Faulty new car, considering rejection…

Ajsteve

So background is this: Brand new Volvo XC60 on finance (PCP), delivered beginning of April - more than 30 days ago for the sake of car rejection process.

After 2 days of ownership the car refused to start. Car was “fixed” by Volvo Assist team, only for the same fault to occur days later. Car returned to Volvo dealership for further inspection. After a week of not being able to rectify the issue, a hairline crack was discovered and I was assured the problem was fixed.
Alas, a few days later the problem re-occurred. Car goes back to Volvo, where it now remains for a further fortnight after Volvo recommended a software upgrade. 

The same fault has occurred 3 times now and I’m starting to formulate a case for rejection if this fault reoccurs. My husband is reluctant to go down this avenue so I’m asking on here for further advice so I can convince him I’m doing the right thing here…! 

My plan is to write to the dealership and the finance company, explaining everything that has happened in writing (I have a timeline all documented). In the letter I aim to provide a deadline by which I will allow for the fault to be rectified and fixed. I aim to say 30 days from now and if the issue still exists, then I wish to reject the car. Is this reasonable or should I apply a different strategy? Is this a case for potential compensation or a partial refund?
We are currently driving a courtesy car which is a “better” spec than the car we own - an advantage is that we are putting miles on another vehicle so I guess the dealership could argue that in terms of compo.

if I were to reject this vehicle, could Volvo expect me to pay higher repayments on a replacement car? Could they also leave me without a vehicle whilst I await the replacement? There’s a backlog at the moment of new car deliveries so I’m aware it could take months for a new car to become available. If anyone has any knowledge or experience in this area I’d be really keen to hear your thoughts and suggestions.

TIA.

MalMonroe

Hi, because the car is on finance, this is something the finance company needs to sort out for you, so you should contact them in the first instance. I'd also send a copy to the dealer, or let them know what I was doing anyway. If you don't get anywhere with the finance company, you can turn to the Financial Ombudsman for help, see the info here -

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/car-finance

I bought a car via PCP three years ago because it was 0% interest for two years. However, I was annoyed to see, a few days after I'd signed the agreement, that there was a similar car to mine on their forecourt with the same repayment terms and conditions but it was two years newer, £500 cheaper and 20,000 miles fewer than the one they'd sold me. So I asked the dealer to cancel the original agreement and let me have the newer car instead. They weren't too pleased but they did as I asked - the finance was via the dealer, Toyota. There wasn't anything wrong with the older car but I felt cheated. One salesman even told me it wasn't possible to do as I asked but even though I knew he wasn't wrong, I persisted. Now they have an extremely loyal customer!

I think you are right and your husband is wrong not to want to pursue this matter. You are paying for a car that's useless (albeit you have a courtesy car, it's not the one you signed up for - says me, what a cheek!)

I think your plan is excellent and I'd get on with that asap. 

You do still have rights under the Consumer Rights Act 2015, even if the car's on PCP because it should still be 'fit for purpose' and it's not. And hasn't been since you took ownership of it really.

Volvo could expect you to pay more and do all kinds of things but the Ombudsman will be on your side and you can't be made to do any of the things you fear, since they've tried to palm you off with a dud of a vehicle. They have not kept to their side of the agreement and they cannot force you to do anything you don't agree with. To my mind they should be bending over backwards in an effort to please you. 

If they can't get you a working model of the car you want, that means that their agreement will be null and void and you will be free to go elsewhere. Just stand up for your rights. 

nyermen

Every car company can produce a lemon or two off the production line.  Hairline crack?  In what - the engine block?

sheramber

often referred to as a Friday afternoon car.

Ajsteve

nyermen said:

Every car company can produce a lemon or two off the production line.  Hairline crack?  In what - the engine block?

trying not to fall fowl to a typical female generalisation here but…. I am NOT a mechanic in the slightest! From what I remember the technician explaining, it was a hairline crack found in the start up mechanism. Is that a thing?

Ajsteve

MalMonroe said:

Hi, because the car is on finance, this is something the finance company needs to sort out for you, so you should contact them in the first instance. I'd also send a copy to the dealer, or let them know what I was doing anyway. If you don't get anywhere with the finance company, you can turn to the Financial Ombudsman for help, see the info here -

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/car-finance

I bought a car via PCP three years ago because it was 0% interest for two years. However, I was annoyed to see, a few days after I'd signed the agreement, that there was a similar car to mine on their forecourt with the same repayment terms and conditions but it was two years newer, £500 cheaper and 20,000 miles fewer than the one they'd sold me. So I asked the dealer to cancel the original agreement and let me have the newer car instead. They weren't too pleased but they did as I asked - the finance was via the dealer, Toyota. There wasn't anything wrong with the older car but I felt cheated. One salesman even told me it wasn't possible to do as I asked but even though I knew he wasn't wrong, I persisted. Now they have an extremely loyal customer!

I think you are right and your husband is wrong not to want to pursue this matter. You are paying for a car that's useless (albeit you have a courtesy car, it's not the one you signed up for - says me, what a cheek!)

I think your plan is excellent and I'd get on with that asap. 

You do still have rights under the Consumer Rights Act 2015, even if the car's on PCP because it should still be 'fit for purpose' and it's not. And hasn't been since you took ownership of it really.

Volvo could expect you to pay more and do all kinds of things but the Ombudsman will be on your side and you can't be made to do any of the things you fear, since they've tried to palm you off with a dud of a vehicle. They have not kept to their side of the agreement and they cannot force you to do anything you don't agree with. To my mind they should be bending over backwards in an effort to please you. 

If they can't get you a working model of the car you want, that means that their agreement will be null and void and you will be free to go elsewhere. Just stand up for your rights. 

Thanks for your input. The husband is panicking because he thinks if we follow the rejection process then we won’t be able to get a replacement vehicle without some kind of deposit expected or higher interest rates. This car was a replacement deal 2 years into our previous PCP (same car), so zero deposit and 2020 interest rates. My argument is that we shouldn’t be out of pocket because we’re just asking effectively for an exchange like for like - exact same car, just a working one, but that shouldn’t alter the agreement?