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Car been back to the dealer 20 times for faults whilst under warranty - what are my rights?
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Comments
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Hi OPitsmeagain said:
Apologies... to be clear - I neither said or meant to imply that every issue was mechanical and made the vehicle not fit for purpose. I also said "Please ask if there's any other relevant missing info required to access the case/options"TELLIT01 said:I had assumed the OP meant 20 visits for mechanical problems. Problems with seat stitching, sun visor mirror, glove box, key remotes etc, although undoubtedly annoying do not make the vehicle 'not fit for purpose'. Issues with Stop/Start are often associated with low battery voltage but there is no mention of any battery problems. From my experience Stop/Start activating is more a matter of luck than anything to be relied on.
The items streamlined below maybe either mechanical, legal, not fit for her purpose...
One-offs- water pump failure - mechanical VOR
- alternator belt failure - mechanical VOR
- ad blu injector failure - OBD emissions (legal) VOR
- air bag system - VOR (safety)
- multiple rear sliding door failures x 6 - mechanical - VOR safety
- glove box x 2 - mechanical fixings
- hands free voice/speaker x 4 - required for her job
- steering wheel noise x 3 - mechanical
- stop start not working with no obvious inhibits x 3 (OBD/emissions illegal)
- key remotes x 2 - can't use the car! VOR
You did not but it was just that you were not clear and that happens in many OP's so not to worry.
Now we have a cleaer picture, stuff like this happens its how they deal with it
Good luck0 -
I'm missing the significance of the realisation that there have been a few minor issues in addition to the big list of major issues that's taken the vehicle off the road for 33 days so far?diystarter7 said:
Hi OPitsmeagain said:
Apologies... to be clear - I neither said or meant to imply that every issue was mechanical and made the vehicle not fit for purpose. I also said "Please ask if there's any other relevant missing info required to access the case/options"TELLIT01 said:I had assumed the OP meant 20 visits for mechanical problems. Problems with seat stitching, sun visor mirror, glove box, key remotes etc, although undoubtedly annoying do not make the vehicle 'not fit for purpose'. Issues with Stop/Start are often associated with low battery voltage but there is no mention of any battery problems. From my experience Stop/Start activating is more a matter of luck than anything to be relied on.
The items streamlined below maybe either mechanical, legal, not fit for her purpose...
One-offs- water pump failure - mechanical VOR
- alternator belt failure - mechanical VOR
- ad blu injector failure - OBD emissions (legal) VOR
- air bag system - VOR (safety)
- multiple rear sliding door failures x 6 - mechanical - VOR safety
- glove box x 2 - mechanical fixings
- hands free voice/speaker x 4 - required for her job
- steering wheel noise x 3 - mechanical
- stop start not working with no obvious inhibits x 3 (OBD/emissions illegal)
- key remotes x 2 - can't use the car! VOR
You did not but it was just that you were not clear and that happens in many OP's so not to worry.
Now we have a cleaer picture, stuff like this happens its how they deal with it
Good luck0 -
itsmeagain said:
Looks like a page for the dealers 2nd hand car obligations rather than the manufacturers 5 year warranty of a new car.born_again said:Trouble is rejecting after 4 years use is not going to be easy. Especially as the car was Ok for 3 years.What to do if it’s after six months
The Consumer Rights Act focuses on the first 30 days and then the first six months of ownership, but all is not lost if you're outside the latter period. Follow the same steps and contact the dealer, giving them the option to inspect the car and put any problems right if possible. After six months, though, the responsibility is on you to prove the car was faulty when sold.
To prove this, consider an independent report, although this can carry a cost – sometimes up to £500. Visit the Institute of Automotive Engineer Assessors (IAEA) - www.iaea-online.org - to find a local inspector.
Presenting a dealer with a written report containing findings that support your claim will put you in a much stronger position.
I don't think there's any question whether it's faulty. It would be absurd for them to claim that they've continuously been fixing things under the 5 year manufacturer warranty that there's nothing wrong with. They have never attempted to claim that there's nothing wrong with any of the issues.
Again... how could you ever play the 'last a reasonable length of time' card if you only had 6 months?Nope, that's the legislation. You have to remember that Consumer Rights and a warranty are two different things.
