise.

Others may now be able to comment on any technical items to check and / or best route to obtain a satisfactory outcome.  What would you actually accept as a satisfactory outcome?  If they now fix the car, would that be sufficient?

Just one final thought, and it will seem like a daft question.  Does the stop/start system come with an "off/disable" switch / function deep in the menus?  Is it definitely enabled?  You would obviously expect the main dealer to have checked this but it could be so obvious as to have been overlooked.

Overall, I want to keep the car, but I have lost all faith in the vehicle now and the ability of the garage to resolve the issue that they say is fixed, when clearly it has never been sorted and they keep fobbing me off with excuses. The start/stop does have an on/off button to disable the feature, I have tried to use this also to no avail. It displays "Disabled" when pressed, then "Enabled" when pushed again with no function of the system working, no matter what I try. I have tried to change my driving habits completely to reach all parameters myself. I still cannot get it to work. With my wife's car, I drive my normal way, pull up to a set of lights, car in neutral, clutch released and foot on the brake pedal. (AC on, Heated Sears on etc) and it kicks in every time with no issues.

I think if they can't seem to fix the issue, what happens when I have the car a year down the line and something more severe that is causing the issue becomes more apparent and I am then out-with my warranty period with Nissan and the Garage itself, I would have a repair bill the length of my arm to foot. I would rather they cancel down the finance agreement, but in all honesty i would much rather have a replacement vehicle (like for like Model).

Thanks for your replies, it is much appreciated. Trying to juggle two young kids, working full time and having to go back and forth to dealerships and on the phone to numerous parties has been nothing short of a headache to say the least! The finance company don't want to budge which is annoying as they own the car legally, all i got from the complaint handler today was him saying that the consumer act 2015 is what you interpret of it.

akabelson

Dear Mr.                                                                                      Ref: Nissan

 

I have been unable to contact you by telephone this afternoon, I appreciate you may not be able to take calls at this time of day.  I was truly sorry to learn about your recent  experience not the ideal start anyone buying a car , I would like to take this opportunity to sincerely appologise for any inconvenience this experience may have caused. 

 

On investigating the matter it would appear that a level of miscommunication somewhere in our process as to the level of pre sales preparation was carried out on the vehicle prior to the car arriving here in Irvine. As a direct response we have reviewed our internal policy with regards to vehicle preparation carried out away from the selling location.    

 

 

As a measure of goodwill and without prejudice, I would like to offer you a set of car mats and your next service free of charge on your Nissan Qashqai (REG NUMBER REMOVED)  

 

 

When you call in to make the service appointment please inform the booking team about this letter. I have also amended your customer notes in our system confirming this gesture.

 

We also offer a collection and deliver service from your area should this be more convenient for you, or alternatively the offer a courtesy car another option available for you as part of the Nissan customer promise. Moreover, this service on your Qashqai (REG REMOVED) will ensure your Continuous Roadside Assistance. Full terms of the Roadside Assistance can be found at. www.nissan-aftersale.co.ul/assistance/roadside-assistance

 

Hopefully the action we have taken will go some way to restoring your faith in the Park’s Motor Group and ease the bitter taste you feel after this experience.  Once again, please accept my sincere apologies for any inconvenience this experience may have caused. 

 

Yours sincerely,

 

 

(NAME REMOVED FOR SEVERAL REASONS) F.I.M.I.
Aftersales Manager

akabelson

This was the original email I had sent to their complaints department at Parks Motor Group, Above is the reply I received on September 23rd 2020.

Thu 17/09/2020 10:29

To: TCF@parks.uk.com

Good Morning,

 I have recently purchased two vehicles from Parks at Dreghorn, Irvine.

 **The one with all the issues**

Nissan Qashqai – (REG REMOVED)

 Upon picking the vehicle up and driving home, issues with the car became apparent. Once looked at, the issues found with the vehicle were the following:

 1)      Knocking from the front end when over bumps or turning the steering wheel.

2)      Heated seats both driver & passengers not working.

3)      Start/Stop function not working

4)      Air Filter box was not secured properly and was rattling badly against the bodywork.

5)      Rear right wheel speed sensor had been repaired to a sub-standard quality, causing a fault with regards to the ABS, traction control and Hill Start function on the car not working at all.

6)      Rear Interior Courtesy lights were not working through use of the switches.

7)      Air Conditioning was not ice cold as it should be.

Now, I am not a trained mechanic but I do know that a wheel speed sensor is a safety feature of any vehicle that controls the ABS of a vehicle. This in my eyes should have been picked up by a trained mechanic very easily.

 I dropped my car off on Saturday 5th September 2020, and still await my car back.

 I have taken finance out on this vehicle so that I could enjoy the car, but I am currently nearly 2 weeks later still stuck in a Nissan Micra courtesy car.  Now, to say this is inconvenient is an understatement.

 I am not happy at all, when I purchase any vehicle, I expect it to be spot on and not have a list as long as my arm with issues.

 Surely, there must be something you can do with regards to compensation for the inconvenience this has caused myself?

 Just to also note, the other car I bought was also a Nissan Qashqai, which also had a Tyre Pressure Monitor System light from day one which is due in tomorrow to be rectified.

Is this really the way you wish cars to be leaving yourselves to customers?

 I look forward to your prompt reply.

Regards

 

akabelson

and again...28th October, another e-mail before the car had to go back in for the 2nd time for faults, some still from the first time around:

28/10/2020 09:41

To:

•  Paul (surname removed)

Hi Paul,

Apologies in the delay with regards to acceptance as previously discussed.

I am however having the same issues with vehicle again and more.

I have been told by your service department that I need to wait until 30th November to get a courtesy car.

The start stop function of the vehicle is still not working.

The AC is still not cold, Luke warm at best.

The exhaust fumes I complained about are still apparent through the vents of the vehicle.

And now to top it all off, the cruise control has decided to stop working.

Is there anything that can be done as this is the second time I’m having to hand the vehicle back in for fixes.

I don’t want to have to hand the vehicle back and cancel my agreement but it appears this seems to be my only choice with the hassle this car is causing.

Am I correct that I can also contact Nissan directly with regards to this matter?

I am also sure I can take the vehicle to any Nissan dealer and they can fix the issues I am having as your service department are not willing to help in any way.

I look forward to hearing from you.

Kind regards