0 -
Hiitsmeagain said:
I'm missing the significance of the realisation that there have been a few minor issues in addition to the big list of major issues that's taken the vehicle off the road for 33 days so far?diystarter7 said:
Hi OPitsmeagain said:
Apologies... to be clear - I neither said or meant to imply that every issue was mechanical and made the vehicle not fit for purpose. I also said "Please ask if there's any other relevant missing info required to access the case/options"TELLIT01 said:I had assumed the OP meant 20 visits for mechanical problems. Problems with seat stitching, sun visor mirror, glove box, key remotes etc, although undoubtedly annoying do not make the vehicle 'not fit for purpose'. Issues with Stop/Start are often associated with low battery voltage but there is no mention of any battery problems. From my experience Stop/Start activating is more a matter of luck than anything to be relied on.
The items streamlined below maybe either mechanical, legal, not fit for her purpose...
One-offs- water pump failure - mechanical VOR
- alternator belt failure - mechanical VOR
- ad blu injector failure - OBD emissions (legal) VOR
- air bag system - VOR (safety)
- multiple rear sliding door failures x 6 - mechanical - VOR safety
- glove box x 2 - mechanical fixings
- hands free voice/speaker x 4 - required for her job
- steering wheel noise x 3 - mechanical
- stop start not working with no obvious inhibits x 3 (OBD/emissions illegal)
- key remotes x 2 - can't use the car! VOR
You did not but it was just that you were not clear and that happens in many OP's so not to worry.
Now we have a cleaer picture, stuff like this happens its how they deal with it
Good luck
I will try to explain
Some of the issues, some people would not have even noted them
The 33 days, yes that is a waste of time and effort but it is how they dealt with it. My car when bought new had a few probs I have put them in this thread I think - they collected car at times and gave me another car. The reason i was not that converned is that if i was given another brand new car in its place, what was there to gurnatee there would be no niggles with that?
What are you looking for? Do you want another car? Do you want your money back or compo? Are you fed up with this model of car and want a different car?
Therefore it depends onn what you want, what they are offering and changing a car if it happens does not gurantee no problems
From what you said, the delaers been good, therefore I'm not really sure what else you want.
Btw - the car, loan car, I had to tell them it had to be similar or better as I have family that drove a top of the range car in that mmarque and when their car went back under warrnty repair, they were given a small run around and ot even an auto box
At times you have to ask and register with them how you feel and what you expect
I am sorry, but I feel, rightly or wrongly and only you can decide that the dealers been fair to you.
Good luck0 -
Agreed and I fully understand the warranty terms. It's the consumer rights part that i'm looking for clarification on. That's why my only question in the initial post was "is there any right to refund (or other), on the basis that it's not of merchantable quality, fit for purpose, last a reasonable time between fixes etc?"powerful_Rogue said:itsmeagain said:
Looks like a page for the dealers 2nd hand car obligations rather than the manufacturers 5 year warranty of a new car.born_again said:Trouble is rejecting after 4 years use is not going to be easy. Especially as the car was Ok for 3 years.What to do if it’s after six months
The Consumer Rights Act focuses on the first 30 days and then the first six months of ownership, but all is not lost if you're outside the latter period. Follow the same steps and contact the dealer, giving them the option to inspect the car and put any problems right if possible. After six months, though, the responsibility is on you to prove the car was faulty when sold.
To prove this, consider an independent report, although this can carry a cost – sometimes up to £500. Visit the Institute of Automotive Engineer Assessors (IAEA) - www.iaea-online.org - to find a local inspector.
Presenting a dealer with a written report containing findings that support your claim will put you in a much stronger position.
I don't think there's any question whether it's faulty. It would be absurd for them to claim that they've continuously been fixing things under the 5 year manufacturer warranty that there's nothing wrong with. They have never attempted to claim that there's nothing wrong with any of the issues.
Again... how could you ever play the 'last a reasonable length of time' card if you only had 6 months?Nope, that's the legislation. You have to remember that Consumer Rights and a warranty are two different things.0 -
The local repairing dealer has been fair, and they are simply at the mercy of the poor quality of the product, never argued or tried to avoid fixing under warranty.diystarter7 said:
Hiitsmeagain said:
I'm missing the significance of the realisation that there have been a few minor issues in addition to the big list of major issues that's taken the vehicle off the road for 33 days so far?diystarter7 said:
Hi OPitsmeagain said:
Apologies... to be clear - I neither said or meant to imply that every issue was mechanical and made the vehicle not fit for purpose. I also said "Please ask if there's any other relevant missing info required to access the case/options"TELLIT01 said:I had assumed the OP meant 20 visits for mechanical problems. Problems with seat stitching, sun visor mirror, glove box, key remotes etc, although undoubtedly annoying do not make the vehicle 'not fit for purpose'. Issues with Stop/Start are often associated with low battery voltage but there is no mention of any battery problems. From my experience Stop/Start activating is more a matter of luck than anything to be relied on.
The items streamlined below maybe either mechanical, legal, not fit for her purpose...
One-offs- water pump failure - mechanical VOR
- alternator belt failure - mechanical VOR
- ad blu injector failure - OBD emissions (legal) VOR
- air bag system - VOR (safety)
- multiple rear sliding door failures x 6 - mechanical - VOR safety
- glove box x 2 - mechanical fixings
- hands free voice/speaker x 4 - required for her job
- steering wheel noise x 3 - mechanical
- stop start not working with no obvious inhibits x 3 (OBD/emissions illegal)
- key remotes x 2 - can't use the car! VOR
You did not but it was just that you were not clear and that happens in many OP's so not to worry.
Now we have a cleaer picture, stuff like this happens its how they deal with it
Good luck
I will try to explain
Some of the issues, some people would not have even noted them
The 33 days, yes that is a waste of time and effort but it is how they dealt with it. My car when bought new had a few probs I have put them in this thread I think - they collected car at times and gave me another car. The reason i was not that converned is that if i was given another brand new car in its place, what was there to gurnatee there would be no niggles with that?
What are you looking for? Do you want another car? Do you want your money back or compo? Are you fed up with this model of car and want a different car?
Therefore it depends onn what you want, what they are offering and changing a car if it happens does not gurantee no problems
From what you said, the delaers been good, therefore I'm not really sure what else you want.
Btw - the car, loan car, I had to tell them it had to be similar or better as I have family that drove a top of the range car in that mmarque and when their car went back under warrnty repair, they were given a small run around and ot even an auto box
At times you have to ask and register with them how you feel and what you expect
I am sorry, but I feel, rightly or wrongly and only you can decide that the dealers been fair to you.
Good luck
My daughter has asked the local repairing dealer for advice on refund/replacement policy/options etc. They said that whilst the service/fault/warranty history would support a claim, the discussion needs to be had with the selling dealer/manufacturer (which I agree with).
My daughter would be happy to get a refund for the market value of a faultless version of her car (what a customer would have to pay now), so she has no consequential loss.
The object to my only question "is there any right to refund (or other), on the basis that it's not of merchantable quality, fit for purpose, last a reasonable time between fixes etc" is to gain prior knowledge in preparation for discussions with the original dealer/manufacturer.0 -
What I quoted is the consumer rights.itsmeagain said:
Agreed and I fully understand the warranty terms. It's the consumer rights part that i'm looking for clarification on. That's why my only question in the initial post was "is there any right to refund (or other), on the basis that it's not of merchantable quality, fit for purpose, last a reasonable time between fixes etc?"powerful_Rogue said:itsmeagain said:
Looks like a page for the dealers 2nd hand car obligations rather than the manufacturers 5 year warranty of a new car.born_again said:Trouble is rejecting after 4 years use is not going to be easy. Especially as the car was Ok for 3 years.What to do if it’s after six months
The Consumer Rights Act focuses on the first 30 days and then the first six months of ownership, but all is not lost if you're outside the latter period. Follow the same steps and contact the dealer, giving them the option to inspect the car and put any problems right if possible. After six months, though, the responsibility is on you to prove the car was faulty when sold.
To prove this, consider an independent report, although this can carry a cost – sometimes up to £500. Visit the Institute of Automotive Engineer Assessors (IAEA) - www.iaea-online.org - to find a local inspector.
Presenting a dealer with a written report containing findings that support your claim will put you in a much stronger position.
I don't think there's any question whether it's faulty. It would be absurd for them to claim that they've continuously been fixing things under the 5 year manufacturer warranty that there's nothing wrong with. They have never attempted to claim that there's nothing wrong with any of the issues.
Again... how could you ever play the 'last a reasonable length of time' card if you only had 6 months?Nope, that's the legislation. You have to remember that Consumer Rights and a warranty are two different things.
Sadly after 3 years of trouble free motoring. It is a case of normal wear & tear on a car.
In reality given the timescale there is no right to a refund, & even if you did as someone else said they are entitled to deduct for the length you have had the car. So after 30K that is going to be a very large chunk out of the purchase price.
It is also the selling dealer you are going back to, not the manufacture.
Just P/X for something else.Life in the slow lane1 -
Hiitsmeagain said:
The local repairing dealer has been fair, and they are simply at the mercy of the poor quality of the product, never argued or tried to avoid fixing under warranty.diystarter7 said:
Hiitsmeagain said:
I'm missing the significance of the realisation that there have been a few minor issues in addition to the big list of major issues that's taken the vehicle off the road for 33 days so far?diystarter7 said:
Hi OPitsmeagain said:
Apologies... to be clear - I neither said or meant to imply that every issue was mechanical and made the vehicle not fit for purpose. I also said "Please ask if there's any other relevant missing info required to access the case/options"TELLIT01 said:I had assumed the OP meant 20 visits for mechanical problems. Problems with seat stitching, sun visor mirror, glove box, key remotes etc, although undoubtedly annoying do not make the vehicle 'not fit for purpose'. Issues with Stop/Start are often associated with low battery voltage but there is no mention of any battery problems. From my experience Stop/Start activating is more a matter of luck than anything to be relied on.
The items streamlined below maybe either mechanical, legal, not fit for her purpose...
One-offs- water pump failure - mechanical VOR
- alternator belt failure - mechanical VOR
- ad blu injector failure - OBD emissions (legal) VOR
- air bag system - VOR (safety)
- multiple rear sliding door failures x 6 - mechanical - VOR safety
- glove box x 2 - mechanical fixings
- hands free voice/speaker x 4 - required for her job
- steering wheel noise x 3 - mechanical
- stop start not working with no obvious inhibits x 3 (OBD/emissions illegal)
- key remotes x 2 - can't use the car! VOR
You did not but it was just that you were not clear and that happens in many OP's so not to worry.
Now we have a cleaer picture, stuff like this happens its how they deal with it
Good luck
I will try to explain
Some of the issues, some people would not have even noted them
The 33 days, yes that is a waste of time and effort but it is how they dealt with it. My car when bought new had a few probs I have put them in this thread I think - they collected car at times and gave me another car. The reason i was not that converned is that if i was given another brand new car in its place, what was there to gurnatee there would be no niggles with that?
What are you looking for? Do you want another car? Do you want your money back or compo? Are you fed up with this model of car and want a different car?
Therefore it depends onn what you want, what they are offering and changing a car if it happens does not gurantee no problems
From what you said, the delaers been good, therefore I'm not really sure what else you want.
Btw - the car, loan car, I had to tell them it had to be similar or better as I have family that drove a top of the range car in that mmarque and when their car went back under warrnty repair, they were given a small run around and ot even an auto box
At times you have to ask and register with them how you feel and what you expect
I am sorry, but I feel, rightly or wrongly and only you can decide that the dealers been fair to you.
Good luck
My daughter has asked the local repairing dealer for advice on refund/replacement policy/options etc. They said that whilst the service/fault/warranty history would support a claim, the discussion needs to be had with the selling dealer/manufacturer (which I agree with).
My daughter would be happy to get a refund for the market value of a faultless version of her car (what a customer would have to pay now), so she has no consequential loss.
The object to my only question "is there any right to refund (or other), on the basis that it's not of merchantable quality, fit for purpose, last a reasonable time between fixes etc" is to gain prior knowledge in preparation for discussions with the original dealer/manufacturer.
Thank you.
I'm no expert but common sense tells me you have o right to a refund. You could easily sell the car, why not do that?
Are you looking at getting above market value? If not sell the car and I can't see the dealer giving you above-market value
TBH, if I was the dealer, I'd offer you p/x value.
However, seek good will and possibly a dosicunt on your next Evoke car and sell privately or p/x
Good luck
1
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